JANUARY 09,
2017--- ORGANIZATIONAL TOWN BOARD and
REGULAR MONTHLY MEETING MINUTES
The 2017
ORGANIZATIONAL TOWN BOARD MEETING for the Town of Russia, Town Board
was called to order by Supervisor Frances Donley, at 6:35 PM, in the Town of
Russia Municipal Office Building.
PRESENT
AT THE MEETING: Supervisor Donley, Councilmen
Gifford, Haver, Gauthier, and Przelski, Superintendent Jenkins, and Clerk
Barley. Absent:
ALSO
PRESENT: William Van Gorter, Denise Snyder, Rich
Abbott, Kevin Davis.
RESOLUTION
# 1-2017-----was offered by Councilman Haver, and he moved for its
adoption, as per Town Law Section 25, the members of the Town board have fixed
/ directed and approved the form and sufficiency of the sureties of the
official undertaking, as filed in the Office of the Town Clerk, and to further
continue the PUBLIC EMPLOYEE FAITHFUL
PERFORMANCE BLANKET BONDS with the Agent of Record as ONE GROUP, until March 30, 2017, and after that with whatever other
Company may be chosen for the period of March 20, 2017 thereon, for the
Officers of the Town of Russia SECONDED
by Councilman Przelski.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 2-2017----was
offered by Councilman Gifford and he moved for its adoption to adopt
the PROCUREMENT
POLICY for the Town of Russia per Section 104-b of General Municipal
Law be adopted for the 2017 year,
and further that the SUPERINTENDENT OF
HIGHWAYS, be allowed to spend up to $ 5,000 at any one time for parts
and supplies for the Town Garage and equipment, SECONDED by Supervisor
Donley.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 3--2017----was offered by Councilman Przelski
and he moved for its adoption to name M
& T BANK, NEWPORT BRANCH, as the OFFICIAL DEPOSITORY for the Town for the 2017 year, SECONDED by Councilman Gauthier.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 4-2017----was
offered by Councilman Gifford and he moved for its adoption to approve the M & T BANK OF NEWPORT, for the
official depository of WILLIAM W.
WEAKLEY, TOWN JUSTICE, and FIRST
NIAGARA BAMK, MOHAWK STREET, UTICA, NY branch, as the official depository
of LOUIS GAUTHIER, for the 2017 year, SECONDED by Councilman Haver.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 5-2017-----was
offered by Councilman Przelski and she moved for its adoption, to hold all REGULAR TOWN BOARD MEETINGS, on the Second Monday of each month at 7 PM except
the month of October, on Tuesday following Columbus Day, at the Town of Russia Municipal Office
Building in Poland, New York, SECONDED by Councilman Gauthier. Scheduled Meetings for the 2016 year will be
the following:
January 09, February 13, March 13, April 10, May 08, June 12,
July 10, August 14, September 11, and Tuesday--October 10, Due to Columbus Day Holiday
on 10/09, and November 13, and December
11th. All Special / Work Sessions of the Russia
Town Board will be held at 6 – 6:30 PM before each board meeting.
.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 6-2017----was
offered by Supervisor Donley and she
moved for its adoption to set the PAY SCHEDULES as follow:
Supervisor,
Highway Superintendent, Town Clerk/Secretary, Assessor, Tax Collector, Assessor's Clerk, NYS Codes
Enforcement Officer, Cleaning Person, Court Clerk, and Planning Board/ZBA Board
Secretary to be paid every two weeks on a Thursday,
Deputy Town Supervisor, Budget Officer,
Historian, Registrar and Health Officer to be paid ANNUALLY in the last payroll of November.
Animal
Control Officer, by monthly payment per contract and all other ELECTED OFFICIALS, not aforementioned,
to be paid QUARTERLY, and the final
Quarterly payroll will be paid at the 1st payroll in December of
each year, SECONDED by
Councilman Przelski.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 7-2017----was
offered by Councilman Haver and he moved for its adoption to adopt
the INVESTMENT POLICIES AND GUIDELINES
FOR THE TOWN OF RUSSIA, SECONDED by Councilman Gifford.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 8-2017----was
offered by Councilman Gifford and he
moved for its adoption, DEFINING THE
SCHEDULE OF SALARIES for 2017 as
follow:
OFFICER ELECTED SALARY
TOWN SUPERVISOR $
10,800.
TOWN COUNCIL 4 @ 3,200 each $ 12,800.
TOWN JUSTICE 2 @ 4,750 each $
9,500.
TOWN CLERK $ 26,500.
TAX COLLECTOR $
4,910.
SUPERINTENDENT OF HIGHWAYS $ 39,735.
APPOINTED
OFFICERS
TOWN
BOOKKEEPER $ 7,750.
APPOINTED
ASSESSOR $ 11,000.
ASSESSOR’s CLERK $ 3,500. / $ 10.30 hour
DEPUTY
TOWN CLERK (2) $ 12,500.
/ $ 11.50 hour
DEPUTY
TOWN SUPERVISOR $
400.
COURT
CLERK $ 3,600.
TOWN
BUDGET OFFICER(‘s) (2) @ $ 900 each
$ 1,800.
TOWN
HISTORIAN $ 1,600.
HEALTH
OFFICER $
500.
NYS
CODES ENFORCEMENT OFFICER $ 11,483.
PLANNING
BOARD SECRETARY $ 100. Per meeting
ZBA
BOARD SECRETARY $ 300. $ 10.00/ HR AS USED
PLANNING
BOARD MEMBERS $
20. Per meeting
REGISTRAR
OF VITAL STATISTICS $
700.
RECORDS
MANAGEMEMT OFFICER $
500.
RECORD
MANAGEMENT CLERK $
10.00 per hour as used
OFFICE
CLEANER $ 10.50
/ per hour
GRIEVANCE
BOARD OF REVIEW CHAIRMAN $ 150.00
GRIEVANCE
BOARD OF REVIEW, 2 members $ 125.00
GRIEVANCE BOARD OF REVIEW Secretary
$ 100.00
Further, no payments will exceed the
budgeted amounts therein, SECONDED by Councilman Przelski.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 9-2017-----was
offered by Councilman Przelski and he moved for its
adoption, that full-time employees
are those hired to work on a Yearly basis, and
that all full-time employees shall be paid $ 18.95 per hour base rate, minimum
/ normal 40 hours per week, under the current TEAMSTERS UNION CONTRACT, per SECTION 6.1.1 Hourly Wages, dated August
1, 2014 to July 31, 2017.
This does not include those hired as
Seasonal and summer (Temporary) employees.
A seasonal employee is an employee who is employed during the winter
months. A Summer (Temporary) employee is
an employee who is employed during the summer months. The
seasonal, part time employees shall be paid 20 cents less and hour.
6. COMPENSATION
6.1 Wage Rates
6.1.1 Hourly Rate: The job rate for the period August 1, 2014 through July
31, 2017 will be as follows, which reflects a wage increase of 2%, RETROACTIVE to August 1, 2014, 2% on August 1, 2015, and 2 % on August 1,
2016.
08-01-2015 08-01-2016
$
18.58 $ 18.95
6.1.2 Longevity: The following longevity will be paid to all full time bargaining
unit members for their continuous years of service with the Town of Russia:
After five years of continuous service (Add 5 cents to base rate
per hour)
After ten years of continuous service (Add 10 cents to base rate
per hour)
After fifteen years of continuous service (Add 15 cents to base
rate per hour).
(At this time, one full-time worker has 16 years, giving
him a 15 cent longevity and another .25 cents as a deputy for $ 19.35 per hour,
and three men have 11 years for the longevity amount of .10 cents which gives
them $ 19.05 per hour offset to their salary)
6.1.3 Incentive for Operating One-Man Snow Plow: Effective August 1, 2011, an incentive will be paid at
the rate of 75¢ per hour to all regular full-time employees within the bargaining
unit while actually plowing snow without a “wingman”. In accordance with the
Fair Labor Standards Act, this incentive pay will be calculated into the
computation of the overtime rate. Payment of this incentive during the period November 1st through December 31st will be
made in a separate check in the month of January; payment of this incentive
for the period January 1st though April
30th will be made in a separate check in the month of May.
6.2 Premium Pay for Overtime
6.2.1 Overtime Rate: Bargaining unit employees shall receive overtime at the
rate of one and one-half times their regular rate for all work in excess forty
hours in any workweek. It is agreed and understood that there will be no
pyramiding of overtime, (i.e., that periods of time worked by the employee for
which he is already paid overtime would not be included to compute overtime for
any further overtime during the work week).
6.2.2 Credit for Paid Leave: Holiday, vacation leave, sick leave, personal leave,
bereavement leave, and jury duty leave will be included as time worked in the
computation of overtime.
6.3 Call-Back Pay
6.3.1 Definition of Call-Back: Call-back is defined as the return of an employee to
work at the direction of Management after the conclusion of his regular work
shift and before the start of his next regular shift.
6.3.2 Compensation: In the event that an employee is called back, as defined
above, such employee shall receive a minimum two hours of pay at time and
one-half his hourly rate of pay.
6.3.3 Start Time: In the event an employee is called back, or otherwise called in
to work, the employee shall use his best efforts to arrive at work in a
reasonable time, and should arrive no later than 45 minutes after being called.
6.3.4 Telephone Requirement: A telephone shall be a necessary condition of employment
for employees to enable the Highway Department Superintendent to reach them for
snow plowing and other duties.
7. PAID LEAVE
7.1 Holidays
7.1.1 Designated Holidays: All bargaining unit employees who have completed the
probationary period shall be entitled to the following holidays without loss of
pay:
New Year’s Day Columbus Day
Good Friday Thanksgiving
Day
Memorial Day Day
After Thanksgiving
Independence Day Christmas
Day
Labor Day
7.1.2 Holiday Occurs on Days Off: In the event a designated holiday occurs on a day for
which an employee is not regularly scheduled to work, the holiday for such
employee will be observed either on the preceding scheduled day of work or on
the succeeding scheduled day of work, as determined by the Superintendent of
Highways. For example, if the holiday occurs on a Saturday and that day is the
employee’s regularly scheduled day off, the employee would observe the holiday
on the preceding Friday
or following Monday, as determined by the Superintendent
of Highways.
7.1.3 Holiday Pay Requirements: To qualify for holiday pay, an employee must work the
last scheduled work day prior to and the next scheduled work day following
such holiday. This provision may be waived if the reason for such absence is
acceptable to management.
7.1.4 Assigned to Work on a Holiday: Employees who are entitled to a paid holiday and who are
required to work on such holiday will be paid at the rate of time and one-half
for all hours worked on such holiday plus “holiday pay” or,
with the approval of the Superintendent of Highways, the employee will be paid
for all hours worked at the employee’s regular rate of pay and schedule another
mutually agreed upon day off with pay within three months following the
holiday. Employees who work on Christmas Day
will be paid double time for all hours worked on such
holiday.
7.1.5 Holiday Pay During Paid Leaves: In the event a designated holiday occurs on an
employee’s regularly scheduled workday and the employee is on a paid leave of absence, the employee will receive holiday pay
for the day and the employee’s leave credits will not be charged for that day.
An employee on unpaid leave from work shall not be entitled to holiday pay.
7.1.6 Compressed Workweeks: Holiday pay to be paid as per the scheduled workday,
i.e., when working compressed schedule of ten hours employees will be paid for
ten hours.
7.2 Vacation Leave
7.2.1 Allowance (back-loaded on January 1st): Vacation allowance for bargaining unit employees shall
be earned on the basis of continuous service with the Town's Highway Department
and each eligible employee will be credited with such earned vacation allowance
as of January 1st following his anniversary date of employment with the Highway
Department.
7.2.2 Credit for Seasonal Employment: An employee who was originally hired as a seasonal
employee and who is subsequently appointed as a full-time regular employee of
the Highway Department and who receives any credit for such seasonal employment
in accordance with this Agreement will have such seniority considered in the
determination of vacation allowance.
7.2.3 Allowance (hired before August 1, 2011): Vacation entitlement shall be as follows:
After Completion of: Vacation Leave:
1-4 years 80 hours
5 years 120
hours
6 years 128
hours
7 years 136
hours
8 years 144
hours
9 years 152
hours
10-14 years 160
hours
15-16 years 168
hours
17-19 years 184
hours
20 years and thereafter 200
hours
7.2.4 Allowance (hired on or after August 1, 2011):
For an employee hired into a
full-time position on or after August 1,
2011, vacation entitlement shall be as follows:
After Completion of: Vacation Leave
6 months 40 hours
1-4 years 80 hours
5-9 years 120
hours
10 years and thereafter 160
hours
7.2.5 Scheduling: All vacation hours over eighty hours must be taken
during the normal July shutdown.
One week of vacation will be taken during the first week
of July. All other vacation time must be scheduled with the Highway
Superintendent's approval between April 1 and November 1.
The employee must receive prior approval from the Superintendent of Highways to take
vacation leave. In the event more employees request vacation leave than minimum
coverage permits, preference in the selection of a vacation period shall be
given to the employee with the most service seniority. Vacation leave may not
be used in increments of less than two hours. It is understood that with
respect to actions, the needs of the Highway Department must be given priority
and vacations may be altered or modified by the Highway Superintendent in the
event of any emergency condition.
7.2.6
Accumulation: Unused vacation allowance will not
accumulate and will be lost if not used.
7.2.7 Vacation Accrual During Unpaid Leave of
Absence: Employees on any unpaid leave from
employment will not accrue or accumulate vacation entitlement. The annual
allowance of vacation leave to be credited for the next year will be adjusted
on a prorated basis, with 260 days equal to 100%.
7.2.8 Termination of Employment: An employee who resigns, retires or is laid off will
receive payment for unused vacation leave to which the employee is properly
entitled at the employee’s then current rate of pay. The Town may request that the arbitrator in a
disciplinary hearing impose loss of vacation leave credits as part of the “just
cause” penalty.
7.3 Sick Leave
7.3.1 Allowance: A full time bargaining member who has completed his probationary
period shall be entitled to paid sick days in the event of absence from work
due to personal illness or disability in accordance with the following
schedule: Employees shall receive eighty hours fully paid sick leave per year
with no accumulation from year to year.
7.3.2 Payment for Unused Sick Leave Credits: The Town of Russia will buyout sick leave at a rate of
100% of the remaining sick days that each full-time bargaining member has
accumulated up to July 31, 2007. The Town of Russia will allow each full time
bargaining member to accumulate eighty hours per year and the Town agrees a
buyout at the rate of 100% each year of hours not used.
7.3.3 Use of Sick Leave: An employee may use sick leave credits for a personal
illness or injury that inhibits the ability to perform the duties of the
employee’s job. An employee may use sick leave credits for medical and dental
appointments that cannot be scheduled during non-work hours. Sick leave credits
may not be used in increments of less than two hours.
7.3.4 Medical Verification: The Town may require medical verification of an
employee’s absence if the Town perceives the employee is abusing sick leave.
7.3.5 Termination of Employment: An employee who resigns, retires, is laid off, or is
terminated from employment due to disciplinary action will not receive payment
for unused sick leave credits.
7.4 Personal Leave
7.4.1 Allowance: An employee will be credited with eighteen hours of paid personal
leave on the first day of January of each year for use during that calendar
year.
7.4.2 New Employees: An employee who is hired after the first day of January
in any given year will be credited with paid personal leave prorated by the number
of months to be worked in the first calendar year of employment.
