City Council

August 18, 2020 CITY OF SARATOGA SPRINGS City Council Meeting Recreation Center 15 Vanderbilt Avenue 7:00 PM 6:55 p.m. – P.H. – 2021-2026 Capital Program 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION 1. 2021 – 2026 Requested Capital Program CONSENT AGENDA 1. Approval of 5/4/2020 Pre-Agenda Transcript 2. Approve Budget Amendments – Insurance 3. Approve Budget Amendments – Regular (Increase) 4. Approve Budget Transfers - Regular 5. Approve Payroll 8/7/2020 $497,307.48 6. Approve Payroll 8/17/2020 $502,363.61 7. Approve Warrant – 2020 20AUG2 $1,338,782.29 8. Approve Warrant – 2020 20MWAUG1 $57,231.09 MAYOR’S DEPARTMENT 1. Announcement: Executive Order 203 NYS Police Reform and Reinvention Collaborative 2. Announcement: Unified Development Ordinance (UDO) – Project Update 3. Discussion and Vote: Resolution in Support of Saratoga Casino Hotel Re-Opening 4. Discussion and Vote: Authorization for Mayor to Sign Amendment to Second Amended and Restated Declaration of Covenants and Restrictions of Stephen Ethier 5. Announcement: Community Development Department Now Accepting Applications for Expanded Economic Development Revolving Loan Program 6. Discussion and Vote: Approval to Pay Invoice for COVID Reimbursement of Zoom Service 7. Discussion and Vote: Authorization for Mayor to Sign Intermunicipal Agreement with Saratoga County Animal Shelter 8. Discussion and Vote: 2021 – 2026 Requested Capital Program ACCOUNTS DEPARTMENT 1. Discussion and Vote: Approval of Mold Policy City Council Meeting 8/18/2020 2. Discussion and Vote: Authorization for Mayor to Sign Contract with EverGreene Architectural Arts, Inc. for the 77th Regiment Memorial 3. Discussion and Vote: Resolution for Electronic Signature 4. Discussion and Vote: Purchasing Policy and Documents 5. Discussion and Vote: Resolution for Official Newspaper of the City of Saratoga Springs 6. Discussion and Vote: Resolution to Adopt Record Retention Schedule LGS-1 7. Award of Bid: Sanitary Wastewater Pump Station Upgrades to Kathleen Suozzo, PE FINANCE DEPARTMENT 1. Announcement: Update: Saratoga Springs and Community Mask-Up Campaign 2. Announcement: Web and Social Media Policy Update 3. Discussion: Update: 2021 Budget and City Finances 4. Discussion and Vote: Approval to Pay Invoice in the Amount of $32,198 to Mesick Cohen Wilson Baker Architects for City Hall Renovations 5. Discussion and Vote: Budget Transfers – Benefits 6. Discussion and Vote: Budget Transfers – Payroll PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Contract with Kathleen Suozzo, PE PLLC for Professional Services for Sanitary Wastewater Pump Station Upgrades 2. Announcement: Update on the Restoration of the NY 77th Regiment Monument PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Contract with Stalker Radar / Applied Concepts 2. Discussion and Vote: Authorization for Mayor to Sign Amendment #3 with Axon 3. Discussion and Vote: Authorization for the Mayor to Sign an Addendum with Huber-Breuer Construction Co., Inc. 4. Discussion and Vote: Authorization for Mayor to Sign an Intermunicipal Agreement with the County of Saratoga 5. Announcement: Make Enforcement Update SUPERVISORS Matt Veitch 1. Nothing at this time. Tara Gaston 1. COVID-19 Update 2. Board Meeting Report 3. County Investigations 4. Public Forum ADJOURN Page 2 of 11 City Council Meeting 8/18/2020 August 18, 2020 CITY OF SARATOGA SPRINGS City Council Meeting Recreation Center 15 Vanderbilt Avenue 7:00 PM PRESENT: Meg Kelly, Mayor Michele Madigan, Commissioner of Finance John P. Franck, Commissioner of Accounts Anthony Scirocco, Commissioner of DPW Robin Dalton, Commissioner of DPS STAFF PRESENT: Lisa Shields, Deputy Mayor Deirdre Ladd, Deputy Commissioner, Finance Maire Masterson, Deputy Commissioner, Accounts Joe O’Neill, Deputy Commissioner of DPW Eileen Finneran, Deputy Commissioner, DPS Vincent DeLeonardis Tara Gaston, Supervisor EXCUSED: Matthew Veitch, Supervisor RECORDING OF PROCEEDING The proceedings of this meeting were taped for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript. PUBLIC HEARINGS 2021 – 2026 Capital Program Mayor Kelly opened the public hearing at 6:55 p.m. Mayor Kelly stated the Capital Committee has completed its ranking for the 2021-2026 program. The full request is attached to her agenda. No one spoke. Mayor Kelly closed the public hearing at 6:57 p.m. CALL TO ORDER Mayor Kelly called the meeting to order at 6:57 p.m. Page 3 of 11 City Council Meeting 8/18/2020 PUBLIC COMMENT Mayor Kelly said the public comment period is limited to a total of 15 minutes and individuals are limited to two minutes. Mayor Kelly opened the public comment period at 6:58 p.m. Sam Brewer of Saratoga Springs commended the Council for choosing a venue for public comment that appears to be safe. Darlene McGraw of Saratoga Springs stated the City is