City Council

OFFICE OF CITY CLERK SCHENECTADY, NEW YORK AGENDA FOR THE COUNCIL CAUCUS AND THE CITY COUNCIL MEETING Monday, November 27, 2023 Room 209 7:00 p.m. PUBLIC HEARING 001 The 2024 Upper Union Street BID PUBLIC HEARING 002 The 2024 DSAD / DSIC Budget ORIGINAL CONSIDERATION 01 Council Member A RESOLUTION Calling for a Public Hearing to Amend the City of Schenectady Code Section 234-1 to Modify the Annual Income Amount for the Tax Exemption Votes Required 4 ORIGINAL CONSIDERATION 02 Council Member A RESOLUTION Authorizing an Amendment to the Collective Bargaining Agreement (2019- 2024) between the City of Schenectady and Firefighters Local 28 IAFF, AFL CIO Related to Firefighter Trainees Votes Required 4 ORIGINAL CONSIDERATION 03 Council Member A RESOLTUION Authorizing an Amendment to the Collective Bargaining Agreement (2019- 2024) between the City of Schenectady and Firefighters Local 28 IAFF, AFL CIO Related to the Drug and Alcohol Policy and Testing Plan Votes Required 4 Wednesday, November 22, 2023 Page 1 of 2  Monday, November 27, 2023 Room 209 7:00 p.m. ORIGINAL CONSIDERATION 04 Council Member A RESOLUTION Authorizing the Reimbursement of Expenses by the Rose Garden Restoration Committee Votes Required 4 ORIGINAL CONSIDERATION 05 Council Member A RESOLUTION Authorizing the Sale of 1908 Avenue B for $107,000.00 Votes Required 4 ORIGINAL CONSIDERATION 06 Council Member A RESOLUTION Authorizing the Sale of a Vacant Lot on Avenue B for $2,000.00 Votes Required 4 ORIGINAL CONSIDERATION 07 Council Member A RESOLUTION Authorizing the Sale of a Vacant Lot at 929 Cutler Street for $1,500.00 Votes Required 4 ORIGINAL CONSIDERATION 08 Council Member A RESOLUTION Authorizing the Sale of a Vacant Lot at 1419 Broadway for $10,000.00 Votes Required 4 ORIGINAL CONSIDERATION 09 Council Member A RESOLUTION Recognizing Army Veteran Private Raymond C. Zanta Votes Required 4 CONTRACT & SUPPLY 10 Council Member A RESOLUTION Awarding the Bid and Contract for “2023 HVAC Maintenance and Repairs” to RMB Mechanical, Inc. in the Total Amount of $212,488.00 Votes Required 4 Wednesday, November 22, 2023 Page 2 of 2  BUDGET | 2024 INCOME Annual City Assessment.............................................................................................. $46,100.00 EXPENSE Personnel / Contractor...................................................................................................... $14,000.00 Executive Director..............................................................................$12,000.00 Marketing Consultant........................................................................$1,000.00 Accounting / CPA Fees.......................................................................$1,000.00 Advertising........................................................................................................................ $5,000.00 Entertainment................................................................................................................... $4,000.00 Tree Lighting..................................................................................... $2,000.00 Trick or Treat …………………………………………………………………………………$2,000.00 Landscaping.................................................................................................................. $4,000.00 Beautification.................................................................................................................... $5,000.00 Holiday Decorations........................................................................................................ $1,500.00 Meetings.......................................................................................................................... $1,500.00 Refreshments.................................................................................... $600.00 Misc………………………………………………………………………………………………………………………… $1,300.00 Wire fee………………………………………………………………………………………… $70.00 NY fees…………………………………………………………………………………………..$50.00 Dues and Subscriptions…………………………………………………………………. $400.00 Quickbooks…………………………………………………………………………………….$180.00 Office Supplies……………………………………………………………………………….$250.00 Printing…………………………………………………………………………………………. $250.00 Incidenals……………………………………………………………………………………… $100.00 Liability / D&O Insurance.................................................................................................. $1,700.00 Snow Removal.................................................................................................................. $6,000.00 Scholarships....................................................................................................................... $2,000.00  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: RESOLVED, that the City Council will conduct a public hearing in relation to: Amending City of Schenectady Code Section 234-1 to Modify the Annual Income Amount for the Tax Exemption Said Public hearing shall be held on Monday, December 11, 2023 at 7:00 p.m. at Council Chambers, Room 209, Schenectady City Hall, 105 Jay Street, Schenectady, New York – for the purpose of discussing Amending FT City of Schenectady Code Section 234-1 to Modify the Annual Income Amount for the Tax Exemption; and be it further RESOLVED, that the City Clerk shall have the following notice published in the appropriate manner: NOTICE OF A PUBLIC HEARING Amending City of Schenectady Code Section 234-1 to Modify the Annual Income Amount for the Tax Exemption D On Monday, December 11, 2023 at 7:00 p.m., the Schenectady City Council shall conduct a R public hearing in relation to the above-referenced matter. Said public hearing shall be held in Council Chambers, Room 209, Schenectady City Hall, 105 Jay Street, Schenectady, New York – for the purpose of receiving public comment relative to the above-referenced matter; and be it further RESOLVED, that copies of the proposed amended Section 234-1 of the City of Schenectady Code be made available at the City Clerk’s Office and the City of Schenectady website at www.cityofschenectady.com for public inspection beginning no later than December 6, 2023; and be it further RESOLVED, that all interested parties may also be heard by submitting written comments to the City Clerk via www.cityofschenectady.com/158/City-Council, by email at smykoo@schenectadyny.gov, or mail at City Clerk, 105 Jay St., Schenectady, NY 12305, by 12:00 p.m. on December 8, 2023. Approved as to form this 27th day of November, 2023. __________________________ Andrew B. Koldin, Esq. Corporation Counsel FT A DR  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing an Amendment to the Collective Bargaining Agreement (2019-2024) between the City of Schenectady and Firefighters Local 28 IAFF, AFL CIO Related to Firefighter Trainees WHEREAS, the City Council previously authorized a collective bargaining agreement between the City of Schenectady and Firefighters Local 28 IAFF, AFL-CIO (“Local 28”) for the period January FT 1, 2019 through December 31, 2024 (2019-2024 CBA); and WHEREAS, the parties further negotiated the inclusion of firefighter trainees in the 2019-2024 CBA; and WHEREAS, the parties have tentatively agreed upon amendments to the 2019-2024 CBA as A provided in the Memorandum of Agreement (MOA) attached hereto and made a part hereof; and WHEREAS, the Local 28 has ratified the amendments contained in the MOA: D NOW, THEREFORE BE IT, R RESOLVED, that the City Council approves the amendments to the 2019-2024 CBA, as memorialized in the attached Memorandum of Agreement, which is incorporated herein, and authorizes the Mayor to execute the 2019-2024 CBA as amended on behalf of the City. Approved as to form this 27th day of November, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel  \MEMORANDUM OF AGREEMENT Between CITY OF SCHENECTADY and THE SCHENECTADY CITY FIRE FIGHTER’S UNION LOCAL 28 IAFF, AFL-CIO The City of Schenectady (“City”) and the Schenectady City Fire Fighter’s Union Local 28 IAFF, AFL-CIO (“Union”) are parties to a collective bargaining agreement with a stated term of January 1, 2019 through December 31, 2024 (“2019-24 Agreement”). Subject to FT approval by the City Common Council and ratification by the Union, the parties hereby agree to modify the 2019-24 Agreement as follows: 1. Article III B. will be amended to: “‘Member’ or ‘Employee’ means a person A employed by the Fire Department of the City of Schenectady as a firefighter or firefighter paramedic trainee, excluding the Fire Chief and Assistant Fire Chief.” D 2. R Article III O. will be amended to: “‘Special Courses’ means courses given by outside institutions or organizations and taken by firefighters and firefighter paramedic trainees on their own time and their own expense.” 