City Council

December 21, 2021 CITY OF SARATOGA SPRINGS City Council Meeting 474 Broadway 7:00 PM 6:45 PM – P.H. Local Law No. 3 of 2021 – Interlaken PUD P.H. – Maple Dell/Marion Ave. PUD Zoning Amendment P.H. – Smiley-Brackett Cottage as City Landmark P.H. – Weibel Avenue PUD Amendment 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION 1. City Website Updates CONSENT AGENDA 1. Approval of 11/30/2021 UDO Workshop Meeting Minutes 2. Approval of 12/06/2021 Pre-Agenda Meeting Minutes 3. Approval of 12/07/2021 City Council Meeting Minutes 4. Approval of 12/9/2021 City Council Meeting/UDO Minutes 5. Approve Budget Transfers – Regular 6. Approve Budget Amendments – Insurance 7. Approve Budget Amendments – Regular (Increases) 8. Approve Payroll 12/10/21 $431,193.04 9. Approve Payroll 12/17/21 $666,357.84 10. Approve Mid-Warrant 2021 – 12MWDEC5 $4,967,709.00 11. Approve Mid-Warrant 2021 – 2021 MWDEC3 $5,076,158.33 12. Approve Mid-Warrant 2021 – 21MWDEC4 $4,309,216.55 13. Approve Warrant 2021 – 21DEC2 $897,156.82 MAYOR’S DEPARTMENT 1. Announcement: 2022 Community Development Block Grant Application Period Open 2. Appointment: Design Review Commission Alternate City Council Meeting 12/21/2021 3. Appointment: Design Review Commission Alternate 4. Appointment: Design Review Commission 5. Appointment: Planning Board 6. Discussion and Vote: Accept the 2021 – 2022 Basketball Sponsors 7. Discussion and Vote: Authorization for Mayor to Sign Addendum #1 with Pillar Design Studios, LLC Pillar Designs 8. Discussion and Vote: Approval to Pay Invoices #1350, #13595, #12972 and #13628 in Total Amount of $1,253.50 to Walton’s Sports Shops 9. Discussion and Vote: Introduction to Ice Promotion 10. Discussion and Vote: Approval to Pay $15,000 Invoice to RK Hite for Work Related to ROW Services – Downtown Connector 11. Discussion and Vote: Approval for Mayor to Sign Contract with Hite and Beaumont for Downtown Connector Trail 12. Discussion and Vote: Authorization for the Mayor to Sign Agreement with Miller, Mannix, Schachner and Hafner for Legal Services 13. Discussion and Vote: Donation of 40 Hours Sick Time from Employee #2615 to Employee #2947 14. Discussion and Vote: Authorization for the Mayor to Sign Renewal Agreement with ESI for EAP in 2022 15. Discussion and Vote: Authorization for Mayor to Execute Collective Bargaining Agreement Between City and Police Administrative Officer’s Unit 16. Discussion and Vote: SEQRA Evaluation for the Unified Development Ordinance 17. Discussion and Vote: Adopt the Unified Development Ordinance 18. Closing Comments ACCOUNTS DEPARTMENT 1. Award of Bid: Land Use Board Legal Counsel to Miller, Mannix, Schachner, and Hafner, LLC 2. Appointment: Stacy Connors as Deputy Commissioner of Accounts 3. Award of Bid: Orthophosphate to Surpass Chemical 4. Award of Bid: Municipal Solid Waste to County Waste 5. Award of Bid: Landfill Post Closure to CT Male Associates 6. Award of Bid: Landfill Gas Operation, Monitoring, and Maintenance to Wehran LFG Services, LLC 7. Award of Bid: Precast Manholes, Catch Basins, Dry Wells, Risers, Frames & Covers to Pallette Stone Corp. 8. Award of Bid: Award of Bid: Portable Barrier System to Advanced Security Technologies, LLC 9. Discussion and Vote: Authorization for Mayor to Sign Contract with Advance Security Technologies for Vehicle Barriers 10. Discussion and Vote: Authorization for Mayor to Sign Contract with Adirondack Cabling and Security 11. Discussion and Vote: Adopt Local Law #3 – Interlaken PUD 12. Discussion and Vote: Smiley Brackett Zoning Amendment 13. Discussion and Vote: SEQRA Evaluation for Maple Dell PUD 14. Discussion and Vote: Zoning Amendment for the Marion Avenue – Maple Dell Planned Unit Development 15. Discussion and Vote: Authorization for Mayor to Sign Contract with Saratoga Springs City Center for Inauguration FINANCE DEPARTMENT 1. Appointment: Climate Smart Committee 2. Discussion and Vote: 2022 Tax Rate Approvals 3. Discussion and Vote: City Fees 2022 4. Discussion and Vote: Approve Title and Salary for “Micro-Computer Systems Manager” 5. Discussion and Vote: Approval to Pay Invoices to Kevin Kling in the Amount of $56.90 for IT Related Expenses Page 2 of 21 City Council Meeting 12/21/2021 6. Discussion and Vote: Authorization for the Mayor to Sign Agreement for Payment in Lieu of Taxes (PILOT) Between and Among the City of Saratoga Springs, 43 Allen Housing Development Fund Company, Inc., 43 Allen Drive, LLC and Peerless Property Holdings, LLC 7. Discussion and Vote: Authorization