asking people to wear masks but DPW crew is not wearing masks. She is still looking the dollar amount of affordable housing. Mayor Kelly closed the public comment period at 7:01 p.m. PRESENTATION 2021-2026 Requested Capital Program Lisa Shields, Deputy Mayor presented. She advised of the following 18 projects excluding water and sewer projects:  East Side Fire and EMS Facility DPS Fire Station $6,700,000  Mobark "Wood Hog" Tub Grinder DPW Equipment $669,660  Weed Harvester (Replace #179) DPW Equipment $166,720  Loughberry Lake Dam Embankment & Spillway DPW Dam $1,750,000  International Dump Truck (Replace #59) DPW Vehicle $177,466  International Dump Truck (Replace #63) DPW Vehicle $177,466  Misc. City Buildings Repairs & Upgrades DPW Buildings $375,000  Replacement of Existing Local Traffic Signal Control Computers and Ancillary Equipment DPS Traffic Signals $150,000  East Side Storm Water DPW Storm water $275,000  Storm water Improvements DPW Storm water $275,000  Loader (Replace #90) DPW Vehicle $173,337  Loader (Replace #65) DPW Vehicle $173,337  International Dump Truck (Replace #70) DPW Vehicle $177,466  International Dump Truck (Replace #98) DPW Vehicle $177,466  Garbage Truck (Replace #50) DPW Vehicle $78,600  New Holland Mowing Tractor DPW Equipment $109,058  Playground & Facilities REC Playground $500,000  Ice Rink Rehabilitation. The above projects total in excess of $14 million. Water and Sewer projects include:  Water Infrastructure Improvement Plan Infrastructure $1,575,000 (water)  Intl mid-size flat bed with crane Vehicle $79,800 (water)  Wastewater Pump Station Upgrades Pump Stations $250,000 (sewer)  Sewer Main Replacement (sewer) CONSENT AGENDA Mayor Kelly moved and Commissioner Madigan seconded to approve the consent agenda as follows: Page 4 of 11 City Council Meeting 8/18/2020 1. Approval of 5/4/2020 Pre-Agenda Transcript 2. Approve Budget Amendments – Insurance 3. Approve Budget Amendments – Regular (Increase) 4. Approve Budget Transfers - Regular 5. Approve Payroll 8/7/2020 $497,307.48 6. Approve Payroll 8/17/2020 $502,363.61 7. Approve Warrant – 2020 20AUG2 $1,338,782.29 8. Approve Warrant – 2020 20MWAUG1 $57,231.09 Ayes – All MAYOR’S DEPARTMENT Announcement: Executive Order 203 NYS Police Reform and Reinvention Collaborative Mayor Kelly announced the first meeting is tomorrow. Public is welcome to attend, however, due to the governor’s rule on limiting the number of people at a gathering, approximately 30 people will be allowed to attend on a first come first serve basis. The meetings will be videotaped and put on the City’s website. Announcement: Unified Development Ordinance (UDO) – Project Update Mayor Kelly asked Vince DeLeonardis, city attorney, to provide an update. Vince DeLeonardis advised draft one of the UDO was presented in February of last year. Public comment was received through the end of February and draft 2 was expected the end of April. That was put on hold due to the pandemic. It is being worked on again and is expected to be available the week of September 14th. Due to travel restrictions, Camiros will not be able to be here in person so they will be available via Zoom. Discussion and Vote: Resolution in Support of Saratoga Casino Hotel Re-Opening (20-193) Mayor Kelly read the following resolution into the record: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK WHEREAS, since it began as Saratoga Raceway in 1941, the activities on the grounds of the Saratoga Casino Hotel have consistently benefited our City’s economy and identity. They have been an immensely popular attraction for both our local citizens and our year-round visitors, have provided employment to hundreds of people every year, and have supported New York’s harness horse racing industry; and WHEREAS, the COVID-19 pandemic has closed the doors of commercial casinos in New York. Saratoga Casino Hotel has met the challenge responsibly. However, there is little guidance at this time on when a re-opening might be possible. The Saratoga Casino Hotel has spent a great deal of time and resources in formulating a safe re-opening plan that incorporates all the guidelines of the Center for Disease Control and the Department of Health. It provides for proper social distancing, air filtration, screening, personal protective equipment, cleaning and disinfecting of surfaces, capacity limits, and rigid employee and guest protocols, NOW, THEREFORE, BE IT RESOLVED, that this Council hereby states its support of the Saratoga Casino Hotel’s re-opening, and urges state authorities to give their fullest possible consideration to the re-opening plan. Mayor Kelly moved and Commissioner Dalton seconded to adopt the resolution in Support of Saratoga Casino Hotel Re-Opening as included with the agenda. Commissioner Dalton stated the Department of Public Safety reviewed their protocols and felt very comfortable signing off on them. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Amendment to Second Amended and Restated Declaration of Covenants and Restrictions of Stephen Ethier (20-194) Page 5 of 11 City Council Meeting 8/18/2020 Mayor Kelly moved and Commissioner Madigan seconded to authorize the mayor to sign amendment to second amended and restated declaration of covenants and restrictions of Stephen Ethier as included with this agenda. Ayes – All Announcement: Community Development Department Now Accepting Applications for Expanded Economic Development Revolving Loan Program Mayor Kelly announced the Community Development Department is now accepting applications for the expanded Economic Development Revolving Loan Program. Businesses with 10 employees or less and can demonstrate hardship are eligible. Discussion and Vote: Approval to Pay Invoice for COVID Reimbursement of Zoom Service (20-195) Mayor Kelly moved and Commissioner Dalton seconded to approve payment of invoice for COVID reimbursement of zoom service. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Intermunicipal Agreement with Saratoga County Animal Shelter (20-196) Mayor Kelly moved and Commissioner Madigan seconded to authorize the mayor to sign the intermunicipal agreement with Saratoga County Animal Shelter as included with this agenda. Ayes – All Discussion and Vote: 2021 – 2026 Requested Capital Program (20-197) Mayor Kelly moved and Commissioner Dalton seconded to approve the 2021-2026 requested capital program as included with the agenda. Commissioner Madigan stated we continue to see a decline of revenue and don’t see any assistance from the federal government in the near future. I know this represents a vision for the City but we have to make sure we have revenues for these plans. She has voted no for about 7 years and does see this requested budget as one that may need adjustment. Commissioner Scirocco stated he wanted to thank the Committee. It is a difficult process and we always have to find a way to pay for it. This particular budget has 2 items that stand out – the tub grinder and the weed harvester. They did research on these items and the prices are the best they are going to see. Ayes – All ACCOUNTS DEPARTMENT Discussion and Vote: Approval of Mold Policy (20-198) Commissioner Franck advised the mold policy is a requirement of our insurance carrier. The policy has been vetted through the City’s Safety Committee and taken from the EPA. Commissioner Franck moved and Mayor Kelly seconded for the City Council to approve the mold policy as distributed with this agenda. Page 6 of 11 City Council Meeting 8/18/2020 Ayes – All Discussion and Vote: Authorization for Mayor to Sign Contract with EverGreene Architectural Arts, Inc. for the 77th Regiment Memorial (20-199) Commissioner Franck advised that this contract is for the restoration of the 77 th Regiment Memorial in Congress Park that was destroyed. This claim is fully covered by the City’s insurance carrier. Commissioner Franck moved and Commissioner Scirocco seconded to authorize the mayor to sign the contract with EverGreene Architectural Arts, Inc. as included with this agenda. Commissioner Scirocco thanked Marilyn Rivers for her help to get this covered through the insurance. Ayes – All Discussion and Vote: Resolution for Electronic Signature (20-200) Commissioner Franck advised the Commissioner of Accounts is responsible to sign the warrant after passage by the City Council. This resolution keeps with the attempt to become more efficient and allows for electronic signature of the warrant. The resolution is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NY BE IT RESOLVED, by the City Council of the City of Saratoga Springs, New York, as follows: WHEREAS, It is in the public interest for each local government to initiate practices and procedures to keep government functions in efficient operation; and WHEREAS, warrants prepared by the Department of Finance and signed by the Commissioner of Accounts document purchases made by the City and confirm that those purchases conform to City Purchasing Policies and Procedures. Currently, there is no mechanism in place for the signing of warrants by electronic signature, a viable alternative in many situations, NOW, THEREFORE, BE IT RESOLVED, that this Council hereby authorizes the Department of Finance to promulgate regulations for the signing of warrants by electronic signature. Such regulations shall be substantially in accordance with those in use by other governments, and shall be established in writing and filed in the Office of the City Clerk. The regulations shall be supplementary to current city regulations; however, where they conflict with those current regulations the supplementary regulations shall take priority. Commissioner Franck moved and Commissioner