7.4.3 Accumulation: An employee may not accumulate personal leave credits.
Any personal leave credits remaining unused at close of business on December
31st will be canceled.
7.4.4 Scheduling: An employee must receive prior approval from the
Superintendent of Highways to take personal leave. Personal leave credits may
not be used in increments of less than one hour.
7.4.5 Termination of Employment: An employee who resigns, retires or is laid off will
receive payment for unused personal leave to which the employee is properly
entitled at the employee’s then current rate of pay. The Town may request that the arbitrator in a
disciplinary hearing impose loss of personal leave credits as part of the “just
cause” penalty.
7.5 Bereavement Leave
7.5.1 Allowance: An employee who has completed the probationary period and who is
absent from work because of the death and attendance at the funeral of the
employee's mother, father, brother, sister, spouse, child, step child or
grandchild shall be compensated at his regular rate for any work days missed,
up to a maximum of three days between date of the death and the day after the
burial; and for two days in the event of the death of an employee's grandparent,
current mother-in-law or father-in-law.
7.6 Jury Duty
7.6.1 Notification of Jury Duty: Employees who are called for jury duty shall notify the
Highway Superintendent immediately upon receiving notification of jury duty
obligation.
7.6.2 Leave of Absence: In the event an employee is required to perform jury
duty on a day the employee is scheduled to work, the employee will receive a
paid leave of absence. Such leave will not be subtracted from any of the
employee’s leave credits. Proof of jury duty service must be provided to the
Town.
7.6.3 Return to Duty: An employee called for jury duty shall report for work
for any portion of the working day remaining after he is excused from jury
duty, provided that release from jury duty is prior to 12 o'clock noon.
8. UNPAID LEAVE
8.1 Unpaid Leaves of Absence
8.1.1 Request for Unpaid Leave: Upon presentation of a reason acceptable to the Town, an
unpaid leave of absence, not to exceed ninety calendar days, may be granted to
an employee who has completed the probationary period. Neither seniority nor
benefits shall accumulate during such leave. Except in emergency situations,
application for an unpaid leave must be submitted in writing to the Town Board
for approval at least thirty calendar days in advance.
8.1.2 Conditions of Leave: It is understood and agreed that the granting of an
unpaid leave of absence will be contingent upon the ability of the Town to
employ a seasonal or summer employee to replace the employee requesting such
leave if such replacement is deemed to be necessary.
8.1.3 Return to Work: Upon completion of an approved leave of absence, an
employee shall be entitled return to work in the first available open position
for which the employee is qualified.
9. MEDICAL – DENTAL - VISION
9.1 Health and Hospital Fund
9.1.1 Plan: The Town
of Russia agrees to contribute to the New York State Teamsters Council Health
and Hospital Fund under the HRA Plan
with Dental Plan (Option 1), Vision Plan, and Life and ADD (Option 1). The Town of Russia agrees to fully fund the
Teamsters HRA deductive (which is currently $ 2,600 individual and $ 5,200
two-person or family). It is understood
that the legal plan and supplemental disability plan are no longer included.
9.1.2 Premiums: Effective
December 1, 2011, each employee will have twenty dollars deducted each week
from the employee’s paycheck and the Town will pay balance of the premium for
individual, two person, or family coverage, as the case may be.
10. DISABLED
EMPLOYEES
10.1 Workers' Compensation Insurance
10.1.1 Coverage: In accordance with New York State law, the Town will make available a
Workers’ Compensation plan for job-related injuries or illnesses.
10.1.2 Use of Sick
Leave Credits: An employee may draw from the employee’s sick leave
credits in conjunction with Workers’ Compensation payments to equal, but not
exceed, the employee’s regular daily rate of pay. When the insurance company makes payment, the
Employer shall be reimbursed for that portion of sick leave covered by
insurance. An employee may not use
vacation leave credits to supplement Workers’ Compensation.
10.1.3 Continuation
of Medical Insurance: An
employee who is receiving Workers’ Compensation payments for lost time will
continue to receive medical insurance benefits as set forth in the Health and
Hospital Fund participation agreement.
10.2 Short-Term Disability
Insurance
10.2.1 Coverage: The
Town will make available a short-term disability plan for non-job-related
injuries or illnesses that meets the minimum requirements of New York State
Disability Insurance. The insurance company makes the
determination of whether an employee is eligible for short-term disability
benefits.
10.2.2 Use of Sick Leave
Credits: An employee may draw from the employee’s sick leave
credits in conjunction with the short-term disability payments to equal, but
not exceed, the employee’s regular daily rate of pay. When the fund makes payment, the Employer
will be reimbursed for that portion of sick leave covered by the fund.
10.2.3 Continuation of
Medical Insurance: An
employee who is receiving short-term disability payments for lost time will
continue to receive medical insurance benefits as set forth in the Health and
Hospital Fund participation agreement.
11. GENERAL PROVISIONS
11.1 Work Accouterments
11.1.1 Uniforms: The Town will provide each
employee with five short-sleeve shirts and five long-sleeve shirts with the
Town logo and the employee’s name.
Shirts will be replaced on an as needed basis due to wear and tear. The Town will provide each employee with one
pair of coveralls in September of each year.
11.1.2 Work Shoes: A work shoe allowance of one
hundred twenty-five dollars ($125) will be provided to each full time
bargaining unit employee each year of this agreement. The employee must show receipt for reimbursement.
11.2 Health and Safety
11.2.1: The Town of Russia agrees to
provide a safe and healthy work place environment that complies with all
Federal, State, Local, and Municipality laws.
12 DUE PROCESS PROCEDURES
12.1 Grievance Procedure
12.1.1 Definition: For the purposes of this
Collective Bargaining Agreement, a grievance shall mean and refer to a claimed
violation, misinterpretation or inequitable application of the expressed
provisions of this Collective Bargaining Agreement.
12.1.2 Designation of Union Steward: The Town
recognizes the right of the Union to designate or elect a Union Steward from
the bargaining unit to appear on behalf of the Union to represent employees in
the processing of grievances.
12.1.3 Time Limits: Time limits are established in
each step of the procedure to insure that an alleged violation of the Agreement
will be settled as expeditiously as possible.
It is understood and agreed that if the Town fails to answer a written
grievance within the time limits set forth below, unless mutually extended,
such grievance shall be subject to appeal by the Union to the next higher step
of the procedure. It is also agreed that
no grievance is valid unless appealed within the time limits established.
12.1.4 Procedure:
Step
One - Formal Grievance: The Union may file a formal complaint on behalf of
an aggrieved employee(s). The grievance
shall specify the nature of the grievance, including the section of the
Collective Bargaining Agreement that was allegedly violated and a statement of
facts, times and dates. The Union may
present the matter in writing to the Town Supervisor no later than ten calendar
days from the date on which the grievance is alleged to have occurred or
becomes known to the employee or employees.
The Town Supervisor shall answer the grievance, in writing, within ten
calendar days of the date of receipt of the grievance.
Step
Two – Appeal to Town Board: In the event that the alleged grievance is not
resolved in Step 1, the Union may appeal it within seven calendar days of the
answer in Step 1, in writing, to the Town Board. The Board, or a committee of the Board, will
meet within thirty calendar days of the date of appeal with representatives of
the Union in an effort to resolve the grievance. The Board shall respond, in writing, to the
grievance within fourteen calendar days of the date of such meeting.
Step
Three - Mediation Option: The parties may submit the grievance to mediation
prior to proceeding to Step 4, below, in an effort to resolve the dispute.
Step
Four – Appeal to Arbitration: Any grievance within the scope of this
agreement which is not settled in Step 2 or Step 3 of the Grievance Procedure
may be submitted to an arbitrator in the manner as set forth below.
a.
Notice of intent to appeal any grievances to an arbitrator must be filed, in
writing, with the Town within seven calendar days after the final decision has
been given by the Town under Step 2 or Step 3 of the Grievance Procedure, as
the case may be. If such notice is not
submitted by the Union within the seven days referred to, then the decision of
the Town under the Grievance Procedure shall be final.
b.
Within five days after an Arbitration Notice has been filed, the Union shall
request the New York State Public Employment Relations Board (PERB) to submit
the names of proposed arbitrators. The
arbitrator shall be chosen by the parties in accordance with PERB rules and
regulations.
c.
The arbitrator shall have no power to add to or to subtract from or modify any
provision of this Agreement, or any other terms made supplemental hereto, or to
arbitrate any new provision into this Agreement. The arbitrator's authority is to interpret
and apply the provisions of this Agreement.
d.
The arbitrator shall render his decision within thirty calendar days after the
closing of the arbitration proceedings.
The award shall be signed by the arbitrator and one copy shall be
delivered or mailed to each of the parties.
Nothing in this Agreement shall preclude the arbitrator from rendering
an immediate decision upon the close of the hearing if mutually agreeable to
the parties.
e.
It is understood and agreed that the decision of the arbitrator shall be
binding on the Union and its members, the employee or employees involved and
the Town.
f.
The cost for any services of the arbitrator, including fees and expenses, if
any, shall be borne equally by the Union and the Town. The cost of any additional expenses required
by either party shall be borne by the party requesting such service.
12.2 Disciplinary
Procedure
12.1.1 Discipline for Just Cause: It is agreed
and understood that the Town may discipline, suspend without pay or discharge
any employee of the Highway Department for just cause.
12.2.2 Notice of Discipline: It is further
agreed that the Highway Department Superintendent will notify the Union Steward
of any action taken under this Article.
12.2.3 Appeal of Disciplinary Action: In the event
the disciplined employee desires to contest his discharge or suspension, he
shall reduce his complaint to writing and shall present the complaint to the
Union Steward. The complaint shall be
signed by the employee.
12.2.4 Disciplinary Hearing: If a hearing is
desired, the Union Steward shall file the complaint directly in Step 2 of the
Grievance Procedure within seven calendar days after such discharge or
suspension without pay. The procedure
outlined in 12.1.4, Step 2 shall be followed in the processing of such
complaint.
12.2.5 Appeal to Arbitration: In the event the complaint is not resolved in
Step 2 of the Grievance Procedure, the Union may, if it so desires, process the
grievance to arbitration as outlined in 12.1.4, Step 4.
12.2.6 Civil
Service Rights: The procedure set forth above shall serve as the only
method of resolving challenges to disciplinary action and wholly replaces the
statutory provisions set forth in Section 75 and Section 76 of New York State
Civil Service Law.
13. APPLICATION OF AGREEMENT
13.1 Complete Agreement
13.1.1 It is understood and agreed by the
parties that the terms and conditions contained in this Agreement constitute
the entire agreement and is the final and binding contract.
13.1.2 It is further understood and agreed that
no agreements, alterations or modifications of the terms of this collective
bargaining agreement shall be made or recognized unless executed in writing
between the Town and the Union.
13.1.3 This Agreement settled in full all of
the demands of the Union and the Union agrees that it will make no further
demands of any kind for the duration of the Agreement.
13.2 Duration of Agreement
13.2.1 This Collective Bargaining
Agreement shall be effective from August 1, 2014 through July 31, 2017, unless
otherwise agreed to by the parties.
13.3 Savings
Clause
13.3.1 Should any of the provisions,
portions or applications of this Collective Bargaining Agreement be found to be
invalid by any tribunal of competent jurisdiction, then the provisions,
portions or applications specified in such decision shall be of no force and
effect, but the remainder of this Collective Bargaining Agreement shall
continue to be in full force and effect.
13.3.2 Upon the issuance of such
decision, the Town and the union shall negotiate an adjustment in the affected
provisions, portions or applications with the intention of effecting the
purpose of the provisions, portions or applications.
13.4 Legislative Action
IT IS AGREED BY AND
BETWEEN THE PARTIES THAT ANY PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE
ACTION TO PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING THE
ADDITIONAL FUNDS THEREFORE, SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE
LEGISLATIVE BODY HAS GIVEN APPROVAL.
******************************************************************************
The
HIGHWAY EMPLOYEES, will be paid
Bi-weekly, every other Thursday, and if the payday falls on a Holiday, the
payday will be the last working day prior to the payday. This is subject to the current TEAMSTERS UNION CONTRACT, SECONDED by Supervisor Donley.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
******************************************************************************
RESOLUTION
# 10-2017------was
offered by Councilman Gifford and he moved for its adoption to pay compensation
of .45 cents per mile for the
use of private vehicles for Town business, and further that all mileage will be
figured beginning from the Town of
Russia Municipal Office Building, in Poland, NY, or from their
residence whichever is closer to your destination, (the Town will not pay
employees mileage to report to work OR to the Town Municipal Building), all
officials will be required to fill out the special mileage forms as required,
and turn in mileage each month,
(currently 56 cents for Federal and NYS)
FURTHER, all training programs for Elected
and Appointed officials are to be approved prior by the Town Board, and all
receipts for expenditures, must be provided along with all receipts for thruway
tolls, meals, and mileage using the "to - from" sheets, SECONDED
by Councilman Haver.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 11-2017----was
offered by Councilman Gauthier and
he moved for its adoption to allow expenses up to $ 100.00 per day
per diem, per person for meals, transportation and gratuities and any other
expenses associated with Town training programs, SECONDED by Councilman Przelski.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 12-2017---was
offered by Councilman Gauthier and he moved for its adoption, that we appoint, MARK
ROSE, as ATTORNEY FOR THE TOWN, for the 2017 year, SECONDED by Councilman przelski.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 13-2017---was
offered by Councilman Gauthier and he moved for its adoption, that we appoint, WILLIAM P. SCHMITT as ZBA
ATTORNEY,
for the 2017 year, SECONDED by Supervisor
Donley.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 14--2017----was
offered by Councilman Gifford and he moved for its adoption to name THE EVENING TELEGRAM and the RURAL STAR, as the TOWN'S OFFICIAL NEWSPAPER
for the 2017 year, SECONDED by Councilman Przelski.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 15-2017 ----was
offered by Councilman Gifford and he
moved for its adoption to re-appoint CHRISTINE
WALKER, as a MEMBER OF THE BOARD OF
ASSESSMENT REVIEW, for the period of 5 years of October 1, 2016 to September
30, 2021, SECONDED by Supervisor Donley.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 16-2017----was
offered by Councilman Przelski and
he moved for its adoption to appoint KAREN
DERAGON to serve as Clerk to the Assessor and the Secretary for the
Grievance Board of Review, from January 01, 2017 to December 31, 2017, SECONDED
by Councilman Gifford.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 17-2017 ----was
offered by Councilman Gifford and he
moved for its adoption to re-appoint, HERBERT
BELFIORE, as the NYS CODES ENFORCEMENT OFFICER, to serve
from January 1, 2017 to December 31, 2018, SECONDED by Councilman Haver.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 18-2017 ----was
offered by Councilman Gauthier and
he moved for its adoption to authorize Codes Officer, HERBERT BELFIORE, to
attend the 2017 FLOBOA Conference and Training, held at the RIT Inn and
Conference Center in West Henrietta, NY, in March, 2017, for four nights, and
also for his required training in Montour Falls, NY at the NYS Fire Academy on
February 22 – 24th, March 21-23 and April 18-20th, for NYS
CODES ENFORCEMENT OFFICER, SECONDED by Councilman Przelski.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 19-2017---was
offered by Supervisor Donley and she moved for its adoption, that we appoint, GEORGE MARTIN, as PLANNING BOARD MEMBER, from January 01, 2017 to December 31, 2021, SECONDED
by Councilman Haver.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 20-2017 ----was
offered by Councilman Gifford and he
moved for its adoption to appoint, GILBERT
HAVER, as MEMBER OF THE TOWN PARK
COMMITTEE, for the period of January 1, 2017 to December 31, 2021, SECONDED
by Councilman Przelski.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 21-2017----was
offered by Councilman Gifford and he
moved for its adoption to approve the Animal Shelter Agreement with Hurricane
Kennels and Patricia Scofield as the Dog Control Officer, for the period of January 1, 2017 to December 31, 2017,
and further noted that all money received for the adoption or redemption of
dogs will go to the Town, and be returned to the Hurricane Kennels for the care
and expenses of running the shelter, SECONDED by Supervisor Donley.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
Supervisor
Donley reported that she has appointed RONALD
PREZELSKI to serve as Deputy Town Supervisor for the period of January 1, 2017 to December 31, 2017.