3. Article VIII B. will be amended to: “The security and safety of the community depends to a great extent on the manner in which firefighters and firefighter paramedic trainees perform their duty. Their employment is thus in the nature of public trust.” 4. Article VIII E. will be amended to: “Within forty-eight (48) hours, a copy shall be given to each firefighter and firefighter paramedic trainee of any entry added to his/her personnel file which may have an immediate or future effect of a derogatory nature upon his/her status, seniority rights, promotional possibilities or relationships with his/her fellow firefighters, firefighter paramedic trainees, or superiors.” 5. Article XII Section 4 will be amended to: “Overtime and Call Back: Any firefighter or firefighter paramedic trainee holding the rank of Deputy Chief or lower and working in excess of twenty-four hours (24) hours on any one tour of duty shall be paid for all such additional time spent, at one and one half (1.50) time the firefighter’s or firefighter paramedic trainee’s respective regularly hourly rate as computed on the basis of his/her annual salary plus longevity allowed divided by two thousand….” 6. The third paragraph of Article XII Section 4 D. will be amended to: “Accrued FT compensatory time will be paid out at the Firefighter’s or Firefighter Paramedic Trainee’s then current rate of pay.” 7. The fourth paragraph of Article XII Section 4 D. will be amended to: “Firefighters A and firefighter paramedic trainees who are called back for any reason when off duty shall be paid D for such time as if performing overtime work. However, a minimum of four (4) hours pay or compensatory time at the overtime rate shall be allowed for each call-back. Call back to duty R shall mean not only a recall to active duty within the Department but a requirement of the firefighters and firefighter paramedic trainees to physically report or appear to give testimony before a grand jury, any recognized court, or any recognized departmental or agency hearing which may compel his/her attendance either by subpoena or by direction of his/her superior officer.” 8. The third paragraph of Article XII Section 5 will be amended to: “Upon hiring, all firefighters and firefighter paramedic trainees shall be fully equipped with all necessary uniforms and other equipment, including shoes, at the expense of the City.” 2  9. The fourth paragraph of Article XII Section 5 will be amended to: “In the event the City decides to change the style or color of uniforms worn by firefighters and firefighter paramedic trainees, the City will supply such new uniforms at its own expense without a charge- back against the clothing allowed herein described.” 10. The second paragraph of Article XII Section 7 will be amended to: “Firefighters and firefighter paramedic trainees required to work on any of the aforementioned holidays shall be paid for such time in accordance with the provisions of Article XII, Section 4.” 11. The third paragraph of Article XII Section 7 will be amended to: “In addition, all firefighters and firefighter paramedic trainees working in platoons on a shift basis, whose regular FT tour of duty may require them to work on holidays and weekends, will be paid an additional thirteen (13) days’ pay.” 12. The fourth paragraph of Article XII Section 7 will be amended to: “The additional A pay added to the holiday pay is in lieu of the former provision in Article XIII, Section 3, which D provided that if a holiday occurred while an employee is on vacation he/she could add one additional day to the vacation period. Pay for such days shall be based upon the 2000 multiple R formula. Such additional holiday pay will apply only to those firefighters and firefighter paramedic trainees who work on the above basis at least eleven (11) months of the year. For firefighters working less than eleven (11) months and firefighter paramedic trainees working less than eleven (11) months, the additional days pay shall be reduced by one day for each whole month that such firefighter or firefighter paramedic trainee did not work in a platoon on a shift basis with a regular tour of duty requiring him to work on holidays and weekends.” 3  13. Article XII Section 8 A. will be amended to: “The Fire Chief shall prepare and maintain a list of all firefighters and firefighter paramedic trainees who are veterans as that term is defined in the above statute.” 14. Article XV Seniority Section A. will be amended to: “Seniority shall be determined by the employee’s length of service as a Firefighter and/or Firefighter Paramedic Trainee in the Department….” 15. Article XVI Section 1 will be amended to: “The Department shall post on bulletin boards located at all fire stations announcements of all courses to be given which are either compulsory for a segment of the staff, are prerequisites to promotion or improved assignment, or FT may be optional for the purpose of improving the professional standing of Firefighters and Firefighter Paramedic Trainees in the Department….” 16. Article XVI Section 2 will be amended to: “The City shall arrange all compulsory A courses and training programs in such a manner so that any Firefighter and Firefighter Paramedic D Trainee required to complete such course or participate in such training program shall be able to do so during his/her regularly scheduled tour of duty, if possible, or shall be compensated R accordingly.” 17. Article XVI Section 3 will be amended to: “Any employee attending an optional educational course related to the furtherance of his/her proficiency as a Firefighter or Firefighter Paramedic Trainee with department approval, shall upon successful completion thereof, and presentation of the evidence of such completion, be reimbursed by the City for 50% of the cost of tuition and other expenses advanced by him in the taking of such course.” 18. Article XVI Section 5 will be amended to: “Whenever a special course is announced by an educational institution which will result in the improvement of the professional 4 capacity of a Firefighter or Firefighter Paramedic Trainee, the City will arrange to permit as many of the personnel as are interested in attending such course when not on duty and are eligible to do so, keeping in mind the criteria that if only a limited number can attend, seniority shall be the primary requirement for eligibility insofar as the City is concerned.” 19. Article XIX Section 1 will be amended to: “Since all Firefighters and Firefighter Paramedic Trainees are presumed to be subject to duty twenty-four (24) hours per day, seven (7) days per week, any action taken by a member of the Department on his/her time off, which would have been appropriate if taken by a Firefighter or Firefighter Paramedic Trainee, respectively, on active duty if present or available, shall be considered official action, and the FT Firefighter or Firefighter Paramedic Trainee shall have all of the rights and benefits concerning such action as if he/she were then on active duty.” 20. Article XIX Section 6 Paragraph A will be amended to: “It is recognized by the A City that the job of a Firefighter and Firefighter Paramedic Trainee is exceptionally hazardous. D To reduce the danger as far as possible, the City will provide each Firefighter and Firefighter Paramedic Trainee with modern safety equipment and accessories including but not limited to R safety glasses, masks, radiation uniforms, helmets gloves and any and all protective gear. The City will also provide all equipment for the use of the Firefighter and Firefighter Paramedic Trainee necessary to the efficient and safe performance of their duties.” 