Madigan seconded that the City Council adopt the resolution for electronic signature of the warrant as included with this agenda. Ayes – All Discussion and Vote: Purchasing Policy and Documents (20-201) Commissioner Franck thanked all the departments for their help, suggestions, and input regarding the re- write of the Purchasing Policy. One of the key changes to the Purchasing Policy is the allowing of electronic vouchers and requisitions. Commissioner Franck moved and Commissioner Scirocco seconded that the City Council adopt the Purchasing Policy and supporting documents as included with this agenda. Ayes – All Discussion and Vote: Resolution for Official Newspaper of the City of Saratoga Springs Commissioner Franck pulled this item from his agenda. Page 7 of 11 City Council Meeting 8/18/2020 Discussion and Vote: Resolution to Adopt Record Retention Schedule LGS-1 (20-202) The existing MU-1 Retention and Disposition Schedule for New York Local Government Records has been revised. The new schedule name is LGS-1. The new schedule went into effect August 1, 2020 and requires adoption by the City Council to put it into effect for the City of Saratoga Springs. Resolution is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NY BE IT RESOLVED, by the City Council of the City of Saratoga Springs, New York, as follows: WHEREAS, Article 57-A of the New York Arts and Cultural Affairs Law establishes a Retention and Disposition Schedule for New York Local Government Records, known as LGS-1. This schedule contains legal minimum retention periods for local government records, and may be adopted for use by all officers of local government in legally disposing of valueless records listed therein; and WHEREAS, the Council, after due consideration, finds that adopting Schedule LGS-1 would be in the public interest, NOW, THEREFORE, BE IT RESOLVED, in accordance with Article 57-A of the Arts and Cultural Affairs Law, as follows: 1. The City Council hereby adopts Retention and Disposition Schedule for New York Local Governments (LGS-1) 2. Only those records will be disposed of that are described in LGS-1, after they have met the minimum retention periods described therein. 3. Only those records will be disposed of that do not have sufficient administrative, fiscal, legal, or historical value to merit retention beyond established legal minimum periods. 4. This designation shall take effect immediately upon filing in the Office of the City Clerk. Commissioner Franck moved and Commissioner Dalton seconded for the City Council to adopt the resolution included with this agenda that adopts the new LGS-1 Retention and Disposition Schedule for New York Local Government Records. Ayes – All Award of Bid: Sanitary Wastewater Pump Station Upgrades to Kathleen Suozzo, PE (20-203) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for Sanitary Wastewater Pump Station Upgrades to Kathleen Suozzo, PE for an amount not to exceed $54,464. Ayes - All FINANCE DEPARTMENT Announcement: Update: Saratoga Springs and Community Mask-Up Campaign Commissioner Madigan announced the Finance Department along with community partners have been working on a mask campaign. The object of the campaign is to increase business and awareness. Many other communities do have signs about wearing a mask, washing hands, and social distancing. The first phase consists of signs; the second phase will be public service announcements. Announcement: Web and Social Media Policy Update Commissioner Madigan announced IT is a sub-department of the Finance Department. They are going to start revising the web and social media policy. Effective August 1, she made Instagram and Facebook so that comments cannot be made. Discussion: Update: 2021 Budget and City Finances Commissioner Madigan advised we can’t count on federal or state aid to balance our 2020 budget or assist us with our 2021 budget. Sales tax for June trailed 7% from June last year and over sales tax is down 18.11% year to date. Mortgage tax is running near 2020 budgeted amounts. We have some reserves left and not much in fund balance. The deficiency estimated in the last month of the year is $5.3 million. This Page 8 of 11 City Council Meeting 8/18/2020 means the City will not have sufficient cash to make payroll or its bills. Finance is still considering various options. Next year’s budget call letter was sent out and as of yesterday all requested budgets have been received. Requested budgets are well over our projected ability to support them. We do not and will not have the cash in the bank to float that sort of deficit. Commissioner Madigan is considering a 5% tax increase. A 5% tax increase on a home assessed at $200,000 will see an increase of $60. A 5% tax increase would require an override of the current property tax cap and a super majority Council vote. Requested