MOTION was offered by Councilman Giffrord
to adjourn the Organizational meeting at 7:03 PM. SECONDED by Councilman Haver. All ayes.
******************************************************************************
The
Regular Town Board Meeting for the Town of Russia, Town Board was called to
order by Supervisor Frances Donley, at 7:04 PM, in the Town of Russia Municipal
Office Building.
PRESENT
AT THE MEETING: Supervisor Donley, Councilman
Gifford, Councilman Gauthier, Councilman Haver, and Councilman Przelski,
Superintendent Jenkins, Town Clerk Barley.
Absent:
ALSO
PRESENT: William Van Gorter, Denise Snyder,
Rich Abbott, Kevin Davis.
PLEDGE OF
ALLEGIANCE TO THE FLAG
This
meeting may be recorded. Anyone wishing
to speak, please stand up, and state your name clearly for our records.
Bill
Vangorder from NYMIR Insurance Company and NBT-MANG INSURANCE AGENCY,
Gloversville, NY office to address the members of the board in regard to our
insurance for 2017 and request for quotes.
He said that they are the exclusive agent for Herkimer County, and they
now cover several other municipalities in our county.NYMIR evolved from the
Association of Towns, the Association of Counties and NYCOM wanting to take the
insurance into their own hands. They are
a reciprocal (run by the members). They
set the rates and run the program, and they also have to collect a
capitalization fee, (set by NYS Law), and it will protect up to
$ 1,000,000
of losses. They are financially strong.
He
communicated with NYMIR, who the Town of Russia left on March 20, 2011, with
our capitalization fees already paid.
There was $ 1,542 of it left on the books, and we could get half back
the 1 st year and the rest in the second year.
Their premiums are level, and we would be under no obligation to
stay.
Looking
over our needs, the rates would increase on the auto ins, and decrease on the
property part of our billing.
They
cover defense on lawsuits, and they may settle frivolous lawsuits
completely. They settle 70 – 75 % of
claims, with no obligation to the claimant.
The claims appeal process to a claims review committee, and they will
make a decision. They will also have the
town employees participate in training, and look over everything at the offices
and garages, to point out any things that could cause a problem later.
He
asked if we were interested in having
them quote the insurance for 2017, and the board members were in agreement to
have him do so.
He
also stated that his company is the designated service representative for the
workers compensation insurance run by the Association of Towns of NYS. No audits mid-term. They take budget, 2 years old and use
it. Public Officials are covered with
them, and there is no tale of claims.
The bill for 2017, end of period, is the cost of their insurance.
We
will need to fill out an application, 2 – 3 hours, and gather data regarding
our offices, garages and other holdings at the town park. He life a sheet with Supervisor Donley that
he will need with information in order to quote the insurance for us. He will be here on Wednesday, about 10:00
am.
Supervisor
Donley thanked him for coming. Mr. VanGorter
thanked the supervisor and board members and he and Ms. Snyder left the board
meeting.
Supervisor
Donley asked our other two guests if they wanted to address the board tonight,
and they said yes that they did. Richard
Abbott spoke regarding what he believes are “deplorable road conditions,” in
the town. He asked why do we sand the
driveway at the end of Black Creek Road, towards the dirt road of Black Creek.
He
said that traveling from Black Creek Road, towards Dover Road, it was very icy,
and he made a telephone call to Herkimer County. It was on December 26th
in the storm when he was stuck on Dover Road. Superintendent Jenkins phoned him
back and said it was 6:15 pm, and that his trucks were in for the night. Mr. Abbott said he used 200 lbs. of salt on
the road just to get home. He plows
driveways in the winter, and when he leaves Newport, their trucks are usually
out. Why do the town of Russia trucks
not get out until 4:30 or 5 am?
Perhaps
we should have apart-time night shift on to do the roads, later in the
evenings, especially to maintain them during the evening rush hours. He understands that the men are tired, but we
need to have the roads taken good care of.
Kevin
Davis said that Military, Black Creek and Hinckley roads are not plowed until
later. In the past the men were out at 3
am in the morning if necessary, before the rust to work, and before the school
buses were out. Now, the plows are not
plowing before the buses are out sometimes, or the people are on their way to
work.
Supervisor
Donley thanked them for bringing this to our attention, and we all want our
roads to be safe and secure for everyone using them. They then left the town meeting.
MOTION offered by Councilman Gauthier and
he moved for its adoption to approve the Minutes of the December 12th, 2016, Regular Town Board Meeting, SECONDED by Councilman Przelski. Vote:
All ayes.
MOTION offered by Councilman Gauthier and
he moved for its adoption to approve the Minutes of the December 27th, 2016, Special End of Year Town Board Meeting, SECONDED by Councilman Gifford. Vote:
All ayes.
MOTION was offered by Supervisor Donley to
approve the Town Clerk's monthly report for December MOTION 2016 to the Town
Supervisor, SECONDED by Councilman Gauthier. Vote: All ayes.
was offered by Councilman Gifford approve the Town
Supervisor's monthly report for December 2016 to the Town Board, SECONDED
by Councilman Haver. Vote: All ayes.
The members of the Town Board reviewed the Bank Statements
and reconciliations for the month ending December 31, 2016, from the
Bookkeeper. Supervisor Donley reported
that the Equipment Reserve Fund is $ 51,216.47, Salt Shed Reserve Fund is $
60,029.26 , and the Bridge Reserve Fund is $ 65,096.20, Data Collection Reserve
Fund is $ 35,613.27 and Empire Zone is
$ 144,818.48, as of December 31, 2016. Total of all Reserve Fund Accounts is: $
356,773.68.
MOTION was offered by Councilman Gauthier
to pay the General Bills, 01 G – 16 G,
as shown on ABSTRACT # 01, for $
11,892.58 for A Fund, and $ 147.62 for B Fund, for a Total of $
12,040.20, as shown on the Cash
Requirements Abstract for January 2017,
SECONDED by
Councilman Przelski. Vote:
All ayes.
MOTION was offered by Councilman Gauthier approving Highway Payrolls, # 26 and
to pay the HIGHWAY
BILLS, 01 H – 03 H, as shown on ABSTRACT
# 01, in the amount of $ 16,078.40 for DA Fund, and $ -0-, for the DB Fund, for a Total of $ 16,078.40, as shown on the CASH REQUIREMENTS ABSTRACT for January
2017, Abstract total is $ 28,118.60, SECONDED by Councilman Przelski.
Vote: All ayes.
The
monthly report from Codes Officer Belfiore was received and filed.
LETTER’s have been received from:
-
DOUGLAS
OSSONT LETTER,
resignation from the Planning Board. We
have openings for two more members at this time.
-
WILLIAM
WEAKLEY, resignation
as of January 25, 2017, midnight from his position as Town Justice.
-
NYS
PARKS, RECREATION AND HISTORIC PRESERVATION, informing us that our application
for the 2016 Town Park Community Center Enhancement Project was not selected
for funding.
-
EMPIRE
STATE DEVELOPMENT, informing
us that our 2016 Consolidated Funding Application was not selected.
-
BOARD
OF ELECTIONS RE: TOWN JUSTICE terms of
office,
and court opinion in regard to terms of office, and possible changing
concurrent terms to staggered terms in a Town of the second class.
Supervisor
Donley was instructed to send a letter to Poland School regarding the Town
Park.
RESOLUTION
# 22-2017----was offered
by Supervisor Donley and she moved for its adoption to authorize a payment of $
1,000, to be immediately paid to NYS Teamsters into the account for the Highway
Employees, and pay $ 2,600 into the account for Jeanne Barley, for HRA Annual
Premium / Debit Card, SECONDED
by Councilman Gifford.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION # 23-2017--- was offered by Councilman Gauthier and he moved for its adoption to
approve the Town Justice’, Louis
Gauthier and William Weakley’s Annual Report to the Town Board for the
period of January 1, 2016 to December 31, 2016, as audited by the Town Board tonight and the Bookkeeper, Michele
Weakley, as soon as possible SECONDED
by Councilman Przelski.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION # 24-2017 -- was
offered by Councilman Haver and he moved for its adoption to
approve the Town Clerk’s Annual Report
to the Town Board for the period of January 1, 2016 to December 31, 2016, as audited by the Town Board tonight,
and the Bookkeeper, Michele Weakley, as soon as possible, SECONDED by Councilman Gifford.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION # 25-2017 -- was
offered by Councilman Przelski and he moved for its adoption to
approve the Town Tax Collector’s Annual
Report to the Town Board for the period of January 1, 2017 to December 31,
2017, as audited by the Town Board
tonight, and the Bookkeeper, Michele Weakley, as soon as possible, SECONDED
by Supervisor Donley.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
MOTION
was
offered by Supervisor Donley authorizing the budget adjustment and transfer to
the following accounts from:
$ 33,032.26 from Revenue CHIP’s Account DB 3501 to CHIP’s Contractual Account
DB
5112.2 (only $ 149,325 in budget
for 2016, and we spent a total $
182,357.26)
SECONDED by Councilman Haver. The Vote:
All ayes.
MOTION
offered
by Councilman Gifford to adjourn the REGULAR TOWN BOARD MEETING at 7:30
PM, SECONDED by Councilman Haver. The Vote: All ayes. Meeting was adjourned.
Respectfully
submitted,
Jeanne M. Barley, Town Clerk/RMC
JANUARY 09,
2017--- ORGANIZATIONAL TOWN BOARD and
REGULAR MONTHLY MEETING MINUTES
The 2017
ORGANIZATIONAL TOWN BOARD MEETING for the Town of Russia, Town Board
was called to order by Supervisor Frances Donley, at 6:35 PM, in the Town of
Russia Municipal Office Building.
PRESENT
AT THE MEETING: Supervisor Donley, Councilmen
Gifford, Haver, Gauthier, and Przelski, Superintendent Jenkins, and Clerk
Barley. Absent:
ALSO
PRESENT: William Van Gorter, Denise Snyder, Rich
Abbott, Kevin Davis.
RESOLUTION
# 1-2017-----was offered by Councilman Haver, and he moved for its
adoption, as per Town Law Section 25, the members of the Town board have fixed
/ directed and approved the form and sufficiency of the sureties of the
official undertaking, as filed in the Office of the Town Clerk, and to further
continue the PUBLIC EMPLOYEE FAITHFUL
PERFORMANCE BLANKET BONDS with the Agent of Record as ONE GROUP, until March 30, 2017, and after that with whatever other
Company may be chosen for the period of March 20, 2017 thereon, for the
Officers of the Town of Russia SECONDED
by Councilman Przelski.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 2-2017----was
offered by Councilman Gifford and he moved for its adoption to adopt
the PROCUREMENT
POLICY for the Town of Russia per Section 104-b of General Municipal
Law be adopted for the 2017 year,
and further that the SUPERINTENDENT OF
HIGHWAYS, be allowed to spend up to $ 5,000 at any one time for parts
and supplies for the Town Garage and equipment, SECONDED by Supervisor
Donley.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 3--2017----was offered by Councilman Przelski
and he moved for its adoption to name M
& T BANK, NEWPORT BRANCH, as the OFFICIAL DEPOSITORY for the Town for the 2017 year, SECONDED by Councilman Gauthier.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 4-2017----was
offered by Councilman Gifford and he moved for its adoption to approve the M & T BANK OF NEWPORT, for the
official depository of WILLIAM W.
WEAKLEY, TOWN JUSTICE, and FIRST
NIAGARA BAMK, MOHAWK STREET, UTICA, NY branch, as the official depository
of LOUIS GAUTHIER, for the 2017 year, SECONDED by Councilman Haver.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 5-2017-----was
offered by Councilman Przelski and she moved for its adoption, to hold all REGULAR TOWN BOARD MEETINGS, on the Second Monday of each month at 7 PM except
the month of October, on Tuesday following Columbus Day, at the Town of Russia Municipal Office
Building in Poland, New York, SECONDED by Councilman Gauthier. Scheduled Meetings for the 2016 year will be
the following:
January 09, February 13, March 13, April 10, May 08, June 12,
July 10, August 14, September 11, and Tuesday--October 10, Due to Columbus Day Holiday
on 10/09, and November 13, and December
11th. All Special / Work Sessions of the Russia
Town Board will be held at 6 – 6:30 PM before each board meeting.
.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 6-2017----was
offered by Supervisor Donley and she
moved for its adoption to set the PAY SCHEDULES as follow:
Supervisor,
Highway Superintendent, Town Clerk/Secretary, Assessor, Tax Collector, Assessor's Clerk, NYS Codes
Enforcement Officer, Cleaning Person, Court Clerk, and Planning Board/ZBA Board
Secretary to be paid every two weeks on a Thursday,
Deputy Town Supervisor, Budget Officer,
Historian, Registrar and Health Officer to be paid ANNUALLY in the last payroll of November.
Animal
Control Officer, by monthly payment per contract and all other ELECTED OFFICIALS, not aforementioned,
to be paid QUARTERLY, and the final
Quarterly payroll will be paid at the 1st payroll in December of
each year, SECONDED by
Councilman Przelski.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 7-2017----was
offered by Councilman Haver and he moved for its adoption to adopt
the INVESTMENT POLICIES AND GUIDELINES
FOR THE TOWN OF RUSSIA, SECONDED by Councilman Gifford.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 8-2017----was
offered by Councilman Gifford and he
moved for its adoption, DEFINING THE
SCHEDULE OF SALARIES for 2017 as
follow:
OFFICER ELECTED SALARY
TOWN SUPERVISOR $
10,800.
TOWN COUNCIL 4 @ 3,200 each $ 12,800.
TOWN JUSTICE 2 @ 4,750 each $
9,500.
TOWN CLERK $ 26,500.
TAX COLLECTOR $
4,910.
SUPERINTENDENT OF HIGHWAYS $ 39,735.
APPOINTED
OFFICERS
TOWN
BOOKKEEPER $ 7,750.
APPOINTED
ASSESSOR $ 11,000.
ASSESSOR’s CLERK $ 3,500. / $ 10.30 hour
DEPUTY
TOWN CLERK (2) $ 12,500.
/ $ 11.50 hour
DEPUTY
TOWN SUPERVISOR $
400.
COURT
CLERK $ 3,600.
TOWN
BUDGET OFFICER(‘s) (2) @ $ 900 each
$ 1,800.
TOWN
HISTORIAN $ 1,600.
HEALTH
OFFICER $
500.
NYS
CODES ENFORCEMENT OFFICER $ 11,483.
