City Council

TROY CITY COUNCIL FINANCE COMMITTEE AGENDA March 17, 2020 6:00 P.M. Pledge of Allegiance Roll Call Presentation of Agenda Public Forum LOCAL LAWS ORDINANCES 22. Ordinance Authorizing And Ratifying The Memorandum Of Agreement By And Between The City Of Troy And The Civil Service Employees Association (Council President Mantello) (At The Request Of The Administration) RESOLUTIONS 34. Resolution Supporting New York State Legislature Bill A.9952/S.7880 To Prohibit The Incineration Of Firefighting Foam Containing Per- And Polyfluoroalkyl Substances (Council Member Steele, Council Member Cummings, Council Member Gulli, Council Member McDermott) 35. Resolution To Proclaim April 2020 As Autism Awareness Month In The City Of Troy, In Conjunction With National Autism Awareness Month And World Autism Awareness Day, April 2, 2020 (Council President Mantello, Council Member Gulli) 36. Resolution Authorizing The City Clerk To Sign Council Requisitions And Payment Vouchers On Emergency Basis (Council President Mantello) 37. Resolution Authorizing The City To Provide City Employees With Fourteen Days Of Compensation For Quarantining Related To The Coronavirus (Council President Mantello) (At The Request Of The Administration) 38. Resolution Authorizing City Employees To Have Time Off Accruals Run A Deficit For The Purpose Of Taking Time Off For Matters Related To The Coronavirus (Council President Mantello) (At The Request Of The Administration)  ORD22 ORDINANCE AUTHORIZING AND RATIFYING THE MEMORANDUM OF AGREEMENT BY AND BETWEEN THE CITY OF TROY AND THE CIVIL SERVICE EMPLOYEES ASSOCIATION ____________________________________________________________________________ The City of Troy, convened in City Council, ordains as follows: Section 1. The City of Troy and CSEA – Troy have successfully negotiated the terms of the “Memorandum of Agreement” dated March 11, 2020 attached hereto as Exhibit “A” and made a part hereof. Section 2. The proposed “Memorandum of Agreement” found in Exhibit “A” herein shall amend the previously executed Collective Bargaining Agreement, valid from January 1, 2018 through December 31, 2020. Section 3. This act shall take effect immediately. Approved as to form, March 19, 2020 _____________________________________________ James A Caruso, Esq., Corporation Counsel ORD22 ORD22  RES34 RESOLUTION SUPPORTING NEW YORK STATE LEGISLATURE BILL A.9952/S.7880 TO PROHIBIT THE INCINERATION OF FIREFIGHTING FOAM CONTAINING PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS) WHEREAS, in February of 2020 documents obtained through a Freedom of Information Act Request demonstrated that the company Tradebe had contracted with the United States Department of Defense to incinerate aqueous film forming foams (AFFF) that contain per- and polyfluoroalkyl substances (PFAS); and WHEREAS, Tradebe sent AFFFs containing PFAS to its Norlite Plant in Cohoes, New York, beginning in 2018; and WHEREAS, The Norlite Plant then burned an unknown amount of AFFFs containing PFAS in its kilns; and WHEREAS, AFFFs containing PFAS are specifically designed to suppress fire and PFAS compounds reflect properties of heat resistance; and WHEREAS, the federal Environmental Protection Agency in its “Technical Brief on Per- and Polyfluoroalkyl Substances (PFAS): Incineration to Manage PFAS Waste Streams” in February of 2020 stated that “PFAS compounds are difficult to break down due to fluorine’s electronegativity and the chemical stability of fluorinated compounds. Incomplete destruction of PFAS compounds can result in the formation of smaller PFAS products, or products of incomplete combustion (PICs), which may not have been researched and thus could be a potential chemical of concern” and concluded that “the effectiveness of incineration to destroy PFAS compounds and the tendency for formation of fluorinated or mixed halogenated organic byproducts is not well understood.”; and WHEREAS, PFAS compounds have been found through scientific research to be persistent, bioaccummulative, toxic, and immunosupressive; and WHEREAS, among other known impacts and risks associated with PFAS exposure, the C8 Science Panel’s series of studies involving over 69,000 people living in areas contaminated by PFAS, found links between PFAS exposure and ulcerative colitis, thyroid disease, high cholesterol, pregnancy induced hypertension, testicular cancer, prostate cancer, and kidney cancer; and WHEREAS more recent studies have also demonstrated that PFAS exposure impacts human fertility, fetal growth, and the development of immune-responses in infants and children; and WHEREAS, Troy is within a close distance to Cohoes and may be impacted by emissions of PFAS at the Norlite Plant due to the prevailing winds; and WHEREAS, the City of Troy, New York is a city that values the health and well-being of all its residents and of those residents of surrounding communities; and  RES34 WHEREAS, the City Council believes there is a need for an urgent and immediate response to ensure the health of Troy’s residents and their neighborhoods moving forward; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TROY does hereby support A.9952/S.7880 to immediately ban the burning and incineration of firefighting foams. Approved as to form, March 19, 2020. __________________________________________ Richard T. Morrissey, Deputy Corporation Counsel  RES35 RESOLUTION TO PROCLAIM APRIL 2020 AS AUTISM AWARENESS MONTH IN THE CITY OF TROY, IN CONJUNCTION WITH NATIONAL AUTISM AWARENESS MONTH, AND WORLD AUTISM AWARENESS DAY, APRIL 2, 2020 WHEREAS, each April for the past five decades, National Autism Awareness Month has elevated awareness and educated