budgets are being entered, proofed, and returned to respective departments as soon as possible. Budget workshops will begin will be scheduled throughout October and through November. Discussion and Vote: Approval to Pay Invoice in the Amount of $32,198 to Mesick Cohen Wilson Baker Architects for City Hall Renovations (20-204) Commissioner Madigan stated purchasing requested Council approve this invoice as work was done outside the scope of a capital contract. The renovation has been completed to her satisfaction. The City is in the practice of paying its bills. Commissioner Madigan moved and Commissioner Dalton seconded to approve payment of invoice in the amount of $32,198 to Mesick Cohen Wilson Baker Architects for City Hall Renovations as included with the agenda. Ayes – All Discussion and Vote: Budget Transfers – Benefits (20-205) Commissioner Madigan moved and Commissioner Dalton seconded to approve budget transfers – benefits as included with this agenda. Ayes – All Discussion and Vote: Budget Transfers – Payroll (20-206) Commissioner Madigan moved and Commissioner Dalton seconded to approve budget transfers – payroll as included with this agenda. Ayes – All PUBLIC WORKS DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Contract with Kathleen Suozzo, PE PLLC for Professional Services for Sanitary Wastewater Pump Station Upgrades (20-207) Commissioner Scirocco advised this vendor will provide construction plans, cost estimates, specifications to bid the project, construction administration, and inspection services. Commissioner Scirocco moved and Commissioner Madigan seconded for the mayor to sign contract with Kathleen Suozzo, PE for professional services for sanitary wastewater pump station upgrades in the amount of $54,464. Ayes – All Announcement: Update on the Restoration of the NY 77th Regiment Monument Page 9 of 11 City Council Meeting 8/18/2020 Commissioner Scirocco announced pieces of the statue are currently being analyzed at the State Police crime. They worked on new cameras and camera locations for all of Congress Park. He thanked Marilyn Rivers again for her assistance with this project. PUBLIC SAFETY DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Contract with Stalker Radar / Applied Concepts (20- 208) Commissioner Dalton advised this contract for traffic speed message board signs. Commissioner Dalton moved and Commissioner Madigan seconded to authorize the mayor to sign the contract with Stalker Radar Applied Concepts. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Amendment #3 with Axon (20-209) Commissioner Dalton advised this amendment is for the police car cameras that require replacement. Commissioner Dalton moved and Mayor Kelly seconded to authorize the mayor to sign contract amendment #3 with Axon. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign an Addendum with Huber-Breuer Construction Co., Inc. (20-210) Commissioner Dalton advised this addendum is to correct the date in the original contract. Commissioner Dalton moved and Commissioner Scirocco seconded to authorize the mayor to sign an addendum with Huber-Breuer Construction Company. Ayes – All Discussion and Vote: Authorization for Mayor to Sign an Intermunicipal Agreement with the County of Saratoga (20-211) Commissioner Dalton advised this agreement with the County is for the use of the parking lot on Woodlawn Avenue. She thanked the County for doing this for the City. Commissioner Dalton moved and Commissioner Madigan seconded to authorize the mayor to sign an intermunicipal agreement with the County of Saratoga. Ayes – All Announcement: Make Enforcement Update Commissioner Dalton asked Vince DeLeonardis to speak to the legalities we are coming up against. Vince DeLeonardis announce the issue is enforcement of wearing a facemask. Individuals who cannot tolerate wearing a facemask, have a health condition that prevents them from wearing a facemask, who can stay 6 feet apart from others, and are with members of their own family are not required to wear a facemask. Page 10 of 11 City Council Meeting 8/18/2020 SUPERVISORS Tara Gaston COVID-19 Update Supervisor Gaston reported they are still increasing by a few cases every day. The rate of infection at the Kesselring Site is consistent with the population as a whole. Board Meeting Report Supervisor Gaston reported she voted against an alteration of the auction process at today’s meeting. They accepted a public health grant. County Investigations Supervisor Gaston reported a committee has been appointed today to look into if what, if any, disciplinary action should be taken. Public Forum Supervisor Gaston reported she is pulling this item. ADJOURNMENT There being no further business, Mayor Kelly adjourned the meeting at 7:59 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 9/1/2020 Vote: 5 - 0 Page 11 of 11