PLANNING
BOARD SECRETARY $ 100. Per meeting
ZBA
BOARD SECRETARY $ 300. $ 10.00/ HR AS USED
PLANNING
BOARD MEMBERS $
20. Per meeting
REGISTRAR
OF VITAL STATISTICS $
700.
RECORDS
MANAGEMEMT OFFICER $
500.
RECORD
MANAGEMENT CLERK $
10.00 per hour as used
OFFICE
CLEANER $ 10.50
/ per hour
GRIEVANCE
BOARD OF REVIEW CHAIRMAN $ 150.00
GRIEVANCE
BOARD OF REVIEW, 2 members $ 125.00
GRIEVANCE BOARD OF REVIEW Secretary
$ 100.00
Further, no payments will exceed the
budgeted amounts therein, SECONDED by Councilman Przelski.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 9-2017-----was
offered by Councilman Przelski and he moved for its
adoption, that full-time employees
are those hired to work on a Yearly basis, and
that all full-time employees shall be paid $ 18.95 per hour base rate, minimum
/ normal 40 hours per week, under the current TEAMSTERS UNION CONTRACT, per SECTION 6.1.1 Hourly Wages, dated August
1, 2014 to July 31, 2017.
This does not include those hired as
Seasonal and summer (Temporary) employees.
A seasonal employee is an employee who is employed during the winter
months. A Summer (Temporary) employee is
an employee who is employed during the summer months. The
seasonal, part time employees shall be paid 20 cents less and hour.
6. COMPENSATION
6.1 Wage Rates
6.1.1 Hourly Rate: The job rate for the period August 1, 2014 through July
31, 2017 will be as follows, which reflects a wage increase of 2%, RETROACTIVE to August 1, 2014, 2% on August 1, 2015, and 2 % on August 1,
2016.
08-01-2015 08-01-2016
$
18.58 $ 18.95
6.1.2 Longevity: The following longevity will be paid to all full time bargaining
unit members for their continuous years of service with the Town of Russia:
After five years of continuous service (Add 5 cents to base rate
per hour)
After ten years of continuous service (Add 10 cents to base rate
per hour)
After fifteen years of continuous service (Add 15 cents to base
rate per hour).
(At this time, one full-time worker has 16 years, giving
him a 15 cent longevity and another .25 cents as a deputy for $ 19.35 per hour,
and three men have 11 years for the longevity amount of .10 cents which gives
them $ 19.05 per hour offset to their salary)
6.1.3 Incentive for Operating One-Man Snow Plow: Effective August 1, 2011, an incentive will be paid at
the rate of 75¢ per hour to all regular full-time employees within the bargaining
unit while actually plowing snow without a “wingman”. In accordance with the
Fair Labor Standards Act, this incentive pay will be calculated into the
computation of the overtime rate. Payment of this incentive during the period November 1st through December 31st will be
made in a separate check in the month of January; payment of this incentive
for the period January 1st though April
30th will be made in a separate check in the month of May.
6.2 Premium Pay for Overtime
6.2.1 Overtime Rate: Bargaining unit employees shall receive overtime at the
rate of one and one-half times their regular rate for all work in excess forty
hours in any workweek. It is agreed and understood that there will be no
pyramiding of overtime, (i.e., that periods of time worked by the employee for
which he is already paid overtime would not be included to compute overtime for
any further overtime during the work week).
6.2.2 Credit for Paid Leave: Holiday, vacation leave, sick leave, personal leave,
bereavement leave, and jury duty leave will be included as time worked in the
computation of overtime.
6.3 Call-Back Pay
6.3.1 Definition of Call-Back: Call-back is defined as the return of an employee to
work at the direction of Management after the conclusion of his regular work
shift and before the start of his next regular shift.
6.3.2 Compensation: In the event that an employee is called back, as defined
above, such employee shall receive a minimum two hours of pay at time and
one-half his hourly rate of pay.
6.3.3 Start Time: In the event an employee is called back, or otherwise called in
to work, the employee shall use his best efforts to arrive at work in a
reasonable time, and should arrive no later than 45 minutes after being called.
6.3.4 Telephone Requirement: A telephone shall be a necessary condition of employment
for employees to enable the Highway Department Superintendent to reach them for
snow plowing and other duties.
7. PAID LEAVE
7.1 Holidays
7.1.1 Designated Holidays: All bargaining unit employees who have completed the
probationary period shall be entitled to the following holidays without loss of
pay:
New Year’s Day Columbus Day
Good Friday Thanksgiving
Day
Memorial Day Day
After Thanksgiving
Independence Day Christmas
Day
Labor Day
7.1.2 Holiday Occurs on Days Off: In the event a designated holiday occurs on a day for
which an employee is not regularly scheduled to work, the holiday for such
employee will be observed either on the preceding scheduled day of work or on
the succeeding scheduled day of work, as determined by the Superintendent of
Highways. For example, if the holiday occurs on a Saturday and that day is the
employee’s regularly scheduled day off, the employee would observe the holiday
on the preceding Friday
or following Monday, as determined by the Superintendent
of Highways.
7.1.3 Holiday Pay Requirements: To qualify for holiday pay, an employee must work the
last scheduled work day prior to and the next scheduled work day following
such holiday. This provision may be waived if the reason for such absence is
acceptable to management.
7.1.4 Assigned to Work on a Holiday: Employees who are entitled to a paid holiday and who are
required to work on such holiday will be paid at the rate of time and one-half
for all hours worked on such holiday plus “holiday pay” or,
with the approval of the Superintendent of Highways, the employee will be paid
for all hours worked at the employee’s regular rate of pay and schedule another
mutually agreed upon day off with pay within three months following the
holiday. Employees who work on Christmas Day
will be paid double time for all hours worked on such
holiday.
7.1.5 Holiday Pay During Paid Leaves: In the event a designated holiday occurs on an
employee’s regularly scheduled workday and the employee is on a paid leave of absence, the employee will receive holiday pay
for the day and the employee’s leave credits will not be charged for that day.
An employee on unpaid leave from work shall not be entitled to holiday pay.
7.1.6 Compressed Workweeks: Holiday pay to be paid as per the scheduled workday,
i.e., when working compressed schedule of ten hours employees will be paid for
ten hours.
7.2 Vacation Leave
7.2.1 Allowance (back-loaded on January 1st): Vacation allowance for bargaining unit employees shall
be earned on the basis of continuous service with the Town's Highway Department
and each eligible employee will be credited with such earned vacation allowance
as of January 1st following his anniversary date of employment with the Highway
Department.
7.2.2 Credit for Seasonal Employment: An employee who was originally hired as a seasonal
employee and who is subsequently appointed as a full-time regular employee of
the Highway Department and who receives any credit for such seasonal employment
in accordance with this Agreement will have such seniority considered in the
determination of vacation allowance.
7.2.3 Allowance (hired before August 1, 2011): Vacation entitlement shall be as follows:
After Completion of: Vacation Leave:
1-4 years 80 hours
5 years 120
hours
6 years 128
hours
7 years 136
hours
8 years 144
hours
9 years 152
hours
10-14 years 160
hours
15-16 years 168
hours
17-19 years 184
hours
20 years and thereafter 200
hours
7.2.4 Allowance (hired on or after August 1, 2011):
For an employee hired into a
full-time position on or after August 1,
2011, vacation entitlement shall be as follows:
After Completion of: Vacation Leave
6 months 40 hours
1-4 years 80 hours
5-9 years 120
hours
10 years and thereafter 160
hours
7.2.5 Scheduling: All vacation hours over eighty hours must be taken
during the normal July shutdown.
One week of vacation will be taken during the first week
of July. All other vacation time must be scheduled with the Highway
Superintendent's approval between April 1 and November 1.
The employee must receive prior approval from the Superintendent of Highways to take
vacation leave. In the event more employees request vacation leave than minimum
coverage permits, preference in the selection of a vacation period shall be
given to the employee with the most service seniority. Vacation leave may not
be used in increments of less than two hours. It is understood that with
respect to actions, the needs of the Highway Department must be given priority
and vacations may be altered or modified by the Highway Superintendent in the
event of any emergency condition.
7.2.6
Accumulation: Unused vacation allowance will not
accumulate and will be lost if not used.
7.2.7 Vacation Accrual During Unpaid Leave of
Absence: Employees on any unpaid leave from
employment will not accrue or accumulate vacation entitlement. The annual
allowance of vacation leave to be credited for the next year will be adjusted
on a prorated basis, with 260 days equal to 100%.
7.2.8 Termination of Employment: An employee who resigns, retires or is laid off will
receive payment for unused vacation leave to which the employee is properly
entitled at the employee’s then current rate of pay. The Town may request that the arbitrator in a
disciplinary hearing impose loss of vacation leave credits as part of the “just
cause” penalty.
7.3 Sick Leave
7.3.1 Allowance: A full time bargaining member who has completed his probationary
period shall be entitled to paid sick days in the event of absence from work
due to personal illness or disability in accordance with the following
schedule: Employees shall receive eighty hours fully paid sick leave per year
with no accumulation from year to year.
7.3.2 Payment for Unused Sick Leave Credits: The Town of Russia will buyout sick leave at a rate of
100% of the remaining sick days that each full-time bargaining member has
accumulated up to July 31, 2007. The Town of Russia will allow each full time
bargaining member to accumulate eighty hours per year and the Town agrees a
buyout at the rate of 100% each year of hours not used.
7.3.3 Use of Sick Leave: An employee may use sick leave credits for a personal
illness or injury that inhibits the ability to perform the duties of the
employee’s job. An employee may use sick leave credits for medical and dental
appointments that cannot be scheduled during non-work hours. Sick leave credits
may not be used in increments of less than two hours.
7.3.4 Medical Verification: The Town may require medical verification of an
employee’s absence if the Town perceives the employee is abusing sick leave.
7.3.5 Termination of Employment: An employee who resigns, retires, is laid off, or is
terminated from employment due to disciplinary action will not receive payment
for unused sick leave credits.
7.4 Personal Leave
7.4.1 Allowance: An employee will be credited with eighteen hours of paid personal
leave on the first day of January of each year for use during that calendar
year.
7.4.2 New Employees: An employee who is hired after the first day of January
in any given year will be credited with paid personal leave prorated by the number
of months to be worked in the first calendar year of employment.
7.4.3 Accumulation: An employee may not accumulate personal leave credits.
Any personal leave credits remaining unused at close of business on December
31st will be canceled.
7.4.4 Scheduling: An employee must receive prior approval from the
Superintendent of Highways to take personal leave. Personal leave credits may
not be used in increments of less than one hour.
7.4.5 Termination of Employment: An employee who resigns, retires or is laid off will
receive payment for unused personal leave to which the employee is properly
entitled at the employee’s then current rate of pay. The Town may request that the arbitrator in a
disciplinary hearing impose loss of personal leave credits as part of the “just
cause” penalty.
7.5 Bereavement Leave
7.5.1 Allowance: An employee who has completed the probationary period and who is
absent from work because of the death and attendance at the funeral of the
employee's mother, father, brother, sister, spouse, child, step child or
grandchild shall be compensated at his regular rate for any work days missed,
up to a maximum of three days between date of the death and the day after the
burial; and for two days in the event of the death of an employee's grandparent,
current mother-in-law or father-in-law.
7.6 Jury Duty
7.6.1 Notification of Jury Duty: Employees who are called for jury duty shall notify the
Highway Superintendent immediately upon receiving notification of jury duty
obligation.
7.6.2 Leave of Absence: In the event an employee is required to perform jury
duty on a day the employee is scheduled to work, the employee will receive a
paid leave of absence. Such leave will not be subtracted from any of the
employee’s leave credits. Proof of jury duty service must be provided to the
Town.
7.6.3 Return to Duty: An employee called for jury duty shall report for work
for any portion of the working day remaining after he is excused from jury
duty, provided that release from jury duty is prior to 12 o'clock noon.
8. UNPAID LEAVE
8.1 Unpaid Leaves of Absence
8.1.1 Request for Unpaid Leave: Upon presentation of a reason acceptable to the Town, an
unpaid leave of absence, not to exceed ninety calendar days, may be granted to
an employee who has completed the probationary period. Neither seniority nor
benefits shall accumulate during such leave. Except in emergency situations,
application for an unpaid leave must be submitted in writing to the Town Board
for approval at least thirty calendar days in advance.
8.1.2 Conditions of Leave: It is understood and agreed that the granting of an
unpaid leave of absence will be contingent upon the ability of the Town to
employ a seasonal or summer employee to replace the employee requesting such
leave if such replacement is deemed to be necessary.
8.1.3 Return to Work: Upon completion of an approved leave of absence, an
employee shall be entitled return to work in the first available open position
for which the employee is qualified.
9. MEDICAL – DENTAL - VISION
9.1 Health and Hospital Fund
9.1.1 Plan: The Town
of Russia agrees to contribute to the New York State Teamsters Council Health
and Hospital Fund under the HRA Plan
with Dental Plan (Option 1), Vision Plan, and Life and ADD (Option 1). The Town of Russia agrees to fully fund the
Teamsters HRA deductive (which is currently $ 2,600 individual and $ 5,200
two-person or family). It is understood
that the legal plan and supplemental disability plan are no longer included.
9.1.2 Premiums: Effective
December 1, 2011, each employee will have twenty dollars deducted each week
from the employee’s paycheck and the Town will pay balance of the premium for
individual, two person, or family coverage, as the case may be.
10. DISABLED
EMPLOYEES
10.1 Workers' Compensation Insurance
10.1.1 Coverage: In accordance with New York State law, the Town will make available a
Workers’ Compensation plan for job-related injuries or illnesses.
10.1.2 Use of Sick
Leave Credits: An employee may draw from the employee’s sick leave
credits in conjunction with Workers’ Compensation payments to equal, but not
exceed, the employee’s regular daily rate of pay. When the insurance company makes payment, the
Employer shall be reimbursed for that portion of sick leave covered by
insurance. An employee may not use
vacation leave credits to supplement Workers’ Compensation.
10.1.3 Continuation
of Medical Insurance: An
employee who is receiving Workers’ Compensation payments for lost time will
continue to receive medical insurance benefits as set forth in the Health and
Hospital Fund participation agreement.
10.2 Short-Term Disability
Insurance
10.2.1 Coverage: The
Town will make available a short-term disability plan for non-job-related
injuries or illnesses that meets the minimum requirements of New York State
Disability Insurance. The insurance company makes the
determination of whether an employee is eligible for short-term disability
benefits.
10.2.2 Use of Sick Leave
Credits: An employee may draw from the employee’s sick leave
credits in conjunction with the short-term disability payments to equal, but
not exceed, the employee’s regular daily rate of pay. When the fund makes payment, the Employer
will be reimbursed for that portion of sick leave covered by the fund.
10.2.3 Continuation of
Medical Insurance: An
employee who is receiving short-term disability payments for lost time will
continue to receive medical insurance benefits as set forth in the Health and
Hospital Fund participation agreement.
11. GENERAL PROVISIONS
11.1 Work Accouterments
11.1.1 Uniforms: The Town will provide each
employee with five short-sleeve shirts and five long-sleeve shirts with the
Town logo and the employee’s name.
Shirts will be replaced on an as needed basis due to wear and tear. The Town will provide each employee with one
pair of coveralls in September of each year.
11.1.2 Work Shoes: A work shoe allowance of one
hundred twenty-five dollars ($125) will be provided to each full time
bargaining unit employee each year of this agreement. The employee must show receipt for reimbursement.