for Mayor to Sign ClearGov Agreement for Cloud-Based Budget Transparency Program 8. Discussion and Vote: Budget Amendments – Benefits 9. Discussion and Vote: Budget Transfers – Benefits 10. Discussion and Vote: Budget Transfers – Payroll 11. Discussion: Closing Comments PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for Termination of Contract with Surpass Chemical Co., Inc. for Orthophosphate 2. Discussion and Vote: Authorization for Termination of Contract with Casella Waste System, Inc. for Municipal Solid Waste 3. Discussion and Vote: Authorization for Mayor to Sign Contract with CT Male for Post Closure Gas Monitoring 4. Discussion and Vote: Authorization for Mayor to Sign Contract with Wehran for Landfill Operations, Monitoring, and Maintenance Services 5. Discussion and Vote: Authorization for Mayor to Sign Addendum #1 with CT Male for Geyser Crest Well #7 6. Discussion and Vote: Authorization for Mayor to Sign Addendum #1 with CPL Engineering for Professional Services for the Water Treatment Plant Intake Valve 7. Discussion and Vote: Authorization for Mayor to Sign Addendum #3 with Schnabel for Professional Engineering Design and Permitting Services for the Loughberry Lake Dam Spillway Project 8. Discussion and Vote: Authorization for Mayor to Sign Addendum #1 with Creighton Manning for Time Extension of Professional Services for Water Distribution Pipe Replacements – Phase 1 9. Discussion and Vote: Authorization for Mayor to Sign Change Order #1 with Brunswick Electric, Inc. to Provide Electrical Construction Services for Water Distribution Pipe Replacements – Phase 1 10. Discussion and Vote: Authorization for Mayor to Sign Contract with Surpass Chemical Co., Inc. for Orthophosphate SLI-579 11. Discussion and Vote: Authorization for Mayor to Sign Contract with County Waste & Recycling Service, Inc. for Municipal Solid Waste Removal 12. Discussion and Vote: Authorization for Mayor to Sign Contract with Pallette Stone Corp. for Precast Manholes, Catch Basins, Dry Wells, Risers, Frames & Covers 13. Discussion and Vote: Authorization for Mayor to Sign Invoice Cloud Addendum #1 for Electronic Bill Payment & Presentment, Add On for “Chargeback Fee, ACH Reject Fee, PayPal Brands – Chargeback Fee” 14. Discussion and Vote: Authorization for the Mayor to Sign Tree City USA Application 2021 15. Announcement: Celebrating City Hall’s 150th Anniversary and Recognizing the Emergency Renovation and Restoration Project 16. Appointment: Complete Streets Advisory Committee PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign MOA with NYRA 2. Discussion and Vote: Authorization for Mayor to Sign Contract with PlanIT Schedule 3. Discussion and Vote: Authorization for Mayor to Sign Contract with Axon 4. Announcement: Closing Comments SUPERVISORS Matt Veitch 1. 2022 Saratoga County Budget Page 3 of 21 City Council Meeting 12/21/2021 2. Racing & Gaming Committee Update 3. Buildings & Grounds Committee Update 4. Appreciation and Congratulations Tara Gaston 1. COVID-19 Update 2. 2022 Saratoga County Budget ADJOURN Page 4 of 21 City Council Meeting 12/21/2021 December 21, 2021 CITY OF SARATOGA SPRINGS City Council Meeting 7:00 PM PRESENT: Meg Kelly, Mayor Michele Madigan, Commissioner of Finance John Franck, Commissioner of Accounts Anthony Scirocco, Commissioner of DPW Robin Dalton, Commissioner of DPS STAFF PRESENT: Lisa Shields, Deputy Mayor Deirdre Ladd, Deputy Commissioner of Finance Stacy Connors, Deputy Commissioner of Accounts Joe O’Neill, Deputy Commissioner, DPW Eileen Finneran, Deputy Commissioner, DPS Vincent DeLeonardis Matthew Veitch, Supervisor Tara Gaston, Supervisor RECORDING OF PROCEEDING The proceedings of this meeting were taped for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript. PUBLIC HEARINGS Local Law No. 3 of 2021 – Interlaken PUD Mayor Kelly opened the public hearing at 6:50 p.m. Tony Izzo, assistant city attorney, advised the typo is in the title on the agenda. It is not a planned unit development but a special assessment district. There is no typo in the actual local law. Looking to convert this to a conventional special assessment district. No one spoke. Mayor Kelly closed the public hearing at 6:53 p.m. Maple Dell/Marion Ave. PUD Zoning Amendment Mayor Kelly opened the public hearing at 6:53 p.m. Commissioner Franck advised this is going to need a super majority vote to pass. Page 5 of 21 City Council Meeting 12/21/2021 Vince DeLeonardis, city attorney, advised they received a protest petition that triggers the super