21. A new Section 21, entitled “Firefighter Paramedic Trainee (FPT),” will be added to the 2019-24 Agreement. Section 21 will state as follows: In the event of a disagreement between the terms of this Section and other sections of the 2019-24 Agreement, the terms of this Section 21 shall apply. The Firefighter Paramedic Trainee candidate qualifications, salary, training and certification requirements, job assignments, assignment of preceptors and related terms and conditions are set forth on Exhibit 1, attached hereto and made a part hereof. 5  The FPT will be dismissed from the SFD if the trainee is unsuccessful in obtaining his/her Pro Board Firefighter I Certification or NYS AEMT Paramedic Certification, is unsuccessful in becoming an on-line REMO Paramedic, or fails to successfully complete the probationary period. . It is understood that all newly appointed FPTs serve a civil service mandated probationary period and the laws and rules governing termination during this period apply. In the event the FPT leaves the employment of the City of Schenectady or is terminated before having worked sixty (60) months as a FPT and/or Firefighter with the City of Schenectady, the FPT will be responsible to reimburse the City of Schenectady for training costs associated with the Fire Academy, including the cost of paramedic training and college course work (training expenses do not include any time spent by FPT performing services for the City), and personal protective FT equipment the FPT has received. The FPT will be obligated to execute a Confession of Judgment, to secure from the FPT a commitment to pay training expenses and the tuition expenditures; the execution and the amount to be determined at the time of separation and reimbursed as follows: Years of Service Following Approved Training Amount of Reimbursement A 0 – 1 Year 1 – 2 Years 100% of Agreed Amount 75% of Agreed Amount DR 2 – 3 Years 3 – 4 Years 4- 5 Years 50% of Agreed Amount 25% of Agreed Amount 10% of Agreed Amount In addition, in the event that the FPT voluntarily separates from the employment of the City of Schenectady or is terminated for cause before having worked sixty (60) months as a FPT and/or Firefighter with the City of Schenectady, it will result in an unsatisfactory performance termination from the Department. The parties will prepare a new comprehensive document incorporating these changes into the successor collective bargaining agreement. 6 Dated: CITY OF SCHENECTADY By: Gary McCarthy, Mayor Dated: SCHENECTADY CITY FIRE FIGHTER’S UNION LOCAL 28 IAFF, AFL-CIO By: Benjamin Yauchler, President FT A DR 7  EXHIBIT 1 Schenectady Fire Department (SFD) Firefighter Paramedic Trainee (FPT) Salary: 2023 $48,104 Minimum Qualifications: To Take the Exam: • 18 years of age • High School diploma or equivalent To Sit for An Interview: • 19 years of age • Possess a current and valid NYS EMT Certification FT • Possess a current and valid NYS driver’s license and must maintain a valid NYS driver’s license throughout the duration of their career. • Pass the Candidate Physical Abilities Test (CPAT) • Undergo a State and National criminal history background investigation, which will include a fingerprint check. To Be Appointed: A • FPT to be cleared by the SFD’s physician. • FPT to be cleared by the SFD’s psychologist. D Requirements of Continued Employment: R • Pro Board Firefighter I Certification • NYS Advanced Emergency Medical Technician (AEMT) – Paramedic Certification – must maintain the certification throughout the duration of career. • FPT’s seniority will be based on FPT’s hiring date. Details of the Firefighter Paramedic Trainee (FPT) Program: • After the candidate is hired, they will attend a NYS approved Fire Academy. At the completion of training at the Academy, the FPT will then be enrolled in and will attend an approved NYS AEMT Paramedic class. The FPT will attend all scheduled classes and clinical times as assigned. At the successful completion of the Fire Academy and Paramedic Training, the candidate must have at least 60 college credits. • Unless mutually agreed upon by the Chief and the President of Local 28, FPTs will be hired in groups of up to 4 and will be assigned evenly to each platoon. By changing the “Table of Organization”, the Administration will create two (2) FPT positions for each platoon. When assigning the FPT on the roster, the platoon commander will do everything possible to honor the seniority of every member of 8  their platoon, understanding that there will be occasions when that will not be possible. • When school is out of session (Holiday breaks) the FPT will report to the Training Division. (Not to the platoon) • SFD will be FPT’s primary agency. All internship requirements (hours, calls, etc.) will be accomplished while riding at the SFD. The FPT will work with an officer and a paramedic, both filling the position as a preceptor. The officer and paramedic will be responsible for all duties related to an internship program. The department will compensate both the officer and paramedic with “Preceptor’s” pay which is an amount equal to “Out of Grade” pay. Request for Preceptors’ pay will be submitted to the Administration office at the end of each month on an appropriate form created by the Administration. In the event the FPT’s preceptors, either the officer or the paramedic is off, the personnel covering the open preceptor’s position, will be responsible for all preceptors’ duties and will receive the “Preceptors” compensation. Open Preceptors positions will be placed on a bid • FT sheet for all SFD members to apply for. All bids will be awarded by seniority. The Chief, working with the EMS Captain and the President of Local 28 will work together to resolve any issue that arise concerning the preceptor’s assignment. In the event that an apparatus run assignments need to be altered in order to provide the FPT with their internship requirements, the EMS Captain and the • A riding Deputy Chief will work together to resolve the issue. During the FPT’s paramedic and REMO internships, the FPT will be assigned to a paramedic apparatus as an extra position, not counting towards the department’s D minimum staffing. In the event the FPT fails the NYS EMTP exam and is awaiting a retest, the FPT will report to their assigned platoon. The FPT will be R assigned a riding position that they are qualified for and as the roster dictates. • The FPT is not eligible for step increases until the completion of their REMO internship. When the FPT completes the REMO internship, they will be elevated to the appropriate pay step based on the amount of time they have with the department. The FPT will then follow the pay step progression as it is outlined in the CBA. • The FPT will not be eligible for the Paramedic Bonus or the 18-hour Continual Medical Education (CME) overtime until one year after becoming an approved on-line REMO Paramedic. • When the FPT has met all the requirements of employment; successful completion of the Fire Academy, Paramedic School, becoming a REMO on-line paramedic, acquiring at least 60 college credits and successfully completing the departments probational period, the FPT will be moved to the Firefighters position. 