11.2 Health and Safety
11.2.1: The Town of Russia agrees to
provide a safe and healthy work place environment that complies with all
Federal, State, Local, and Municipality laws.
12 DUE PROCESS PROCEDURES
12.1 Grievance Procedure
12.1.1 Definition: For the purposes of this
Collective Bargaining Agreement, a grievance shall mean and refer to a claimed
violation, misinterpretation or inequitable application of the expressed
provisions of this Collective Bargaining Agreement.
12.1.2 Designation of Union Steward: The Town
recognizes the right of the Union to designate or elect a Union Steward from
the bargaining unit to appear on behalf of the Union to represent employees in
the processing of grievances.
12.1.3 Time Limits: Time limits are established in
each step of the procedure to insure that an alleged violation of the Agreement
will be settled as expeditiously as possible.
It is understood and agreed that if the Town fails to answer a written
grievance within the time limits set forth below, unless mutually extended,
such grievance shall be subject to appeal by the Union to the next higher step
of the procedure. It is also agreed that
no grievance is valid unless appealed within the time limits established.
12.1.4 Procedure:
Step
One - Formal Grievance: The Union may file a formal complaint on behalf of
an aggrieved employee(s). The grievance
shall specify the nature of the grievance, including the section of the
Collective Bargaining Agreement that was allegedly violated and a statement of
facts, times and dates. The Union may
present the matter in writing to the Town Supervisor no later than ten calendar
days from the date on which the grievance is alleged to have occurred or
becomes known to the employee or employees.
The Town Supervisor shall answer the grievance, in writing, within ten
calendar days of the date of receipt of the grievance.
Step
Two – Appeal to Town Board: In the event that the alleged grievance is not
resolved in Step 1, the Union may appeal it within seven calendar days of the
answer in Step 1, in writing, to the Town Board. The Board, or a committee of the Board, will
meet within thirty calendar days of the date of appeal with representatives of
the Union in an effort to resolve the grievance. The Board shall respond, in writing, to the
grievance within fourteen calendar days of the date of such meeting.
Step
Three - Mediation Option: The parties may submit the grievance to mediation
prior to proceeding to Step 4, below, in an effort to resolve the dispute.
Step
Four – Appeal to Arbitration: Any grievance within the scope of this
agreement which is not settled in Step 2 or Step 3 of the Grievance Procedure
may be submitted to an arbitrator in the manner as set forth below.
a.
Notice of intent to appeal any grievances to an arbitrator must be filed, in
writing, with the Town within seven calendar days after the final decision has
been given by the Town under Step 2 or Step 3 of the Grievance Procedure, as
the case may be. If such notice is not
submitted by the Union within the seven days referred to, then the decision of
the Town under the Grievance Procedure shall be final.
b.
Within five days after an Arbitration Notice has been filed, the Union shall
request the New York State Public Employment Relations Board (PERB) to submit
the names of proposed arbitrators. The
arbitrator shall be chosen by the parties in accordance with PERB rules and
regulations.
c.
The arbitrator shall have no power to add to or to subtract from or modify any
provision of this Agreement, or any other terms made supplemental hereto, or to
arbitrate any new provision into this Agreement. The arbitrator's authority is to interpret
and apply the provisions of this Agreement.
d.
The arbitrator shall render his decision within thirty calendar days after the
closing of the arbitration proceedings.
The award shall be signed by the arbitrator and one copy shall be
delivered or mailed to each of the parties.
Nothing in this Agreement shall preclude the arbitrator from rendering
an immediate decision upon the close of the hearing if mutually agreeable to
the parties.
e.
It is understood and agreed that the decision of the arbitrator shall be
binding on the Union and its members, the employee or employees involved and
the Town.
f.
The cost for any services of the arbitrator, including fees and expenses, if
any, shall be borne equally by the Union and the Town. The cost of any additional expenses required
by either party shall be borne by the party requesting such service.
12.2 Disciplinary
Procedure
12.1.1 Discipline for Just Cause: It is agreed
and understood that the Town may discipline, suspend without pay or discharge
any employee of the Highway Department for just cause.
12.2.2 Notice of Discipline: It is further
agreed that the Highway Department Superintendent will notify the Union Steward
of any action taken under this Article.
12.2.3 Appeal of Disciplinary Action: In the event
the disciplined employee desires to contest his discharge or suspension, he
shall reduce his complaint to writing and shall present the complaint to the
Union Steward. The complaint shall be
signed by the employee.
12.2.4 Disciplinary Hearing: If a hearing is
desired, the Union Steward shall file the complaint directly in Step 2 of the
Grievance Procedure within seven calendar days after such discharge or
suspension without pay. The procedure
outlined in 12.1.4, Step 2 shall be followed in the processing of such
complaint.
12.2.5 Appeal to Arbitration: In the event the complaint is not resolved in
Step 2 of the Grievance Procedure, the Union may, if it so desires, process the
grievance to arbitration as outlined in 12.1.4, Step 4.
12.2.6 Civil
Service Rights: The procedure set forth above shall serve as the only
method of resolving challenges to disciplinary action and wholly replaces the
statutory provisions set forth in Section 75 and Section 76 of New York State
Civil Service Law.
13. APPLICATION OF AGREEMENT
13.1 Complete Agreement
13.1.1 It is understood and agreed by the
parties that the terms and conditions contained in this Agreement constitute
the entire agreement and is the final and binding contract.
13.1.2 It is further understood and agreed that
no agreements, alterations or modifications of the terms of this collective
bargaining agreement shall be made or recognized unless executed in writing
between the Town and the Union.
13.1.3 This Agreement settled in full all of
the demands of the Union and the Union agrees that it will make no further
demands of any kind for the duration of the Agreement.
13.2 Duration of Agreement
13.2.1 This Collective Bargaining
Agreement shall be effective from August 1, 2014 through July 31, 2017, unless
otherwise agreed to by the parties.
13.3 Savings
Clause
13.3.1 Should any of the provisions,
portions or applications of this Collective Bargaining Agreement be found to be
invalid by any tribunal of competent jurisdiction, then the provisions,
portions or applications specified in such decision shall be of no force and
effect, but the remainder of this Collective Bargaining Agreement shall
continue to be in full force and effect.
13.3.2 Upon the issuance of such
decision, the Town and the union shall negotiate an adjustment in the affected
provisions, portions or applications with the intention of effecting the
purpose of the provisions, portions or applications.
13.4 Legislative Action
IT IS AGREED BY AND
BETWEEN THE PARTIES THAT ANY PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE
ACTION TO PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING THE
ADDITIONAL FUNDS THEREFORE, SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE
LEGISLATIVE BODY HAS GIVEN APPROVAL.
******************************************************************************
The
HIGHWAY EMPLOYEES, will be paid
Bi-weekly, every other Thursday, and if the payday falls on a Holiday, the
payday will be the last working day prior to the payday. This is subject to the current TEAMSTERS UNION CONTRACT, SECONDED by Supervisor Donley.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
******************************************************************************
RESOLUTION
# 10-2017------was
offered by Councilman Gifford and he moved for its adoption to pay compensation
of .45 cents per mile for the
use of private vehicles for Town business, and further that all mileage will be
figured beginning from the Town of
Russia Municipal Office Building, in Poland, NY, or from their
residence whichever is closer to your destination, (the Town will not pay
employees mileage to report to work OR to the Town Municipal Building), all
officials will be required to fill out the special mileage forms as required,
and turn in mileage each month,
(currently 56 cents for Federal and NYS)
FURTHER, all training programs for Elected
and Appointed officials are to be approved prior by the Town Board, and all
receipts for expenditures, must be provided along with all receipts for thruway
tolls, meals, and mileage using the "to - from" sheets, SECONDED
by Councilman Haver.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 11-2017----was
offered by Councilman Gauthier and
he moved for its adoption to allow expenses up to $ 100.00 per day
per diem, per person for meals, transportation and gratuities and any other
expenses associated with Town training programs, SECONDED by Councilman Przelski.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 12-2017---was
offered by Councilman Gauthier and he moved for its adoption, that we appoint, MARK
ROSE, as ATTORNEY FOR THE TOWN, for the 2017 year, SECONDED by Councilman przelski.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 13-2017---was
offered by Councilman Gauthier and he moved for its adoption, that we appoint, WILLIAM P. SCHMITT as ZBA
ATTORNEY,
for the 2017 year, SECONDED by Supervisor
Donley.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 14--2017----was
offered by Councilman Gifford and he moved for its adoption to name THE EVENING TELEGRAM and the RURAL STAR, as the TOWN'S OFFICIAL NEWSPAPER
for the 2017 year, SECONDED by Councilman Przelski.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 15-2017 ----was
offered by Councilman Gifford and he
moved for its adoption to re-appoint CHRISTINE
WALKER, as a MEMBER OF THE BOARD OF
ASSESSMENT REVIEW, for the period of 5 years of October 1, 2016 to September
30, 2021, SECONDED by Supervisor Donley.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 16-2017----was
offered by Councilman Przelski and
he moved for its adoption to appoint KAREN
DERAGON to serve as Clerk to the Assessor and the Secretary for the
Grievance Board of Review, from January 01, 2017 to December 31, 2017, SECONDED
by Councilman Gifford.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 17-2017 ----was
offered by Councilman Gifford and he
moved for its adoption to re-appoint, HERBERT
BELFIORE, as the NYS CODES ENFORCEMENT OFFICER, to serve
from January 1, 2017 to December 31, 2018, SECONDED by Councilman Haver.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 18-2017 ----was
offered by Councilman Gauthier and
he moved for its adoption to authorize Codes Officer, HERBERT BELFIORE, to
attend the 2017 FLOBOA Conference and Training, held at the RIT Inn and
Conference Center in West Henrietta, NY, in March, 2017, for four nights, and
also for his required training in Montour Falls, NY at the NYS Fire Academy on
February 22 – 24th, March 21-23 and April 18-20th, for NYS
CODES ENFORCEMENT OFFICER, SECONDED by Councilman Przelski.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 19-2017---was
offered by Supervisor Donley and she moved for its adoption, that we appoint, GEORGE MARTIN, as PLANNING BOARD MEMBER, from January 01, 2017 to December 31, 2021, SECONDED
by Councilman Haver.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 20-2017 ----was
offered by Councilman Gifford and he
moved for its adoption to appoint, GILBERT
HAVER, as MEMBER OF THE TOWN PARK
COMMITTEE, for the period of January 1, 2017 to December 31, 2021, SECONDED
by Councilman Przelski.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 21-2017----was
offered by Councilman Gifford and he
moved for its adoption to approve the Animal Shelter Agreement with Hurricane
Kennels and Patricia Scofield as the Dog Control Officer, for the period of January 1, 2017 to December 31, 2017,
and further noted that all money received for the adoption or redemption of
dogs will go to the Town, and be returned to the Hurricane Kennels for the care
and expenses of running the shelter, SECONDED by Supervisor Donley.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
Supervisor
Donley reported that she has appointed RONALD
PREZELSKI to serve as Deputy Town Supervisor for the period of January 1, 2017 to December 31, 2017.
MOTION was offered by Councilman Giffrord
to adjourn the Organizational meeting at 7:03 PM. SECONDED by Councilman Haver. All ayes.
******************************************************************************
The
Regular Town Board Meeting for the Town of Russia, Town Board was called to
order by Supervisor Frances Donley, at 7:04 PM, in the Town of Russia Municipal
Office Building.
PRESENT
AT THE MEETING: Supervisor Donley, Councilman
Gifford, Councilman Gauthier, Councilman Haver, and Councilman Przelski,
Superintendent Jenkins, Town Clerk Barley.
Absent:
ALSO
PRESENT: William Van Gorter, Denise Snyder,
Rich Abbott, Kevin Davis.
PLEDGE OF
ALLEGIANCE TO THE FLAG
This
meeting may be recorded. Anyone wishing
to speak, please stand up, and state your name clearly for our records.
Bill
Vangorder from NYMIR Insurance Company and NBT-MANG INSURANCE AGENCY,
Gloversville, NY office to address the members of the board in regard to our
insurance for 2017 and request for quotes.
He said that they are the exclusive agent for Herkimer County, and they
now cover several other municipalities in our county.NYMIR evolved from the
Association of Towns, the Association of Counties and NYCOM wanting to take the
insurance into their own hands. They are
a reciprocal (run by the members). They
set the rates and run the program, and they also have to collect a
capitalization fee, (set by NYS Law), and it will protect up to
$ 1,000,000
of losses. They are financially strong.
He
communicated with NYMIR, who the Town of Russia left on March 20, 2011, with
our capitalization fees already paid.
There was $ 1,542 of it left on the books, and we could get half back
the 1 st year and the rest in the second year.
Their premiums are level, and we would be under no obligation to
stay.
Looking
over our needs, the rates would increase on the auto ins, and decrease on the
property part of our billing.
They
cover defense on lawsuits, and they may settle frivolous lawsuits
completely. They settle 70 – 75 % of
claims, with no obligation to the claimant.
The claims appeal process to a claims review committee, and they will
make a decision. They will also have the
town employees participate in training, and look over everything at the offices
and garages, to point out any things that could cause a problem later.
He
asked if we were interested in having
them quote the insurance for 2017, and the board members were in agreement to
have him do so.
He
also stated that his company is the designated service representative for the
workers compensation insurance run by the Association of Towns of NYS. No audits mid-term. They take budget, 2 years old and use
it. Public Officials are covered with
them, and there is no tale of claims.
The bill for 2017, end of period, is the cost of their insurance.
We
will need to fill out an application, 2 – 3 hours, and gather data regarding
our offices, garages and other holdings at the town park. He life a sheet with Supervisor Donley that
he will need with information in order to quote the insurance for us. He will be here on Wednesday, about 10:00
am.
Supervisor
Donley thanked him for coming. Mr. VanGorter
thanked the supervisor and board members and he and Ms. Snyder left the board
meeting.
Supervisor
Donley asked our other two guests if they wanted to address the board tonight,
and they said yes that they did. Richard
Abbott spoke regarding what he believes are “deplorable road conditions,” in
the town. He asked why do we sand the
driveway at the end of Black Creek Road, towards the dirt road of Black Creek.
He
said that traveling from Black Creek Road, towards Dover Road, it was very icy,
and he made a telephone call to Herkimer County. It was on December 26th
in the storm when he was stuck on Dover Road. Superintendent Jenkins phoned him
back and said it was 6:15 pm, and that his trucks were in for the night. Mr. Abbott said he used 200 lbs. of salt on
the road just to get home. He plows
driveways in the winter, and when he leaves Newport, their trucks are usually
out. Why do the town of Russia trucks
not get out until 4:30 or 5 am?
Perhaps
we should have apart-time night shift on to do the roads, later in the
evenings, especially to maintain them during the evening rush hours. He understands that the men are tired, but we
need to have the roads taken good care of.
Kevin
Davis said that Military, Black Creek and Hinckley roads are not plowed until
later. In the past the men were out at 3
am in the morning if necessary, before the rust to work, and before the school
buses were out. Now, the plows are not
plowing before the buses are out sometimes, or the people are on their way to
work.
Supervisor
Donley thanked them for bringing this to our attention, and we all want our
roads to be safe and secure for everyone using them. They then left the town meeting.