the public about autism and issues within the autism community; and Whereas, the City Council continues to be committed to the "Think Differently" initiative to encourage more inclusiveness and accessibility for the developmental disabilities and special needs community; and; WHEREAS, one in 68 children in the United States is affected by autism, Asperger's or Pervasive Developmental Disorder Not Otherwise Specified (PDD-NOS), estimated by the Centers for Disease Control and Prevention (CDC); and WHEREAS, parents tend to overlook the early signs of autism spectrum disorders, assuming their child is just going through a phase or having an off day; and WHEREAS, it is important for parents to differentiate these assumptions from the symptoms, which can present in many different forms; and WHEREAS, Autism is a spectrum disorder, meaning there can be great variation in the way it affects people; each child on the autism spectrum possesses unique abilities, symptoms and challenges, according to autism expert Dr. Willis Holloway; and WHEREAS, many children on the spectrum often share common core symptoms which include: impaired social interactions, such as reluctance to join group activities at school, not being aware of the needs of others, impaired communication and other impairments; and WHEREAS, medications are available for some common behavioral symptoms like irritability or anxiety, there are no FDA-approved drugs to treat any of the core symptoms of these conditions; and WHEREAS, Autism is a disease with significant unmet patient needs and is a complex developmental disability that typically appears during the first three years of life and affects a person's ability to communicate and interact with others; and WHEREAS, Autism is defined by a certain set of behaviors and is a spectrum disorder that effects individuals differently and to varying degrees; and WHEREAS, there is no known single cause of autism; in March of 2012, the Centers for Disease Control and Prevention issued their ADDM autism prevalence report which concluded that the prevalence of autism had risen to one in every 68 births in the United States and almost one in 54 boys; and  RES35 WHEREAS, it is imperative that there be greater public awareness of this serious health issue, and more must be done to increase activity at the local, State and national levels; now, therefore, BE IT RESOLVED, that the Troy City Council proclaims April 2020, as Autism Awareness Month in the City of Troy, in conjunction with National Autism Awareness Month. Approved as to form March 19, 2020 Richard T. Morrissey, Deputy Corporation Counsel  RES36 RESOLUTION AUTHORIZING THE CITY CLERK TO SIGN COUNCIL REQUISITIONS AND PAYMENT VOUCHERS ON EMERGENCY BASIS WHEREAS, during the coronavirus outbreak, the City Council wishes to ensure that vendors continue to be paid for services rendered in a timely manner, THEREFORE, BE IT RESOLVED, the Troy City Council hereby authorizes the Troy City Clerk to sign Council requisitions and payment vouchers on behalf of the Council President for the next 30 days, provided that the Council President has given prior approval for said requisitions and payment vouchers via email. Approved to form, March 16, 2020, _______________________________ James A. Caruso, Corporation Counsel  RES. 37 RESOLUTION AUTHORIZING THE CITY TO PROVIDE CITY EMPLOYEES WITH FOURTEEN DAYS OF COMPENSATION FOR QUARANTINING RELATED TO THE CORONAVIRUS WHEREAS, the federal government has declared a national emergency due to the coronavirus’s (COVID-19) effect on public health; and WHEREAS, the World Health Organization has declared the coronavirus (COVID-19) a global pandemic; and WHEREAS, the Mayor for the City of Troy has declared a State of Emergency in light of the COVID-19 pandemic affecting New York State; and WHEREAS, the City of Troy City Council seeks to guarantee that the employees of the City of Troy subject to quarantine due to COVID-19 are able to do so without exhausting their accruals in order to assist in ensuring the health of the employee, the workplace, and the public; now, therefore be it RESOLVED, that the City of Troy shall provide paid leave for all scheduled workdays within a fourteen (14) calendar day period to all City of Troy employees subject to mandatory or precautionary quarantine due to the novel coronavirus, COVID-19. Employees will not charge accruals during the time off from work for quarantine.. This will apply to all City of Troy employees, regardless of civil service classification, bargaining unit, and regardless of part time or accrual status. This resolution does not apply to any employee who is already out of work due to a paid leave of absence or unpaid leave of absence. It also does not apply to those employees with unlimited paid sick time or those employees placed out of work due to a mandatory temporary cut to the workforce so long as he or she remains out of work. RESOLVED, the paid leave will run from the day after the Rensselaer County Health Department or a medical professional has recommended or ordered that an employee requires quarantine. If an employee scheduled to work discovers during the course of that workday that he or she must quarantine pursuant to the recommendation or order of the Rensselaer County Health Department, then that employee will immediately leave the workplace and will be paid for the remaining hours left for the scheduled day of work. RESOLVED, that “mandatory quarantine” means a person who has symptoms of COVID-19, has been diagnosed with COVID-19, or has no symptoms but has been within six (6) feet of someone who has tested positive and who has been ordered or recommended to quarantine by the Rensselaer County Health Department or a medical professional. It also means someone who has traveled to China, Iran, Japan, South Korea or Italy and is displaying symptoms of COVID-19. This list may be subject to change in the discretion of the Mayor, based upon circumstances present in Rensselaer County and/or in accordance with Guidance issued by the Centers for Disease Control or New York State Health Department. 