9  D R 10 A FT  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing an Amendment to the Collective Bargaining Agreement (2019-2024) between the City of Schenectady and Firefighters Local 28 IAFF, AFL CIO Related to the Drug and Alcohol Policy and Testing Plan WHEREAS, the City Council previously authorized a collective bargaining agreement between the City of Schenectady and Firefighters Local 28 IAFF, AFL-CIO (“Local 28”) for the period January FT 1, 2019 through December 31, 2024 (2019-2024 CBA); and WHEREAS, the parties further negotiated the “Drug and Alcohol Policy and Testing Plan” as contained in Appendix K-1 of the 2019-2024 CBA; and WHEREAS, the parties have tentatively agreed upon an amended “Drug and Alcohol Policy and A Testing Plan,” which is attached hereto and made a part hereof; and Plan”: WHEREAS, the Local 28 has ratified the amended “Drug and Alcohol Policy and Testing D NOW, THEREFORE BE IT, R RESOLVED, that the City Council approves the amendment to the 2019-2024 CBA, as memorialized in the attached amended “Drug and Alcohol Policy and Testing Plan,” which is incorporated herein, and authorizes the Mayor to execute the 2019-2024 CBA as amended on behalf of the City. Approved as to form this 27th day of November, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel  APPENDIX “K-1” Drug and Alcohol Policy and Testing Plan SECTION 1 - PURPOSE: The purpose of the Drug and Alcohol Policy and Testing Plan is to ensure: A. A work environment where not only the citizens of the City of Schenectady, but the Schenectady Fire Department (“Department”) personnel, are free from the risk of personnel who may be under the influence of but not limited to alcohol, marijuana, or any other intoxicating substances, legal or otherwise, while on duty; B. The capability of all Department personnel to perform their assigned duties at all FT times without being under the influence of alcohol or drugs; C. That members of the Department share in the responsibility and understanding that members of the Department, who may be or are under the influence of alcohol when reporting to A duty or on duty, or using illegal drugs at any time, are a detriment to themselves, other members D of the Department and to the citizens we are sworn to protect. It is the obligation of all members to insure the safety of all concerned by reporting such conduct; R D. The understanding of the Department personnel of the availability of the Employee Assistance Program in which, under confidentiality, they may request assistance and/or rehabilitation for alcohol and drug use; E. That Department personnel are cognizant of the ramifications of being under the influence of alcohol when reporting for duty or while on duty, and the use of illegal drugs at any time. 1 SECTION 2 - DEFINITIONS: A. Covered Employees: All employees of the Department. B. Medical Review Officer (MRO): A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer’s drug testing program who has knowledge of the substance abuse disorders and has appropriate medical training to interpret and evaluate an individual’s confirmed positive test result, together with their medical history and any other biomedical information. C. Substance Abuse Professional (SAP): A licensed physician (medical doctor or doctor of osteopathy), or a licensed or certified psychologist, social worker, employee assistance FT professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders. A D. Designated Employer Representative (DER): An employer or individual(s) identified by D the employer as able to receive communications and test results directly from medical review officers, BATs, screening test technicians, collectors, and substance abuse professionals, and R who is authorized to take immediate actions to remove employees from safety-sensitive duties and to make required decisions in the testing and evaluation process. E. Adulterated Specimen: A urine specimen into which the employee has introduced a foreign substance. F. Dilute Specimen: A urine specimen whose creatinine and specific gravity values are diminished by the employee through the introduction of fluid (usually water) into the specimen either directly or through excessive consumption of fluids. G. Substituted Specimen: A specimen that has been submitted by the employee in place of his/her own urine. 2 H. Blood Alcohol Concentration (BAC): The alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test. I. Evidential Breath Testing Device (EBT): An EBT approved by the National Highway Traffic Safety Administration (NHTA) for the evidential testing of breath and placed on NHTA’s “Conforming Products List of Evidential Breath Measurement Devices” (CPL). J. Breath Alcohol Technician (BAT): An individual who instructs and assists individuals in the Alcohol testing process and operates an EBT. K. Substance Abuse and Mental Health Services (SAMHS): Formerly National Institute of Drug Abuse. FT L. Department of Health and Human Service (DHHS): SECTION 3 - EMPLOYEE ASSISTANCE PROGRAM (EAP) A. Personnel of the Department have the availability of the Employee Assistance A Program to seek assistance and/or rehabilitation in coping with problems of alcohol or drug D dependency and/or abuse. B. Personnel seeking assistance shall notify either the coordinator of the Employee R Assistance Program or contact the designated EAP agency. Contacts to these programs are under strict confidentiality. C. Personnel may also be referred by another member of this Department. Any such referral shall maintain confidentiality for the affected member. D. The Department will grant a maximum total of two (2) sick leave periods during the member’s career, as prescribed by the EAP Coordinator, a licensed counselor, and/or SAP for a member to receive treatment for alcohol and/or drug dependency. A sick leave period will not be granted within twelve (12) months of a previous sick leave period granted to receive treatment for alcohol and/or drug dependency. 3  E. Entry and participation in such treatment and rehabilitation must occur prior to the employee’s selection for random drug testing or selection for reasonable suspicion or post- incident testing. SECTION 4 - PROHIBITIONS A. Alcohol Prohibitions Employees must not: • Report for duty or remain on duty while having a Blood Alcohol Concentration (BAC) of 0.02% or higher; • Possess alcohol while on duty, use, or be under the influence of alcohol; FT • Refuse to submit to a required alcohol test; • Refuse to submit to any test administered for the purpose of determining BAC. B. Controlled Substance Prohibitions Employees must not: A DR • Report for duty or remain on duty when the employee uses any controlled substance, except when the use is pursuant to the instructions of a physician who had advised the employee that the substance does not adversely affect the employee’s ability to perform his or her job duties; • Refuse to submit to any test administered for the purpose of determining controlled substance use; • Adulterate, substitute or dilute any required specimen. SECTION 5 - TESTING A. Pre-Employment Conducted before applicants are hired. B. Random Conducted on a random unannounced basis. 