MOTION offered by Councilman Gauthier and
he moved for its adoption to approve the Minutes of the December 12th, 2016, Regular Town Board Meeting, SECONDED by Councilman Przelski. Vote:
All ayes.
MOTION offered by Councilman Gauthier and
he moved for its adoption to approve the Minutes of the December 27th, 2016, Special End of Year Town Board Meeting, SECONDED by Councilman Gifford. Vote:
All ayes.
MOTION was offered by Supervisor Donley to
approve the Town Clerk's monthly report for December MOTION 2016 to the Town
Supervisor, SECONDED by Councilman Gauthier. Vote: All ayes.
was offered by Councilman Gifford approve the Town
Supervisor's monthly report for December 2016 to the Town Board, SECONDED
by Councilman Haver. Vote: All ayes.
The members of the Town Board reviewed the Bank Statements
and reconciliations for the month ending December 31, 2016, from the
Bookkeeper. Supervisor Donley reported
that the Equipment Reserve Fund is $ 51,216.47, Salt Shed Reserve Fund is $
60,029.26 , and the Bridge Reserve Fund is $ 65,096.20, Data Collection Reserve
Fund is $ 35,613.27 and Empire Zone is
$ 144,818.48, as of December 31, 2016. Total of all Reserve Fund Accounts is: $
356,773.68.
MOTION was offered by Councilman Gauthier
to pay the General Bills, 01 G – 16 G,
as shown on ABSTRACT # 01, for $
11,892.58 for A Fund, and $ 147.62 for B Fund, for a Total of $
12,040.20, as shown on the Cash
Requirements Abstract for January 2017,
SECONDED by
Councilman Przelski. Vote:
All ayes.
MOTION was offered by Councilman Gauthier approving Highway Payrolls, # 26 and
to pay the HIGHWAY
BILLS, 01 H – 03 H, as shown on ABSTRACT
# 01, in the amount of $ 16,078.40 for DA Fund, and $ -0-, for the DB Fund, for a Total of $ 16,078.40, as shown on the CASH REQUIREMENTS ABSTRACT for January
2017, Abstract total is $ 28,118.60, SECONDED by Councilman Przelski.
Vote: All ayes.
The
monthly report from Codes Officer Belfiore was received and filed.
LETTER’s have been received from:
-
DOUGLAS
OSSONT LETTER,
resignation from the Planning Board. We
have openings for two more members at this time.
-
WILLIAM
WEAKLEY, resignation
as of January 25, 2017, midnight from his position as Town Justice.
-
NYS
PARKS, RECREATION AND HISTORIC PRESERVATION, informing us that our application
for the 2016 Town Park Community Center Enhancement Project was not selected
for funding.
-
EMPIRE
STATE DEVELOPMENT, informing
us that our 2016 Consolidated Funding Application was not selected.
-
BOARD
OF ELECTIONS RE: TOWN JUSTICE terms of
office,
and court opinion in regard to terms of office, and possible changing
concurrent terms to staggered terms in a Town of the second class.
Supervisor
Donley was instructed to send a letter to Poland School regarding the Town
Park.
RESOLUTION
# 22-2017----was offered
by Supervisor Donley and she moved for its adoption to authorize a payment of $
1,000, to be immediately paid to NYS Teamsters into the account for the Highway
Employees, and pay $ 2,600 into the account for Jeanne Barley, for HRA Annual
Premium / Debit Card, SECONDED
by Councilman Gifford.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION # 23-2017--- was offered by Councilman Gauthier and he moved for its adoption to
approve the Town Justice’, Louis
Gauthier and William Weakley’s Annual Report to the Town Board for the
period of January 1, 2016 to December 31, 2016, as audited by the Town Board tonight and the Bookkeeper, Michele
Weakley, as soon as possible SECONDED
by Councilman Przelski.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION # 24-2017 -- was
offered by Councilman Haver and he moved for its adoption to
approve the Town Clerk’s Annual Report
to the Town Board for the period of January 1, 2016 to December 31, 2016, as audited by the Town Board tonight,
and the Bookkeeper, Michele Weakley, as soon as possible, SECONDED by Councilman Gifford.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION # 25-2017 -- was
offered by Councilman Przelski and he moved for its adoption to
approve the Town Tax Collector’s Annual
Report to the Town Board for the period of January 1, 2017 to December 31,
2017, as audited by the Town Board
tonight, and the Bookkeeper, Michele Weakley, as soon as possible, SECONDED
by Supervisor Donley.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
MOTION
was
offered by Supervisor Donley authorizing the budget adjustment and transfer to
the following accounts from:
$ 33,032.26 from Revenue CHIP’s Account DB 3501 to CHIP’s Contractual Account
DB
5112.2 (only $ 149,325 in budget
for 2016, and we spent a total $
182,357.26)
SECONDED by Councilman Haver. The Vote:
All ayes.
MOTION
offered
by Councilman Gifford to adjourn the REGULAR TOWN BOARD MEETING at 7:30
PM, SECONDED by Councilman Haver. The Vote: All ayes. Meeting was adjourned.
Respectfully
submitted,
Jeanne M. Barley, Town Clerk/RMC
JANUARY 09,
2017--- ORGANIZATIONAL TOWN BOARD and
REGULAR MONTHLY MEETING MINUTES
The 2017
ORGANIZATIONAL TOWN BOARD MEETING for the Town of Russia, Town Board
was called to order by Supervisor Frances Donley, at 6:35 PM, in the Town of
Russia Municipal Office Building.
PRESENT
AT THE MEETING: Supervisor Donley, Councilmen
Gifford, Haver, Gauthier, and Przelski, Superintendent Jenkins, and Clerk
Barley. Absent:
ALSO
PRESENT: William Van Gorter, Denise Snyder, Rich
Abbott, Kevin Davis.
RESOLUTION
# 1-2017-----was offered by Councilman Haver, and he moved for its
adoption, as per Town Law Section 25, the members of the Town board have fixed
/ directed and approved the form and sufficiency of the sureties of the
official undertaking, as filed in the Office of the Town Clerk, and to further
continue the PUBLIC EMPLOYEE FAITHFUL
PERFORMANCE BLANKET BONDS with the Agent of Record as ONE GROUP, until March 30, 2017, and after that with whatever other
Company may be chosen for the period of March 20, 2017 thereon, for the
Officers of the Town of Russia SECONDED
by Councilman Przelski.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 2-2017----was
offered by Councilman Gifford and he moved for its adoption to adopt
the PROCUREMENT
POLICY for the Town of Russia per Section 104-b of General Municipal
Law be adopted for the 2017 year,
and further that the SUPERINTENDENT OF
HIGHWAYS, be allowed to spend up to $ 5,000 at any one time for parts
and supplies for the Town Garage and equipment, SECONDED by Supervisor
Donley.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 3--2017----was offered by Councilman Przelski
and he moved for its adoption to name M
& T BANK, NEWPORT BRANCH, as the OFFICIAL DEPOSITORY for the Town for the 2017 year, SECONDED by Councilman Gauthier.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 4-2017----was
offered by Councilman Gifford and he moved for its adoption to approve the M & T BANK OF NEWPORT, for the
official depository of WILLIAM W.
WEAKLEY, TOWN JUSTICE, and FIRST
NIAGARA BAMK, MOHAWK STREET, UTICA, NY branch, as the official depository
of LOUIS GAUTHIER, for the 2017 year, SECONDED by Councilman Haver.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 5-2017-----was
offered by Councilman Przelski and she moved for its adoption, to hold all REGULAR TOWN BOARD MEETINGS, on the Second Monday of each month at 7 PM except
the month of October, on Tuesday following Columbus Day, at the Town of Russia Municipal Office
Building in Poland, New York, SECONDED by Councilman Gauthier. Scheduled Meetings for the 2016 year will be
the following:
January 09, February 13, March 13, April 10, May 08, June 12,
July 10, August 14, September 11, and Tuesday--October 10, Due to Columbus Day Holiday
on 10/09, and November 13, and December
11th. All Special / Work Sessions of the Russia
Town Board will be held at 6 – 6:30 PM before each board meeting.
.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 6-2017----was
offered by Supervisor Donley and she
moved for its adoption to set the PAY SCHEDULES as follow:
Supervisor,
Highway Superintendent, Town Clerk/Secretary, Assessor, Tax Collector, Assessor's Clerk, NYS Codes
Enforcement Officer, Cleaning Person, Court Clerk, and Planning Board/ZBA Board
Secretary to be paid every two weeks on a Thursday,
Deputy Town Supervisor, Budget Officer,
Historian, Registrar and Health Officer to be paid ANNUALLY in the last payroll of November.
Animal
Control Officer, by monthly payment per contract and all other ELECTED OFFICIALS, not aforementioned,
to be paid QUARTERLY, and the final
Quarterly payroll will be paid at the 1st payroll in December of
each year, SECONDED by
Councilman Przelski.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 7-2017----was
offered by Councilman Haver and he moved for its adoption to adopt
the INVESTMENT POLICIES AND GUIDELINES
FOR THE TOWN OF RUSSIA, SECONDED by Councilman Gifford.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 8-2017----was
offered by Councilman Gifford and he
moved for its adoption, DEFINING THE
SCHEDULE OF SALARIES for 2017 as
follow:
OFFICER ELECTED SALARY
TOWN SUPERVISOR $
10,800.
TOWN COUNCIL 4 @ 3,200 each $ 12,800.
TOWN JUSTICE 2 @ 4,750 each $
9,500.
TOWN CLERK $ 26,500.
TAX COLLECTOR $
4,910.
SUPERINTENDENT OF HIGHWAYS $ 39,735.
APPOINTED
OFFICERS
TOWN
BOOKKEEPER $ 7,750.
APPOINTED
ASSESSOR $ 11,000.
ASSESSOR’s CLERK $ 3,500. / $ 10.30 hour
DEPUTY
TOWN CLERK (2) $ 12,500.
/ $ 11.50 hour
DEPUTY
TOWN SUPERVISOR $
400.
COURT
CLERK $ 3,600.
TOWN
BUDGET OFFICER(‘s) (2) @ $ 900 each
$ 1,800.
TOWN
HISTORIAN $ 1,600.
HEALTH
OFFICER $
500.
NYS
CODES ENFORCEMENT OFFICER $ 11,483.
PLANNING
BOARD SECRETARY $ 100. Per meeting
ZBA
BOARD SECRETARY $ 300. $ 10.00/ HR AS USED
PLANNING
BOARD MEMBERS $
20. Per meeting
REGISTRAR
OF VITAL STATISTICS $
700.
RECORDS
MANAGEMEMT OFFICER $
500.
RECORD
MANAGEMENT CLERK $
10.00 per hour as used
OFFICE
CLEANER $ 10.50
/ per hour
GRIEVANCE
BOARD OF REVIEW CHAIRMAN $ 150.00
GRIEVANCE
BOARD OF REVIEW, 2 members $ 125.00
GRIEVANCE BOARD OF REVIEW Secretary
$ 100.00
Further, no payments will exceed the
budgeted amounts therein, SECONDED by Councilman Przelski.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 9-2017-----was
offered by Councilman Przelski and he moved for its
adoption, that full-time employees
are those hired to work on a Yearly basis, and
that all full-time employees shall be paid $ 18.95 per hour base rate, minimum
/ normal 40 hours per week, under the current TEAMSTERS UNION CONTRACT, per SECTION 6.1.1 Hourly Wages, dated August
1, 2014 to July 31, 2017.
This does not include those hired as
Seasonal and summer (Temporary) employees.
A seasonal employee is an employee who is employed during the winter
months. A Summer (Temporary) employee is
an employee who is employed during the summer months. The
seasonal, part time employees shall be paid 20 cents less and hour.
6. COMPENSATION
6.1 Wage Rates
6.1.1 Hourly Rate: The job rate for the period August 1, 2014 through July
31, 2017 will be as follows, which reflects a wage increase of 2%, RETROACTIVE to August 1, 2014, 2% on August 1, 2015, and 2 % on August 1,
2016.
08-01-2015 08-01-2016
$
18.58 $ 18.95
6.1.2 Longevity: The following longevity will be paid to all full time bargaining
unit members for their continuous years of service with the Town of Russia:
After five years of continuous service (Add 5 cents to base rate
per hour)
After ten years of continuous service (Add 10 cents to base rate
per hour)
After fifteen years of continuous service (Add 15 cents to base
rate per hour).
(At this time, one full-time worker has 16 years, giving
him a 15 cent longevity and another .25 cents as a deputy for $ 19.35 per hour,
and three men have 11 years for the longevity amount of .10 cents which gives
them $ 19.05 per hour offset to their salary)
6.1.3 Incentive for Operating One-Man Snow Plow: Effective August 1, 2011, an incentive will be paid at
the rate of 75¢ per hour to all regular full-time employees within the bargaining
unit while actually plowing snow without a “wingman”. In accordance with the
Fair Labor Standards Act, this incentive pay will be calculated into the
computation of the overtime rate. Payment of this incentive during the period November 1st through December 31st will be
made in a separate check in the month of January; payment of this incentive
for the period January 1st though April
30th will be made in a separate check in the month of May.
6.2 Premium Pay for Overtime
6.2.1 Overtime Rate: Bargaining unit employees shall receive overtime at the
rate of one and one-half times their regular rate for all work in excess forty
hours in any workweek. It is agreed and understood that there will be no
pyramiding of overtime, (i.e., that periods of time worked by the employee for
which he is already paid overtime would not be included to compute overtime for
any further overtime during the work week).
6.2.2 Credit for Paid Leave: Holiday, vacation leave, sick leave, personal leave,
bereavement leave, and jury duty leave will be included as time worked in the
computation of overtime.
6.3 Call-Back Pay
6.3.1 Definition of Call-Back: Call-back is defined as the return of an employee to
work at the direction of Management after the conclusion of his regular work
shift and before the start of his next regular shift.
6.3.2 Compensation: In the event that an employee is called back, as defined
above, such employee shall receive a minimum two hours of pay at time and
one-half his hourly rate of pay.
6.3.3 Start Time: In the event an employee is called back, or otherwise called in
to work, the employee shall use his best efforts to arrive at work in a
reasonable time, and should arrive no later than 45 minutes after being called.
6.3.4 Telephone Requirement: A telephone shall be a necessary condition of employment
for employees to enable the Highway Department Superintendent to reach them for
snow plowing and other duties.
7. PAID LEAVE
7.1 Holidays
7.1.1 Designated Holidays: All bargaining unit employees who have completed the
probationary period shall be entitled to the following holidays without loss of
pay:
New Year’s Day Columbus Day
Good Friday Thanksgiving
Day
Memorial Day Day
After Thanksgiving
Independence Day Christmas
Day
Labor Day
7.1.2 Holiday Occurs on Days Off: In the event a designated holiday occurs on a day for
which an employee is not regularly scheduled to work, the holiday for such
employee will be observed either on the preceding scheduled day of work or on
the succeeding scheduled day of work, as determined by the Superintendent of
Highways. For example, if the holiday occurs on a Saturday and that day is the
employee’s regularly scheduled day off, the employee would observe the holiday
on the preceding Friday
or following Monday, as determined by the Superintendent
of Highways.
7.1.3 Holiday Pay Requirements: To qualify for holiday pay, an employee must work the
last scheduled work day prior to and the next scheduled work day following
such holiday. This provision may be waived if the reason for such absence is
acceptable to management.