majority vote. Joe Iacapone of Maple Dell thanked the Council for the time they have given this matter. The neighborhood has expressed intense objection to this PUD. This is a residential neighborhood made up of more than one street. They are against converting residential lots to commercial. They don’t want a car wash on a residential lot near a water supply. They look forward to the Council’s NO vote tonight. Mayor Kelly closed the public hearing at 6:57 p.m. Smiley-Brackett Cottage as City Landmark Mayor Kelly opened the public hearing at 6:57 p.m. Commissioner Franck this is for inclusion of the Smiley-Brackett Cottage as a City landmark. Samantha Bosshart of the Saratoga Preservation Foundation thanked the Council for accepting this application for review. The history of this building speaks for itself. It is truly unique and has associations with Sara Smiley and Charles Brackett. The state has determined this property worthy of individual listing. This also provides us the opportunity to recognize women’s history. She asked the Council to think beyond today and preserve for the next generation. Daniel of Jewett of 166 Excelsior Avenue is the owner of this property. Prior to being the owner, he was the caretaker. He was not notified of the last City Council regarding his property. He didn’t have an opportunity to seek counsel to advise his interest to protect himself and his heirs. There have been misrepresentations made by the Preservation Foundation. Dr. Williams of Saratoga Springs stated Mr. Jewett really cares about his place. He is seeking counsel to get a fair deal. Sherry Grey of Saratoga Springs stated she was on the Preservation Foundation Board when Tom Frost met with the owner of the Smiley-Brackett Cottage. They had many meetings regarding the property and how to prevent the building from collapsing. It is an important building. Robert Aldin of South Loughberry Road stated he supports Dan to do what he wants to do with his property. Samantha Bosshart responded by stating she is sorry Mr. Jewett feels this way. They have sent letters over the years with no response and placed calls to Mr. Jewett with no response. The Historic Review Ordinance does not require owner consent. Mayor Kelly closed the public hearing at 7:15 p.m. Weibel Avenue PUD Amendment Mayor Kelly opened the public hearing at 7:15 p.m. Vince DeLeonardis, city attorney, advised this will remain open. They were expecting information from the applicant but have not yet received it. No one spoke. Mayor Kelly concluded the public hearing at 7:16 p.m. and left it open. Page 6 of 21 City Council Meeting 12/21/2021 CALL TO ORDER Commissioner Madigan called the meeting to order at 7:16 p.m. PUBLIC COMMENT Commissioner Madigan opened the public comment period at 7:17 p.m. Angela Kaufmann of Saratoga stated she found the perfect gift for the mayor to learn the difference between cockroaches and her colleagues. Samira Sangare of Clifton Park ran through a list of events that occurred during the current administration’s tenure. Nedra Hickenbottom of Saratoga Springs stated arresting her kids is a joke to the Council. She wants to see the charges dropped. Chandler Hickenbottom of Ballston Spa stated she is going to stay up there as long as she wants. You all are really gross disgusting people. Matthew Marshall of Albany stated this is not fun for anyone. People here are beholden to the public. Gabrielle Elliott of Ballston Spa stated the Commissioner Dalton and Mayor Kelly looked at her outside the Police Department the night of Lexis’ arrest and pretended they didn’t know why she was there. You have caused enough damage. Elz Figuereo of Saratoga Springs stated him stating his sister takes care of Mayor Kelly’s sister is not evil. She doesn’t say thank you for his sister taking care of her sister. Commissioner Madigan closed the public comment period at 7:42 p.m. PRESENTATION City Website Updates Deirdre Ladd, Deputy Commissioner of Finance presented the updated/refresh of the City’s website. This newly designed website will be launched tomorrow. All content will be put in the new design format. CONSENT AGENDA Mayor Kelly moved and Commissioner Dalton seconded to approve the consent agenda as follows: 1. Approval of 11/30/2021 UDO Workshop Meeting Minutes 2. Approval of 12/06/2021 Pre-Agenda Meeting Minutes 3. Approval of 12/07/2021 City Council Meeting Minutes 4. Approval of 12/9/2021 City Council Meeting/UDO Minutes 5. Approve Budget Transfers – Regular 6. Approve Budget