4  • Tests must be unannounced and spread through the calendar year. Random selection could result in an employee being selected for testing more than once in a calendar year. Absent a scientifically accurate test measuring current impairment from marijuana metabolite that is accepted by the New York State Department of Health or the courts within the jurisdiction of the City of Schenectady, marijuana metabolite will not be screened in random drug testing C. Reasonable Suspicion Conducted when an employee’s behavior or appearance is observed and that behavior or appearance is characteristic of being under the influence of alcohol, marijuana, or a controlled substance. The City will require that two (2) trained supervisors or Departmental officials verify and document the behavior. D. Post Accident FT Conducted following every motor vehicle accident, when an employee’s behavior or appearance is observed, and that behavior is characteristic of alcohol misuse, marijuana misuse, or the influence of controlled substances. The City will require that two (2) trained supervisors, A departmental officials, or law enforcement verify and document the behavior. Should an D employee require medical attention then that shall take precedence over the testing. However, alcohol testing must occur within two (2) hours after the accident. Drug testing must occur R within thirty-two (32) hours after the accident. If unable to test as required above, documentation as to why testing wasn’t done must be provided. This provision does not impair, prevent, or otherwise preclude a law enforcement officer from investigating a motor vehicle accident and seeking drug testing through any lawful means. E. Return to Duty Conducted prior to a return to duty after an individual who has engaged in prohibited conduct regarding drug use and/or alcohol misuse; the employee shall undergo a “Return to Duty” drug test and/or alcohol test with a verified negative result, after completion of any recommended treatment program or action. 5 F. Follow-Up Following a positive test and subsequent to return to work, unannounced follow-up alcohol and/or drug testing will be required. A minimum of six (6) follow-up drug and/or alcohol tests will be administered in the first twelve (12) months. An employee may be subject to follow- up testing for up to sixty (60) months after return to duty upon the recommendation made by the Substance Abuse Professional. SECTION 6 - TESTING PROTOCOL A. Testing for drugs will be conducted by urinalysis. A breath alcohol technician (BAT) using an approved breath-testing device will conduct testing for alcohol. In a post-accident FT testing mode, a blood test for alcohol may be administered if a breath test is impractical. If the employee tests positive, the MRO will provide the employee with a copy of the test results. B. A qualified provider will conduct all drug and alcohol collections. A C. Drug Testing: Drug testing will be conducted by analyzing an employee’s urine D specimen. The analysis will be performed at laboratories certified and monitored by SAMHSA and DHHS. The employee will provide a urine specimen in a location that affords privacy; and R the “collector” will seal and label the specimen, complete a custody and control form (CCF) and prepare the specimen and accompanying paperwork for shipment to a drug testing laboratory in the presence of the employee. The specimen collection procedures and chain of custody will ensure that the specimen’s security, proper identification and integrity are not compromised. Drug testing will include split specimen procedures. Each urine specimen will be subdivided into two (2) bottles labeled as a “primary” and a “split” specimen. Both bottles will be sent to a laboratory. If the analysis of the primary specimen confirms the presence of illegal or controlled substances, the employee has 72 hours to request the split specimen be sent to another SAMHSA/DHHS certified laboratory for analysis at the employee’s expense. If the split 6 specimen proves to be negative, the City will pay the expense. This split specimen procedure essentially provides the employee with an opportunity for a “second opinion.” D. The Medical Review Officer (MRO) is responsible for: (i) The Notification Procedure (a) Upon a positive test result, the MRO must contact the employee directly on a confidential basis and determine whether the employee wants to discuss the test result. In making the contact the MRO must explain to the employee that if he/she declines to discuss the test result the MRO will verify a positive result. (b) The MRO must attempt to reach the employee using the day and/or evening phone numbers provided on the custody and control form (CCF), over a period of at least 24 hours using reasonable efforts. times. (c) (d) FT Documenting the attempts to contact the employee with dates and Contacting the Designated Employer Representative (DER). SECTION 7 - TESTING STANDARDS A Concentrations of a drug at or above the following levels shall be considered a positive D test result when using the initial drug-screening test: R Marijuana Metabolite Cocaine Metabolite Initial Test Level (ng/ml) 100 or 50* 300 Opiate Metabolite 300** Phencyclidine 25 Amphetamines 1000 * = Dependent upon laboratory set-up ** = 15 ng/mi if immunoassay specific for free morphine Barbiturates 300 mg/ml Benzodiazepines 100 mg/ml Methadone 300 mg/ml Propoxyphene 300 mg/ml Fentanyl 300 mg/ml 7  Concentration of drug at or above the following levels shall be considered a positive test result when performing a confirmatory GM/MS test on a urine specimen that tested positive using a technologically different initial screening method: Confirmatory Test Level (ng/ml) Marijuana Metabolite 15(1) Cocaine Metabolite 150(2) Opiates: Morphine 300 Codeine 300 Phencyclidine 25 Barbiturates 300 mg/ml Benzodiazepines Methadone Propoxyphene Fentanyl Amphetamines: FT 100 mg/ml 300 mg/ml 300 mg/ml 300 mg/ml 1) 2) Amphetamine A Delta-9-tetrahydrocannabino-9-carboxylic acid Benzoylecgonine 500 D SECTION 8 - ALCOHOL TESTING R Confirming alcohol tests will be conducted using evidential breath testing (EBT) devices approved by the National Highway Traffic Safety Administration (NHTSA). Preliminary screening tests may be conducted by using approved instruments for administering field sobriety tests to licensed motor vehicle operators. Two breath tests (in addition to a preliminary screening test, if used) are required to determine if a person has a prohibited alcohol concentration. A screening test is conducted first. A test result indicating less than 0.02% alcohol concentration is considered a “negative” test. If the alcohol concentration is 0.02% or greater, a confirmation test must be conducted (not less than 10 minutes or more than 20 minutes after the first screening test). The employee and the breath alcohol technician (BAT) must complete the alcohol testing form to ensure that the results 8 are properly recorded. The confirmation test, if required, must be conducted using an EBT that prints out the results, date and time, a sequential test number and the name and serial number of the EBT to ensure the reliability of the results. SECTION 9 - TESTING PROCEDURES A. Random Drug Testing Employees will be tested at a designated testing facility. Upon receipt of a positive test result from the Medical Review Officer (MRO), the employee will be transported home and remain there until a recommendation is made by the Substance Abuse Professional (SAP). Before returning to work the employee must successfully complete the recommended course of FT treatment. Upon successful completion of this treatment the employee must submit to a “Return to Duty” test with a verified negative result. Absent a scientifically accurate test measuring current impairment from marijuana A metabolite that is accepted by the New York State Department of Health or the courts within the D jurisdiction of the City of Schenectady, marijuana metabolite will not be screened in random drug testing R B. Random Alcohol Testing Employees will be tested at a designated testing facility. Upon receipt of a negative test result (under 0.02%), the employee will return to work. Upon receipt of a positive test result from the Breath Alcohol Technician (BAT), the employee will be transported home and will not return to work until a recommendation is made by the Substance Abuse Professional (SAP). Before returning to work the employee must successfully complete the recommended course of treatment. Upon successful completion of this treatment, the employee must submit to a “Return to Duty” test with a verified negative result. 