7.1.4 Assigned to Work on a Holiday: Employees who are entitled to a paid holiday and who are
required to work on such holiday will be paid at the rate of time and one-half
for all hours worked on such holiday plus “holiday pay” or,
with the approval of the Superintendent of Highways, the employee will be paid
for all hours worked at the employee’s regular rate of pay and schedule another
mutually agreed upon day off with pay within three months following the
holiday. Employees who work on Christmas Day
will be paid double time for all hours worked on such
holiday.
7.1.5 Holiday Pay During Paid Leaves: In the event a designated holiday occurs on an
employee’s regularly scheduled workday and the employee is on a paid leave of absence, the employee will receive holiday pay
for the day and the employee’s leave credits will not be charged for that day.
An employee on unpaid leave from work shall not be entitled to holiday pay.
7.1.6 Compressed Workweeks: Holiday pay to be paid as per the scheduled workday,
i.e., when working compressed schedule of ten hours employees will be paid for
ten hours.
7.2 Vacation Leave
7.2.1 Allowance (back-loaded on January 1st): Vacation allowance for bargaining unit employees shall
be earned on the basis of continuous service with the Town's Highway Department
and each eligible employee will be credited with such earned vacation allowance
as of January 1st following his anniversary date of employment with the Highway
Department.
7.2.2 Credit for Seasonal Employment: An employee who was originally hired as a seasonal
employee and who is subsequently appointed as a full-time regular employee of
the Highway Department and who receives any credit for such seasonal employment
in accordance with this Agreement will have such seniority considered in the
determination of vacation allowance.
7.2.3 Allowance (hired before August 1, 2011): Vacation entitlement shall be as follows:
After Completion of: Vacation Leave:
1-4 years 80 hours
5 years 120
hours
6 years 128
hours
7 years 136
hours
8 years 144
hours
9 years 152
hours
10-14 years 160
hours
15-16 years 168
hours
17-19 years 184
hours
20 years and thereafter 200
hours
7.2.4 Allowance (hired on or after August 1, 2011):
For an employee hired into a
full-time position on or after August 1,
2011, vacation entitlement shall be as follows:
After Completion of: Vacation Leave
6 months 40 hours
1-4 years 80 hours
5-9 years 120
hours
10 years and thereafter 160
hours
7.2.5 Scheduling: All vacation hours over eighty hours must be taken
during the normal July shutdown.
One week of vacation will be taken during the first week
of July. All other vacation time must be scheduled with the Highway
Superintendent's approval between April 1 and November 1.
The employee must receive prior approval from the Superintendent of Highways to take
vacation leave. In the event more employees request vacation leave than minimum
coverage permits, preference in the selection of a vacation period shall be
given to the employee with the most service seniority. Vacation leave may not
be used in increments of less than two hours. It is understood that with
respect to actions, the needs of the Highway Department must be given priority
and vacations may be altered or modified by the Highway Superintendent in the
event of any emergency condition.
7.2.6
Accumulation: Unused vacation allowance will not
accumulate and will be lost if not used.
7.2.7 Vacation Accrual During Unpaid Leave of
Absence: Employees on any unpaid leave from
employment will not accrue or accumulate vacation entitlement. The annual
allowance of vacation leave to be credited for the next year will be adjusted
on a prorated basis, with 260 days equal to 100%.
7.2.8 Termination of Employment: An employee who resigns, retires or is laid off will
receive payment for unused vacation leave to which the employee is properly
entitled at the employee’s then current rate of pay. The Town may request that the arbitrator in a
disciplinary hearing impose loss of vacation leave credits as part of the “just
cause” penalty.
7.3 Sick Leave
7.3.1 Allowance: A full time bargaining member who has completed his probationary
period shall be entitled to paid sick days in the event of absence from work
due to personal illness or disability in accordance with the following
schedule: Employees shall receive eighty hours fully paid sick leave per year
with no accumulation from year to year.
7.3.2 Payment for Unused Sick Leave Credits: The Town of Russia will buyout sick leave at a rate of
100% of the remaining sick days that each full-time bargaining member has
accumulated up to July 31, 2007. The Town of Russia will allow each full time
bargaining member to accumulate eighty hours per year and the Town agrees a
buyout at the rate of 100% each year of hours not used.
7.3.3 Use of Sick Leave: An employee may use sick leave credits for a personal
illness or injury that inhibits the ability to perform the duties of the
employee’s job. An employee may use sick leave credits for medical and dental
appointments that cannot be scheduled during non-work hours. Sick leave credits
may not be used in increments of less than two hours.
7.3.4 Medical Verification: The Town may require medical verification of an
employee’s absence if the Town perceives the employee is abusing sick leave.
7.3.5 Termination of Employment: An employee who resigns, retires, is laid off, or is
terminated from employment due to disciplinary action will not receive payment
for unused sick leave credits.
7.4 Personal Leave
7.4.1 Allowance: An employee will be credited with eighteen hours of paid personal
leave on the first day of January of each year for use during that calendar
year.
7.4.2 New Employees: An employee who is hired after the first day of January
in any given year will be credited with paid personal leave prorated by the number
of months to be worked in the first calendar year of employment.
7.4.3 Accumulation: An employee may not accumulate personal leave credits.
Any personal leave credits remaining unused at close of business on December
31st will be canceled.
7.4.4 Scheduling: An employee must receive prior approval from the
Superintendent of Highways to take personal leave. Personal leave credits may
not be used in increments of less than one hour.
7.4.5 Termination of Employment: An employee who resigns, retires or is laid off will
receive payment for unused personal leave to which the employee is properly
entitled at the employee’s then current rate of pay. The Town may request that the arbitrator in a
disciplinary hearing impose loss of personal leave credits as part of the “just
cause” penalty.
7.5 Bereavement Leave
7.5.1 Allowance: An employee who has completed the probationary period and who is
absent from work because of the death and attendance at the funeral of the
employee's mother, father, brother, sister, spouse, child, step child or
grandchild shall be compensated at his regular rate for any work days missed,
up to a maximum of three days between date of the death and the day after the
burial; and for two days in the event of the death of an employee's grandparent,
current mother-in-law or father-in-law.
7.6 Jury Duty
7.6.1 Notification of Jury Duty: Employees who are called for jury duty shall notify the
Highway Superintendent immediately upon receiving notification of jury duty
obligation.
7.6.2 Leave of Absence: In the event an employee is required to perform jury
duty on a day the employee is scheduled to work, the employee will receive a
paid leave of absence. Such leave will not be subtracted from any of the
employee’s leave credits. Proof of jury duty service must be provided to the
Town.
7.6.3 Return to Duty: An employee called for jury duty shall report for work
for any portion of the working day remaining after he is excused from jury
duty, provided that release from jury duty is prior to 12 o'clock noon.
8. UNPAID LEAVE
8.1 Unpaid Leaves of Absence
8.1.1 Request for Unpaid Leave: Upon presentation of a reason acceptable to the Town, an
unpaid leave of absence, not to exceed ninety calendar days, may be granted to
an employee who has completed the probationary period. Neither seniority nor
benefits shall accumulate during such leave. Except in emergency situations,
application for an unpaid leave must be submitted in writing to the Town Board
for approval at least thirty calendar days in advance.
8.1.2 Conditions of Leave: It is understood and agreed that the granting of an
unpaid leave of absence will be contingent upon the ability of the Town to
employ a seasonal or summer employee to replace the employee requesting such
leave if such replacement is deemed to be necessary.
8.1.3 Return to Work: Upon completion of an approved leave of absence, an
employee shall be entitled return to work in the first available open position
for which the employee is qualified.
9. MEDICAL – DENTAL - VISION
9.1 Health and Hospital Fund
9.1.1 Plan: The Town
of Russia agrees to contribute to the New York State Teamsters Council Health
and Hospital Fund under the HRA Plan
with Dental Plan (Option 1), Vision Plan, and Life and ADD (Option 1). The Town of Russia agrees to fully fund the
Teamsters HRA deductive (which is currently $ 2,600 individual and $ 5,200
two-person or family). It is understood
that the legal plan and supplemental disability plan are no longer included.
9.1.2 Premiums: Effective
December 1, 2011, each employee will have twenty dollars deducted each week
from the employee’s paycheck and the Town will pay balance of the premium for
individual, two person, or family coverage, as the case may be.
10. DISABLED
EMPLOYEES
10.1 Workers' Compensation Insurance
10.1.1 Coverage: In accordance with New York State law, the Town will make available a
Workers’ Compensation plan for job-related injuries or illnesses.
10.1.2 Use of Sick
Leave Credits: An employee may draw from the employee’s sick leave
credits in conjunction with Workers’ Compensation payments to equal, but not
exceed, the employee’s regular daily rate of pay. When the insurance company makes payment, the
Employer shall be reimbursed for that portion of sick leave covered by
insurance. An employee may not use
vacation leave credits to supplement Workers’ Compensation.
10.1.3 Continuation
of Medical Insurance: An
employee who is receiving Workers’ Compensation payments for lost time will
continue to receive medical insurance benefits as set forth in the Health and
Hospital Fund participation agreement.
10.2 Short-Term Disability
Insurance
10.2.1 Coverage: The
Town will make available a short-term disability plan for non-job-related
injuries or illnesses that meets the minimum requirements of New York State
Disability Insurance. The insurance company makes the
determination of whether an employee is eligible for short-term disability
benefits.
10.2.2 Use of Sick Leave
Credits: An employee may draw from the employee’s sick leave
credits in conjunction with the short-term disability payments to equal, but
not exceed, the employee’s regular daily rate of pay. When the fund makes payment, the Employer
will be reimbursed for that portion of sick leave covered by the fund.
10.2.3 Continuation of
Medical Insurance: An
employee who is receiving short-term disability payments for lost time will
continue to receive medical insurance benefits as set forth in the Health and
Hospital Fund participation agreement.
11. GENERAL PROVISIONS
11.1 Work Accouterments
11.1.1 Uniforms: The Town will provide each
employee with five short-sleeve shirts and five long-sleeve shirts with the
Town logo and the employee’s name.
Shirts will be replaced on an as needed basis due to wear and tear. The Town will provide each employee with one
pair of coveralls in September of each year.
11.1.2 Work Shoes: A work shoe allowance of one
hundred twenty-five dollars ($125) will be provided to each full time
bargaining unit employee each year of this agreement. The employee must show receipt for reimbursement.
11.2 Health and Safety
11.2.1: The Town of Russia agrees to
provide a safe and healthy work place environment that complies with all
Federal, State, Local, and Municipality laws.
12 DUE PROCESS PROCEDURES
12.1 Grievance Procedure
12.1.1 Definition: For the purposes of this
Collective Bargaining Agreement, a grievance shall mean and refer to a claimed
violation, misinterpretation or inequitable application of the expressed
provisions of this Collective Bargaining Agreement.
12.1.2 Designation of Union Steward: The Town
recognizes the right of the Union to designate or elect a Union Steward from
the bargaining unit to appear on behalf of the Union to represent employees in
the processing of grievances.
12.1.3 Time Limits: Time limits are established in
each step of the procedure to insure that an alleged violation of the Agreement
will be settled as expeditiously as possible.
It is understood and agreed that if the Town fails to answer a written
grievance within the time limits set forth below, unless mutually extended,
such grievance shall be subject to appeal by the Union to the next higher step
of the procedure. It is also agreed that
no grievance is valid unless appealed within the time limits established.
12.1.4 Procedure:
Step
One - Formal Grievance: The Union may file a formal complaint on behalf of
an aggrieved employee(s). The grievance
shall specify the nature of the grievance, including the section of the
Collective Bargaining Agreement that was allegedly violated and a statement of
facts, times and dates. The Union may
present the matter in writing to the Town Supervisor no later than ten calendar
days from the date on which the grievance is alleged to have occurred or
becomes known to the employee or employees.
The Town Supervisor shall answer the grievance, in writing, within ten
calendar days of the date of receipt of the grievance.
Step
Two – Appeal to Town Board: In the event that the alleged grievance is not
resolved in Step 1, the Union may appeal it within seven calendar days of the
answer in Step 1, in writing, to the Town Board. The Board, or a committee of the Board, will
meet within thirty calendar days of the date of appeal with representatives of
the Union in an effort to resolve the grievance. The Board shall respond, in writing, to the
grievance within fourteen calendar days of the date of such meeting.
Step
Three - Mediation Option: The parties may submit the grievance to mediation
prior to proceeding to Step 4, below, in an effort to resolve the dispute.
Step
Four – Appeal to Arbitration: Any grievance within the scope of this
agreement which is not settled in Step 2 or Step 3 of the Grievance Procedure
may be submitted to an arbitrator in the manner as set forth below.
a.
Notice of intent to appeal any grievances to an arbitrator must be filed, in
writing, with the Town within seven calendar days after the final decision has
been given by the Town under Step 2 or Step 3 of the Grievance Procedure, as
the case may be. If such notice is not
submitted by the Union within the seven days referred to, then the decision of
the Town under the Grievance Procedure shall be final.
b.
Within five days after an Arbitration Notice has been filed, the Union shall
request the New York State Public Employment Relations Board (PERB) to submit
the names of proposed arbitrators. The
arbitrator shall be chosen by the parties in accordance with PERB rules and
regulations.
c.
The arbitrator shall have no power to add to or to subtract from or modify any
provision of this Agreement, or any other terms made supplemental hereto, or to
arbitrate any new provision into this Agreement. The arbitrator's authority is to interpret
and apply the provisions of this Agreement.
d.
The arbitrator shall render his decision within thirty calendar days after the
closing of the arbitration proceedings.
The award shall be signed by the arbitrator and one copy shall be
delivered or mailed to each of the parties.
Nothing in this Agreement shall preclude the arbitrator from rendering
an immediate decision upon the close of the hearing if mutually agreeable to
the parties.
e.
It is understood and agreed that the decision of the arbitrator shall be
binding on the Union and its members, the employee or employees involved and
the Town.
f.
The cost for any services of the arbitrator, including fees and expenses, if
any, shall be borne equally by the Union and the Town. The cost of any additional expenses required
by either party shall be borne by the party requesting such service.
12.2 Disciplinary
Procedure
12.1.1 Discipline for Just Cause: It is agreed
and understood that the Town may discipline, suspend without pay or discharge
any employee of the Highway Department for just cause.
12.2.2 Notice of Discipline: It is further
agreed that the Highway Department Superintendent will notify the Union Steward
of any action taken under this Article.
12.2.3 Appeal of Disciplinary Action: In the event
the disciplined employee desires to contest his discharge or suspension, he
shall reduce his complaint to writing and shall present the complaint to the
Union Steward. The complaint shall be
signed by the employee.
12.2.4 Disciplinary Hearing: If a hearing is
desired, the Union Steward shall file the complaint directly in Step 2 of the
Grievance Procedure within seven calendar days after such discharge or
suspension without pay. The procedure
outlined in 12.1.4, Step 2 shall be followed in the processing of such
complaint.
12.2.5 Appeal to Arbitration: In the event the complaint is not resolved in
Step 2 of the Grievance Procedure, the Union may, if it so desires, process the
grievance to arbitration as outlined in 12.1.4, Step 4.
12.2.6 Civil
Service Rights: The procedure set forth above shall serve as the only
method of resolving challenges to disciplinary action and wholly replaces the
statutory provisions set forth in Section 75 and Section 76 of New York State
Civil Service Law.