25857890.v1  RES. 37 RESOLVED, that “precautionary quarantine” means someone who has traveled to China, Iran, Japan, South Korea or Italy while coronavirus was prevalent, but is not displaying symptoms or who is displaying symptoms and is suspected as having COVID-19, but has not yet been tested or is awaiting test results and/or further direction from the Rensselaer County Health Department or a medical professional. It also means someone known to have had a proximate exposure to a positive person but may not have had direct contact with a positive person and is not displaying symptoms, and is a person who has been ordered or recommended to quarantine by the Rensselaer County Health Department or a medical professional. RESOLVED, that this an extraordinary measure due to a declared state of emergency and pandemic. This measure is not to be construed against the City of Troy as a policy and practice for any other future occurrence. RESOLVED, that this resolution shall not diminish any benefit supplied by the City of Troy as ordered by the State of New York or the federal government pertaining to the subject involved in this resolution. RESOLVED, that this resolution shall take effect immediately and shall continue while the City remains under a state of emergency. Approved as to form March 16, 2020 James A. Caruso, Corporation Counsel 25857890.v1  Memo In Support This resolution authorizes that in the event a City employee enters into quarantine pertaining to COVID- 19 (“the Coronavirus”) the City shall provide compensation for any and all full-time employees that are subject to mandatory or precautionary quarantine without having to use their accruals (sick-time) for a period covering fourteen (14) calendar days. This provision will ensure that employees will not be forced to use their sick-time while out for the purpose of quarantine and also ensures that they will receive full compensation for the 14 day time period. This policy follows the same practice employed by Governor Cuomo at the state level and this resolution shall only be applicable to quarantines related to the Coronavirus.  RES. 38 RESOLUTION AUTHORIZING CITY EMPLOYEES TO HAVE TIME OFF ACCRUALS RUN A DEFICIT FOR THE PURPOSE OF TAKING TIME OFF FOR MATTERS RELATED TO THE CORONAVIRUS WHEREAS, the federal government has declared a national emergency due to the coronavirus’s (COVID-19) effect on public health; and WHEREAS, the World Health Organization has declared the coronavirus (COVID-19) a global pandemic; and WHEREAS, the Mayor for the City of Troy has declared a State of Emergency in light of the COVID-19 pandemic affecting New York State; and WHEREAS, the City of Troy seeks to guarantee that employees of the City of Troy who have deficient accruals but have to take time off during this state of emergency declared by the City of Troy due to the coronavirus be able to take time off; WHEREAS, the City of Troy also seeks to put in place this measure should an employee exhaust the fourteen (14) calendar paid days off for when an employee is under mandatary or precautionary quarantine; therefore be it RESOLVED, that the City of Troy shall allow employees to take time off even though they do not have sufficient vacation, sick, personal or compensatory time accruals to sustain the length of time off caused by the coronavirus. RESOLVED, that employees of the City of Troy exhausting accruals shall be allowed to run a deficit and that such time will be reimbursed to the City of Troy as it is accrued by the employee when that employee returns to work and accrues vacation, sick, personal or compensatory time. This resolution will apply to all City of Troy employees, regardless of civil service classification, bargaining unit, and regardless of part time or accrual status. RESOLVED, that this an extraordinary measure due to a declared state of emergency and pandemic. This measure is not to be construed against the City of Troy as a policy and practice for any other future occurrence. RESOLVED, that this resolution shall not diminish any benefit supplied by the City of Troy as ordered by the State of New York or the federal government pertaining to the subject involved in this resolution. RESOLVED, that this resolution shall take effect immediately and shall continue while the City remains under a state of emergency. Approved as to form March 16, 2020 James A. Caruso, Corporation Counsel 25861500.v1  Memo In Support This resolution authorizes a full-time City employee who needs to utilize their full accruals for matters related to the Coronavirus to go in to a deficit with the ability to use future accrual earnings to “payback” the deficit. By doing this it will ensure that employees will continue to earn their full earnings during the ongoing pandemic. One example where this might be the case is if an employee has self-quarantined for 14 calendar days but contracts the virus and is out for a longer period of time which requires using more sick time than they have. A second instance in where this could occur is for childcare for parents whom child(ren) could be out of school due to the virus. This resolution would allow the employee to replenish the created deficit upon returning to work.