12. Reasonable Suspicion 9  The Reasonable Suspicion Procedure and form (Attachment “A”) is incorporated by reference. If the test result is positive, the form will be included in the employee’s personnel file. If the test result is negative, the form will be discarded. Upon request, a covered employee may obtain copies of any records pertaining to the covered employee’s use of alcohol or controlled substances, including any records pertaining to his/her alcohol or controlled substance tests. 12. Reasonable Suspicion Drug Testing Employee must be transported to the testing facility. Upon completion of the testing the employee will be transported home until the results are received by the (DER). The employee will be sent home to await the results of the test only on a reasonable suspicion test. The FT employee will return to work immediately after a random test. Upon receipt of a negative test result the employee will return to work without suffering a loss of wages or benefits. Upon receipt of a positive test result from the Medical Review Officer (MRO), the A employee will be evaluated by the Substance Abuse Professional (SAP) and a recommendation D will be made. Before returning to work the employee must successfully complete the recommended course of treatment. Upon successful completion of this treatment, the employee R must submit a “Return to Duty” test with a verified negative result. E. Reasonable Suspicion Alcohol Testing The City will be responsible for transporting the employee to the collection facility and to the employee’s home, if necessary. Upon receipt of a negative test result, the employee will return to work without suffering a loss of wages or benefits. Upon receipt of a positive test result from the Breath Alcohol Technician (BAT), the employee will be transported home without pay and is not eligible to return to work until evaluated by the Substance Abuse Professional (SAP) and a recommendation is made. Before returning to work the employee must successfully complete the recommended course of 10 treatment. Upon successful completion of this treatment, the employee must submit to a “Return to Duty” test with a verified negative result. The “Reasonable Suspicion Form” (Attachment “J-2”), if the test result is positive, will be included in the employee’s personnel file. If the test result is negative the form will be discarded. Upon written request, a covered employee may obtain copies of any records pertaining to the covered employee’s use of alcohol or controlled substances, including any records pertaining to his/her alcohol or controlled substance tests. F. Post Accident – Drug Testing The City will be responsible for transporting the employee to and from the collection FT facility. Until the City receives the test results, the employee will not be allowed to perform his or her job duties. Upon receipt of a negative test result, the employee will return to full duties. A Upon receipt of a positive test result from the Medical Review Officer (MRO), the D employee will be transported home without pay and will not return to work until a recommendation is made by the Substance Abuse Professional (SAP). Before returning to work R the employee must successfully complete the recommended course of treatment and must submit to a “Return to Duty” test with a verified negative result. G. Post Accident – Alcohol Testing The City will be responsible for transporting the employee to and from the testing facility and/or home. Upon receipt of a negative test result, the employee returns to work. Upon receipt of a positive test result from the Breath Alcohol Technician (BAT), the employee will be transported home without pay and is not eligible to return to work until evaluated by the Substance Abuse Professional (SAP) and a recommendation is made. Before 11 returning to work, the employee must successfully complete the recommended course of treatment and must submit to a “Return to Duty” test with a verified negative result. H. Follow Up Positive test results require the employee to submit to a minimum of six (6) follow-up tests for drug and/or alcohol use during the first 12 months following the initial positive test result. The Substance Abuse Professional (SAP) may also require follow-up tests up to 60 months after return to duty. 12. Test Results All records are considered confidential and will not be shared with any person or agency FT not part of this procedure. Test results and other confidential information will only be released to the Designated Employer Representative (DER), Medical Review Officer (MRO), and the Substance Abuse Professional (SAP) who evaluates the extent of the problem. However, the A covered employee is entitled to obtain copies of any records concerning his/her use of drugs or D alcohol, including any test records. If a covered employee initiates a grievance, hearing, lawsuit, or other action, the City may release this information to the relevant parties. R J. Test Lists The list will be sent from the testing facility to the Director of Human Resources (or comparable Non Department Position). Upon arrival the Director will log the names in and sign and date the list. The list is active for 22 calendar days from the date on the notice received from the testing facility. At 0800 on the twenty-third day the list expires and the Director will state in writing if a member of the list was tested or give an explanation why a member of that list was not. SECTION 10 – CONSEQUENCES FOR REFUSAL OF A TEST 12  All covered employees must submit to drug and alcohol testing. Refusal to submit to testing is prohibited. The consequences for a refusal are therefore the same as if the person had submitted to testing and had a positive test result. The following actions may also constitute a refusal: (12)Failure to show up for any test within a reasonable time after being directed to do so by the employer. (b) Refusal to sign the certification provided by the Technicians. (c) Deliberate failure or refusal to provide adequate breath or urine sample. If the employee is unable to provide an adequate breath or urine sample, the City shall direct the employee to obtain an evaluation from a licensed physician, acceptable to the City, as soon as it is practical to determine the employee’s medical ability to provide an adequate FT breath and/or urine sample. If the physician determines that a medical condition did (or could have) prevent the employee from providing an adequate sample the failure shall not constitute a refusal. However, if the physician is unable to make such a determination, the employee’s failure shall constitute a refusal. (d) Engaging in conduct that clearly obstructs the testing process, e.g., adulteration or dilution of specimen. A (e) Claiming illness after notification of testing. D SECTION 11 – ALCOHOL TEST CONSEQUENCES R A. A test measurement of less than or equal to .019 alcohol concentration will allow the employee to return to work. B. A test measurement of 0.020 to 0.049 alcohol concentration will cause the employee to be suspended without pay for that tour. The employee will be allowed to return to work at the next assigned tour when that employee is tested immediately prior to returning to work and the results of such testing indicate the employee has a 0.00 concentration. Any employee who tests positive twice within these parameters (0.020 to 0.049) during a twenty-four (24) month period shall be immediately suspended without pay for thirty (30) calendar days). C. A test measurement of 0.0501 or greater will cause the employee to be suspended immediately without pay for thirty (30) calendar days. Any additional disciplinary measure will 13 be subject to standing grievance and arbitration procedures outlined by the Collective Bargaining Agreement or Section 75 of the Civil Service