13. APPLICATION OF AGREEMENT
13.1 Complete Agreement
13.1.1 It is understood and agreed by the
parties that the terms and conditions contained in this Agreement constitute
the entire agreement and is the final and binding contract.
13.1.2 It is further understood and agreed that
no agreements, alterations or modifications of the terms of this collective
bargaining agreement shall be made or recognized unless executed in writing
between the Town and the Union.
13.1.3 This Agreement settled in full all of
the demands of the Union and the Union agrees that it will make no further
demands of any kind for the duration of the Agreement.
13.2 Duration of Agreement
13.2.1 This Collective Bargaining
Agreement shall be effective from August 1, 2014 through July 31, 2017, unless
otherwise agreed to by the parties.
13.3 Savings
Clause
13.3.1 Should any of the provisions,
portions or applications of this Collective Bargaining Agreement be found to be
invalid by any tribunal of competent jurisdiction, then the provisions,
portions or applications specified in such decision shall be of no force and
effect, but the remainder of this Collective Bargaining Agreement shall
continue to be in full force and effect.
13.3.2 Upon the issuance of such
decision, the Town and the union shall negotiate an adjustment in the affected
provisions, portions or applications with the intention of effecting the
purpose of the provisions, portions or applications.
13.4 Legislative Action
IT IS AGREED BY AND
BETWEEN THE PARTIES THAT ANY PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE
ACTION TO PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING THE
ADDITIONAL FUNDS THEREFORE, SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE
LEGISLATIVE BODY HAS GIVEN APPROVAL.
******************************************************************************
The
HIGHWAY EMPLOYEES, will be paid
Bi-weekly, every other Thursday, and if the payday falls on a Holiday, the
payday will be the last working day prior to the payday. This is subject to the current TEAMSTERS UNION CONTRACT, SECONDED by Supervisor Donley.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
******************************************************************************
RESOLUTION
# 10-2017------was
offered by Councilman Gifford and he moved for its adoption to pay compensation
of .45 cents per mile for the
use of private vehicles for Town business, and further that all mileage will be
figured beginning from the Town of
Russia Municipal Office Building, in Poland, NY, or from their
residence whichever is closer to your destination, (the Town will not pay
employees mileage to report to work OR to the Town Municipal Building), all
officials will be required to fill out the special mileage forms as required,
and turn in mileage each month,
(currently 56 cents for Federal and NYS)
FURTHER, all training programs for Elected
and Appointed officials are to be approved prior by the Town Board, and all
receipts for expenditures, must be provided along with all receipts for thruway
tolls, meals, and mileage using the "to - from" sheets, SECONDED
by Councilman Haver.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 11-2017----was
offered by Councilman Gauthier and
he moved for its adoption to allow expenses up to $ 100.00 per day
per diem, per person for meals, transportation and gratuities and any other
expenses associated with Town training programs, SECONDED by Councilman Przelski.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 12-2017---was
offered by Councilman Gauthier and he moved for its adoption, that we appoint, MARK
ROSE, as ATTORNEY FOR THE TOWN, for the 2017 year, SECONDED by Councilman przelski.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 13-2017---was
offered by Councilman Gauthier and he moved for its adoption, that we appoint, WILLIAM P. SCHMITT as ZBA
ATTORNEY,
for the 2017 year, SECONDED by Supervisor
Donley.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 14--2017----was
offered by Councilman Gifford and he moved for its adoption to name THE EVENING TELEGRAM and the RURAL STAR, as the TOWN'S OFFICIAL NEWSPAPER
for the 2017 year, SECONDED by Councilman Przelski.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 15-2017 ----was
offered by Councilman Gifford and he
moved for its adoption to re-appoint CHRISTINE
WALKER, as a MEMBER OF THE BOARD OF
ASSESSMENT REVIEW, for the period of 5 years of October 1, 2016 to September
30, 2021, SECONDED by Supervisor Donley.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 16-2017----was
offered by Councilman Przelski and
he moved for its adoption to appoint KAREN
DERAGON to serve as Clerk to the Assessor and the Secretary for the
Grievance Board of Review, from January 01, 2017 to December 31, 2017, SECONDED
by Councilman Gifford.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 17-2017 ----was
offered by Councilman Gifford and he
moved for its adoption to re-appoint, HERBERT
BELFIORE, as the NYS CODES ENFORCEMENT OFFICER, to serve
from January 1, 2017 to December 31, 2018, SECONDED by Councilman Haver.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 18-2017 ----was
offered by Councilman Gauthier and
he moved for its adoption to authorize Codes Officer, HERBERT BELFIORE, to
attend the 2017 FLOBOA Conference and Training, held at the RIT Inn and
Conference Center in West Henrietta, NY, in March, 2017, for four nights, and
also for his required training in Montour Falls, NY at the NYS Fire Academy on
February 22 – 24th, March 21-23 and April 18-20th, for NYS
CODES ENFORCEMENT OFFICER, SECONDED by Councilman Przelski.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 19-2017---was
offered by Supervisor Donley and she moved for its adoption, that we appoint, GEORGE MARTIN, as PLANNING BOARD MEMBER, from January 01, 2017 to December 31, 2021, SECONDED
by Councilman Haver.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 20-2017 ----was
offered by Councilman Gifford and he
moved for its adoption to appoint, GILBERT
HAVER, as MEMBER OF THE TOWN PARK
COMMITTEE, for the period of January 1, 2017 to December 31, 2021, SECONDED
by Councilman Przelski.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION
# 21-2017----was
offered by Councilman Gifford and he
moved for its adoption to approve the Animal Shelter Agreement with Hurricane
Kennels and Patricia Scofield as the Dog Control Officer, for the period of January 1, 2017 to December 31, 2017,
and further noted that all money received for the adoption or redemption of
dogs will go to the Town, and be returned to the Hurricane Kennels for the care
and expenses of running the shelter, SECONDED by Supervisor Donley.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
Supervisor
Donley reported that she has appointed RONALD
PREZELSKI to serve as Deputy Town Supervisor for the period of January 1, 2017 to December 31, 2017.
MOTION was offered by Councilman Giffrord
to adjourn the Organizational meeting at 7:03 PM. SECONDED by Councilman Haver. All ayes.
******************************************************************************
The
Regular Town Board Meeting for the Town of Russia, Town Board was called to
order by Supervisor Frances Donley, at 7:04 PM, in the Town of Russia Municipal
Office Building.
PRESENT
AT THE MEETING: Supervisor Donley, Councilman
Gifford, Councilman Gauthier, Councilman Haver, and Councilman Przelski,
Superintendent Jenkins, Town Clerk Barley.
Absent:
ALSO
PRESENT: William Van Gorter, Denise Snyder,
Rich Abbott, Kevin Davis.
PLEDGE OF
ALLEGIANCE TO THE FLAG
This
meeting may be recorded. Anyone wishing
to speak, please stand up, and state your name clearly for our records.
Bill
Vangorder from NYMIR Insurance Company and NBT-MANG INSURANCE AGENCY,
Gloversville, NY office to address the members of the board in regard to our
insurance for 2017 and request for quotes.
He said that they are the exclusive agent for Herkimer County, and they
now cover several other municipalities in our county.NYMIR evolved from the
Association of Towns, the Association of Counties and NYCOM wanting to take the
insurance into their own hands. They are
a reciprocal (run by the members). They
set the rates and run the program, and they also have to collect a
capitalization fee, (set by NYS Law), and it will protect up to
$ 1,000,000
of losses. They are financially strong.
He
communicated with NYMIR, who the Town of Russia left on March 20, 2011, with
our capitalization fees already paid.
There was $ 1,542 of it left on the books, and we could get half back
the 1 st year and the rest in the second year.
Their premiums are level, and we would be under no obligation to
stay.
Looking
over our needs, the rates would increase on the auto ins, and decrease on the
property part of our billing.
They
cover defense on lawsuits, and they may settle frivolous lawsuits
completely. They settle 70 – 75 % of
claims, with no obligation to the claimant.
The claims appeal process to a claims review committee, and they will
make a decision. They will also have the
town employees participate in training, and look over everything at the offices
and garages, to point out any things that could cause a problem later.
He
asked if we were interested in having
them quote the insurance for 2017, and the board members were in agreement to
have him do so.
He
also stated that his company is the designated service representative for the
workers compensation insurance run by the Association of Towns of NYS. No audits mid-term. They take budget, 2 years old and use
it. Public Officials are covered with
them, and there is no tale of claims.
The bill for 2017, end of period, is the cost of their insurance.
We
will need to fill out an application, 2 – 3 hours, and gather data regarding
our offices, garages and other holdings at the town park. He life a sheet with Supervisor Donley that
he will need with information in order to quote the insurance for us. He will be here on Wednesday, about 10:00
am.
Supervisor
Donley thanked him for coming. Mr. VanGorter
thanked the supervisor and board members and he and Ms. Snyder left the board
meeting.
Supervisor
Donley asked our other two guests if they wanted to address the board tonight,
and they said yes that they did. Richard
Abbott spoke regarding what he believes are “deplorable road conditions,” in
the town. He asked why do we sand the
driveway at the end of Black Creek Road, towards the dirt road of Black Creek.
He
said that traveling from Black Creek Road, towards Dover Road, it was very icy,
and he made a telephone call to Herkimer County. It was on December 26th
in the storm when he was stuck on Dover Road. Superintendent Jenkins phoned him
back and said it was 6:15 pm, and that his trucks were in for the night. Mr. Abbott said he used 200 lbs. of salt on
the road just to get home. He plows
driveways in the winter, and when he leaves Newport, their trucks are usually
out. Why do the town of Russia trucks
not get out until 4:30 or 5 am?
Perhaps
we should have apart-time night shift on to do the roads, later in the
evenings, especially to maintain them during the evening rush hours. He understands that the men are tired, but we
need to have the roads taken good care of.
Kevin
Davis said that Military, Black Creek and Hinckley roads are not plowed until
later. In the past the men were out at 3
am in the morning if necessary, before the rust to work, and before the school
buses were out. Now, the plows are not
plowing before the buses are out sometimes, or the people are on their way to
work.
Supervisor
Donley thanked them for bringing this to our attention, and we all want our
roads to be safe and secure for everyone using them. They then left the town meeting.
MOTION offered by Councilman Gauthier and
he moved for its adoption to approve the Minutes of the December 12th, 2016, Regular Town Board Meeting, SECONDED by Councilman Przelski. Vote:
All ayes.
MOTION offered by Councilman Gauthier and
he moved for its adoption to approve the Minutes of the December 27th, 2016, Special End of Year Town Board Meeting, SECONDED by Councilman Gifford. Vote:
All ayes.
MOTION was offered by Supervisor Donley to
approve the Town Clerk's monthly report for December MOTION 2016 to the Town
Supervisor, SECONDED by Councilman Gauthier. Vote: All ayes.
was offered by Councilman Gifford approve the Town
Supervisor's monthly report for December 2016 to the Town Board, SECONDED
by Councilman Haver. Vote: All ayes.
The members of the Town Board reviewed the Bank Statements
and reconciliations for the month ending December 31, 2016, from the
Bookkeeper. Supervisor Donley reported
that the Equipment Reserve Fund is $ 51,216.47, Salt Shed Reserve Fund is $
60,029.26 , and the Bridge Reserve Fund is $ 65,096.20, Data Collection Reserve
Fund is $ 35,613.27 and Empire Zone is
$ 144,818.48, as of December 31, 2016. Total of all Reserve Fund Accounts is: $
356,773.68.
MOTION was offered by Councilman Gauthier
to pay the General Bills, 01 G – 16 G,
as shown on ABSTRACT # 01, for $
11,892.58 for A Fund, and $ 147.62 for B Fund, for a Total of $
12,040.20, as shown on the Cash
Requirements Abstract for January 2017,
SECONDED by
Councilman Przelski. Vote:
All ayes.
MOTION was offered by Councilman Gauthier approving Highway Payrolls, # 26 and
to pay the HIGHWAY
BILLS, 01 H – 03 H, as shown on ABSTRACT
# 01, in the amount of $ 16,078.40 for DA Fund, and $ -0-, for the DB Fund, for a Total of $ 16,078.40, as shown on the CASH REQUIREMENTS ABSTRACT for January
2017, Abstract total is $ 28,118.60, SECONDED by Councilman Przelski.
Vote: All ayes.
The
monthly report from Codes Officer Belfiore was received and filed.
LETTER’s have been received from:
-
DOUGLAS
OSSONT LETTER,
resignation from the Planning Board. We
have openings for two more members at this time.
-
WILLIAM
WEAKLEY, resignation
as of January 25, 2017, midnight from his position as Town Justice.
-
NYS
PARKS, RECREATION AND HISTORIC PRESERVATION, informing us that our application
for the 2016 Town Park Community Center Enhancement Project was not selected
for funding.
-
EMPIRE
STATE DEVELOPMENT, informing
us that our 2016 Consolidated Funding Application was not selected.
-
BOARD
OF ELECTIONS RE: TOWN JUSTICE terms of
office,
and court opinion in regard to terms of office, and possible changing
concurrent terms to staggered terms in a Town of the second class.
Supervisor
Donley was instructed to send a letter to Poland School regarding the Town
Park.
RESOLUTION
# 22-2017----was offered
by Supervisor Donley and she moved for its adoption to authorize a payment of $
1,000, to be immediately paid to NYS Teamsters into the account for the Highway
Employees, and pay $ 2,600 into the account for Jeanne Barley, for HRA Annual
Premium / Debit Card, SECONDED
by Councilman Gifford.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION # 23-2017--- was offered by Councilman Gauthier and he moved for its adoption to
approve the Town Justice’, Louis
Gauthier and William Weakley’s Annual Report to the Town Board for the
period of January 1, 2016 to December 31, 2016, as audited by the Town Board tonight and the Bookkeeper, Michele
Weakley, as soon as possible SECONDED
by Councilman Przelski.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION # 24-2017 -- was
offered by Councilman Haver and he moved for its adoption to
approve the Town Clerk’s Annual Report
to the Town Board for the period of January 1, 2016 to December 31, 2016, as audited by the Town Board tonight,
and the Bookkeeper, Michele Weakley, as soon as possible, SECONDED by Councilman Gifford.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
RESOLUTION # 25-2017 -- was
offered by Councilman Przelski and he moved for its adoption to
approve the Town Tax Collector’s Annual
Report to the Town Board for the period of January 1, 2017 to December 31,
2017, as audited by the Town Board
tonight, and the Bookkeeper, Michele Weakley, as soon as possible, SECONDED
by Supervisor Donley.
THE VOTE: C. HAVER, AYE C. GIFFORD, AYE
C. PRZELSKI, AYE C. GAUTHIER, AYE
S. DONLEY, AYE
The Vote, being all ayes, the
Resolution is hereby adopted.
MOTION
was
offered by Supervisor Donley authorizing the budget adjustment and transfer to
the following accounts from:
$ 33,032.26 from Revenue CHIP’s Account DB 3501 to CHIP’s Contractual Account
DB
5112.2 (only $ 149,325 in budget
for 2016, and we spent a total $
182,357.26)
SECONDED by Councilman Haver. The Vote:
All ayes.
MOTION
offered
by Councilman Gifford to adjourn the REGULAR TOWN BOARD MEETING at 7:30
PM, SECONDED by Councilman Haver. The Vote: All ayes. Meeting was adjourned.
Respectfully
submitted,
Jeanne M. Barley, Town Clerk/RMC