Law. Prior to returning to work, an employee must receive a certification from a Substance Abuse Professional (SAP) that the employee is able to perform their full duties. Suspension without pay will continue until such certification is received. While out for thirty (30) days suspension, need to obtain certification from a Substance Abuse Professional (SAP) that employee is fit for duty. Any member who tests positive twice with these parameters (0.051 or greater) during a twenty-four (24) month period shall be terminated. D. Any employee who refuses and alcohol test shall be treated as testing positive with an alcohol content of 0.051. FT E. During their probationary period, any employee who tests positive with an alcohol content of 0.020 or greater shall be suspended without pay for thirty (30) calendar days. If an A employee is unable to work after the suspension period due to treatment prescribed by a certified D alcohol counselor (who determined he/she had an alcoholic illness), that member may be eligible for paid sick leave following the conditions of sick leave procedures as outlined in the Collective R Bargaining Agreement. F. Following completion of the suspension period, the employee must pass an alcohol test (0.00) prior to having the suspension without pay lifted and returning to work. Any member who tests positive with an alcohol content of 0.020 or greater shall be subject to random alcohol tests for the next twenty-four (24) months while on duty at the discretion of the Chief or his designee. SECTION 12 – DRUG TEST CONSEQUENCES A positive drug test for a prohibited substance, which is not subject to a medical exception as defined herein will result in immediate suspension without pay for sixty (60) 14 calendar days. The employer may take additional disciplinary action depending upon the circumstances. A second positive drug test at any time during an employee’s tenure with the Department shall result in immediate and automatic termination. Absent a scientifically accurate test measuring current impairment from marijuana metabolite, no positive test for marijuana metabolite resulting from a random test will be used in any discipline proceedings. FT A DR 15  ATTACHMENT “A” A. If an employee while on duty exhibits a physical condition, conduct or pattern of erratic behavior which indicates that the employee is under the influence of an intoxicating substance, and the employee’s supervisor has reasonable cause to believe, based on direct observation of use or based on observation of the employee’s conduct, performance or behavior which indicates that the employee is under the influence of an intoxicating substance, or if the supervisor is provided with information from a reliable and credible source which is independently corroborated that the employee is engaging in use of or is under the influence of intoxicating substances while on duty or that the employee is engaging in illegal use, possession, FT distribution or sale of a controlled substance or drug on duty, the supervisor shall make an oral report to the Chief (or his designee). B. The Chief (or his designee) shall decide whether there is reason to investigate for A purposes of ascertaining if available facts objectively indicate reasonable suspicion exists to D pursue the inquiry, which may include meeting with the employee for purposes of providing the employee an opportunity to explain the conduct, performance or behavior. In the event such a R meeting is going to be held, the Union President shall be advised and granted the opportunity to confer with the employee (and counsel if desired) prior to any meeting with or questioning by the Chief (or his designee), but in no event shall the meeting be delayed for more than one (1) hour to accommodate the Union representation. The employee may then request that the Union representative and/or legal counsel attend the meeting. The investigation of the employee’s behavior shall be confidential with due consideration for the dignity and privacy of the employee. C. If the Chief (or his designee) decides that the employee should be referred for drug or alcohol testing, the following procedure shall be followed. The Chief (or his designee) shall 16 complete the “reasonable suspicion” checklist form, sign it and, where reasonable and practicable, obtain the countersignature of an attorney from the City’s Law Department, which signatures shall attest to the objective bases to support a reasonable suspicion that the employee is under the influence of alcohol or drugs. The “reasonable suspicion” checklist which shall be used is attached hereto as Attachment “B” and made a part hereof. In the event that the Chief (or his designee) and attorney from the Law Department believe there is a reasonable suspicion and have signed the reasonable suspicion checklist indicating their belief that the employee is under the influence of alcohol or drugs, the President of the Union (or his designee) shall be contacted and advised immediately. The Union (and counsel if desired) shall be given the opportunity to FT be present and consult privately with the member who may thereafter be ordered to submit to a drug and/or alcohol test and at the same time the employee and the Union shall be given a brief verbal statement of the basis for reasonable suspicion and a copy of the signed reasonable A suspicion checklist. Refusal to submit to the test shall be deemed a positive test. Refusal to D cooperate during the testing procedure shall constitute grounds for disciplinary action. D. The employee shall have the right to have a Union representative present for R collection of the sample. In no event shall collection be delayed for more than one hour to accommodate the presence of a Union official. 17  ATTACHMENT “B” Reasonable Cause Drug and Alcohol Checklist SECTION ONE (To be completed by Chief or his designee) Name of Employee: Rank: Nature of incident/cause of suspicion: Behavioral indications noted, if any: Physical signs or symptoms noted, if any: FT Witness, corroboration, etc.: A D Has the employee taken any medication(s) in the past four weeks? R If yes, list medication(s), quantity, and last date taken: Signature of Chief or designee: Date: SECTION TWO (To be completed by Corporation Counsel’s office when reasonable and practicable) Attorney contacted: Attorney’s determination (test or do not test): Attorney’s signature: Date: 1  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION No. Councilmember offered the following: A Resolution Authorizing the Reimbursement of Expenses by the Rose Garden Restoration Committee WHEREAS, the award-winning Rose Garden in Schenectady’s Central Park is a treasured attraction enjoyed by residents and visitors alike; and WHEREAS, the Restoration Committee submitted a reimbursement request, based on certain proof of expenses incurred by the Committee in order to maintain the Rose Garden in 2023, in the amount of $3,635.37; and FT WHEREAS, in 2023, the City received $3,670.00 in revenue from permits and event fees charged to the public for use of the Rose Garden: NOW, THEREFORE BE IT, A RESOLVED, that the Mayor, Gary R. McCarthy, and City Council do hereby authorize the Commissioner of Finance to reimburse the Rose Garden Restoration Committee in an amount not to exceed $3,635.37. D Approved as to form this 27th day of November, 2023. R ____________________________ Andrew B. Koldin, Esq. Corporation Counsel  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Sale of 1908 Avenue B for $107,000.00 WHEREAS, it is in the best interest of the City of Schenectady to sell parcel numbered SBL # 39.36-4-18.1; and WHEREAS, there is no municipal use for the property: NOW, THEREFORE BE IT, FT RESOLVED, that the City Council authorizes the Mayor to enter into a contract to transfer the title of parcel numbered SBL # 39.36-4-18.1 to Darvin Brea and Darlene Then and/or assign for the sum of One Hundred Seven Thousand Dollars $107,000.00); and be it further A RESOLVED, that the terms of the contract for sale shall include a clause stating that the sale is subject to applicable approvals from the Zoning Board of Appeals and/or the Planning Commission prior to the transfer of title to allow the parcel to be used as a two-family residential structure, as well as any other terms deemed necessary by the Corporation Counsel. DR Approved as to form this 27th day of November, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Sale of a Vacant Lot on Avenue B for $2,000.00 WHEREAS, it is in the best interest of the City of Schenectady to sell parcel numbered SBL # 39.36-4-18.2; and WHEREAS, there is no municipal use for the property: NOW, THEREFORE BE IT, FT RESOLVED, that the City Council authorizes the Mayor to enter into a contract to transfer the title of parcel numbered SBL # 39.36-4-18.2 to Darvin Brea and Darlene Then and/or assign for the sum of Two Thousand Dollars ($2,000.00); and be it further A RESOLVED, that the terms of the contract for sale shall include a clause requiring the vacant lot be consolidated with adjoining property, as well as any other terms deemed necessary by the Corporation Counsel. D Approved as to form this R 27th day of November, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Sale of a Vacant Lot at 929 Cutler Street for $1,500.00 WHEREAS, it is in the best interest of the City of Schenectady to sell parcel numbered SBL # 49.54-1-21; and WHEREAS, there is no municipal use for the property: NOW, THEREFORE BE IT, FT RESOLVED, that the City Council authorizes the Mayor to enter into a contract to transfer the title of parcel numbered SBL # 49.54-1-21 to Moolchand Sooknanan and Vandana Sooknanan and/or assign for the sum of One Thousand Five Dollars ($1,500.00); and be it further A RESOLVED, that the terms of the contract for sale shall include a clause requiring the vacant lot be consolidated with adjoining property, as well as any other terms deemed necessary by the Corporation Counsel. D Approved as to form this R 27th day of November, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Authorizing the Sale of 1419 Broadway for $10,000.00 WHEREAS, it is in the best interest of the City of Schenectady to sell parcel numbered SBL # 49.37-1-4.21; and WHEREAS, there is no municipal use for the property: NOW, THEREFORE BE IT, FT RESOLVED, that the City Council authorizes the Mayor to enter into a contract to transfer the title of parcel numbered SBL # 49.37-1-4.21 to Capital Hauling LLC and/or assign for the sum of Ten Thousand Dollars $10,000.00); and be it further A RESOLVED, that the terms of the contract for sale shall include a clause stating that the sale is subject to applicable approvals from the Zoning Board of Appeals and/or the Planning Commission prior to the transfer of title to allow the parcel to be used as an auto repair facility, as well as any other terms deemed necessary by the Corporation Counsel. DR Approved as to form this 27th day of November, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Recognizing Army Veteran Private Raymond C. Zanta WHEREAS, Raymond C. Zanta, a native of Pittston, Pennsylvania, was born on March 15, 1925, as one of six children born to Angelo and Philomina Zanta; and FT WHEREAS, after attending Pittston High School, Mr. Zanta entered military service on September 16, 1943, while the United States was engaged in World War II; and WHEREAS, through his service in the U.S. Army, Private Zanta was awarded the European- African-Middle Eastern Service Medal, the World War II Victory Medal, and the Good Conduct Medal; and A WHEREAS, following his discharge from service, Raymond settled in the City of Schenectady D with his wife Isabelle, and operated Ray’s Barber Shop, where he was affectionately known as “Ray the R Barber,” on Chrisler Avenue in Mont Pleasant for 64 years until 2013, when he retired in his late 80s; and WHEREAS, through the years, Raymond became involved in and was a member of VFW Post 357, the Knights of Columbus, the Sons of Italy, American Legion Post 1001, BPOE Elks, the Crane Street Merchants Association, and Our Lady of Mount Carmel Church; and WHEREAS, Raymond and Isabelle had two children, Raymond A. and Susan, of whom they were very proud; and WHEREAS, Mr. Zanta became a strong advocate for crime victims through his activity in Parents of Murdered Children, after his and his wife’s daughter Susan was raped and murdered in 1974; and  WHEREAS, after Susan’s death, Raymond and Isabelle became fixtures at vigils and other events held by Parents of Murdered Children, and Isabelle was at one time the group’s co-chair; and WHEREAS, Mr. Zanta also served as a member of the Schenectady County Board of Representatives, the predecessor of the Schenectady County Legislature, from 1986 to 1992, where he supported the establishment of the sex crimes unit in the District Attorney’s Office and was a member of the Schenectady County Human Rights Commission; and WHEREAS, in his leisure, Raymond enjoyed music and dancing, helping fellow members of the Schenectady community, working on projects around the house, and following the New York Yankees; and WHEREAS, Private Raymond Zanta passed away on November 6, 2019. However, Ray the Barber’s impact can still be felt in the Schenectady community, through his advocacy and dedication in FT civic organizations, his efforts in County government, and his work as a community institution at his barbershop: NOW, THEREFORE BE IT, A RESOLVED, that the Schenectady City Council and Mayor Gary R. McCarthy do hereby acknowledge that the liberty that we enjoy comes at a price paid by valiant men and women. We offer D this resolution with respect and gratitude, to honor the memory of Private Raymond Zanta, recognizing the ultimate sacrifice made by him and his family, and to say thank you for our freedom, Thank You for R Your Service. Approved as to form this 27th day of November, 2023. ____________________________ Andrew B. Koldin, Esq. Corporation Counsel  CITY COUNCIL SCHENECTADY, NEW YORK RESOLUTION NO. Councilmember offered the following: A Resolution Awarding the Bid and Contract for “2023 HVAC Maintenance and Repairs” to RMB Mechanical, Inc. in the Total Amount of $212,488.00 WHEREAS, the City seeks to have maintenance and repairs performed on heating, ventilation, and air conditioning equipment at City of Schenectady buildings, including City FT Hall, the fire stations, the police station, the municipal golf course, and the bureau of service public works garage; and WHEREAS, the purchasing department solicited bids for the “2023 HVAC Maintenance and Repairs” and a qualified bid was received on November 8, 2023, from RMB Mechanical, Inc. of Schenectady, NY, as follows: Labor rate for Monday to Friday, 8:00 AM to 4:00 PM – 1000 hours at $109.00/hr. A Labor rate for Monday to Friday, 4:00 PM to 8:00 AM – 30 hours at $139.00/hr. Labor rate for Saturday 8:00 AM to 12:00 AM – 1 hour at $139.00/hr. Labor rate for Sundays and holidays – 1 hour at $179.00/hr. D Percent mark-up, not to exceed 10% - 10% R WHEREAS, the total cost of the work as proposed hereinabove is $212,488.00: NOW THEREFORE BE IT, RESOLVED, that this Council, acting as a Board of Contract and Supply under Section C5-9 of the City Charter, authorizes the Mayor or his designee to enter into an agreement with RMB Mechanical, Inc. for “2023 HVAC Maintenance and Repairs” in an amount not to exceed $212,488.00, based upon the rates provided hereinabove, the terms of which shall be set by the Corporation Counsel. Approved as to form this 27th day of November, 2023. __________________________ Andrew B. Koldin, Esq. Corporation Counsel D R A FT D R A FT D R A FT D R A FT D R A FT D R A FT D R A FT D R A FT D R A FT D R A FT D R A FT D R A FT D R A FT