Amendments – Insurance 7. Approve Budget Amendments – Regular (Increases) 8. Approve Payroll 12/10/21 $431,193.04 9. Approve Payroll 12/17/21 $666,357.84 10. Approve Mid-Warrant 2021 – 12MWDEC5 $4,967,709.00 11. Approve Mid-Warrant 2021 – 2021MWDEC3 $5,076,158.33 12. Approve Mid-Warrant 2021 – 21MWDEC4 $4,309,216.55 Page 7 of 21 City Council Meeting 12/21/2021 13. Approve Warrant 2021 – 21DEC2 $897,156.82 Commissioner Madigan advised there is a typo in item #10. It should read Mid-Warrant 2021 – 21MWDEC5. There is also a typo in #11. It should read 21MWDEC3. Ayes – All MAYOR’S DEPARTMENT Announcement: 2022 Community Development Block Grant Application Period Open Mayor Kelly announced the 2022 Community Development Block Grant applications are currently being accepted through 4:30 p.m. January 31, 2021. Appointment: Design Review Commission Alternate Mayor Kelly appointed Christina Muir Vagvolgyi as an alternate to the Design Review Commission. The term will run from 12/21/21 - 6/30/22. Appointment: Design Review Commission Alternate Mayor Kelly appointed Karen Covatta as an alternate to the Design Review Commission. The term will run from 12/21/21 - 6/30/23. Appointment: Design Review Commission Mayor Kelly appointed Jeff Gritsavage to the Design Review Commission. The term will run from 12/21/21 - 6/30/2026. Appointment: Planning Board Mayor Kelly appointed Chuck Marshall as an alternate to the Planning Board. The term will run from 12/21/21 - 12/31/25. Discussion and Vote: Accept the 2021 – 2022 Basketball Sponsors (21-533) The following are 2021 – 2022 basketball sponsors: Adirondack Trust for $275; Adirondack Insurance/Amsure for $275; AFSCO Fence for $275; Allerdice Building Supply for $275; Bonacio Construction for $275; Cudney’s Launderers for $275; Flatbread Social for $275; Henry Street Taproom for $275; Holiday Inn for $275; Saratoga Spirit-Malloy Partners for $275; Principessa Elena Women’s Club Auxillary for $275; Saratoga PBA (2 teams) for $500; Saratoga Rotary Club for $275; Saratoga Springs Fire Department Local 343 for $275; Saratoga Springs Lions for $275; and Saratoga Wilton Elks – Lodge 161 for $275. Mayor Kelly moved and Commissioner Franck seconded to accept the 2021 – 2022 basketball sponsors. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Addendum #1 with Pillar Design Studios, LLC Pillar Designs (21-534) Mayor Kelly moved and Commissioner Madigan seconded to authorize the mayor to sign addendum #1 with Pillar Design, LLC Pillar Designs. Page 8 of 21 City Council Meeting 12/21/2021 Ayes – All Discussion and Vote: Approval to Pay Invoices #13530, #13553, #13595, #12972 and #13628 in Total Amount of $1,253.50 to Walton’s Sports Shops (21-535) Mayor Kelly advised the invoices are more than 30 days old and require Council approval to pay. Mayor Kelly moved and Commissioner Franck seconded to approve payment of invoices #13530, #13553, #13595, #12972 and #13628 in total amount of $1,253.50. Ayes – All Discussion and Vote: Introduction to Ice Promotion (21-536) Mayor Kelly advised the Recreation Department is recommending issuing a minimum of 100 passes with an approximate value of $1,000 up to a maximum of 200 passes at an approximate value of $2,000 to increase attendance during open public and family skate sessions. Mayor Kelly moved and Commissioner Madigan seconded authorize the introduction to ice promotion. Ayes – All Discussion and Vote: Approval to Pay $15,000 Invoice to RK Hite for Work Related to ROW Services – Downtown Connector (21-537) Mayor Kelly advised in the original agreement, Greenman Pedersen included RK Hite as a subcontractor to provide legal services for the right of way work for the downtown connector. Mayor Kelly moved and Commissioner Madigan seconded to approve payment of $15,000 invoice to RK Hite for work related to right of way services for the downtown connector. Ayes – All Discussion and Vote: Approval for Mayor to Sign Contract with Hite and Beaumont for Downtown Connector Trail (21-538) Mayor Kelly advised Hite and Beaumont will provide legal services in support of the City Attorney’s Office defense of the EDPL Article 5 claim. Mayor Kelly moved and Commissioner Franck seconded to authorize the mayor to sign contract with Hite and Beaumont for downtown connector trail. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign Agreement with Miller, Mannix, Schachner and Hafner for Legal Services (21-539) Mayor Kelly moved and Commissioner Madigan seconded to authorize the mayor to sign agreement with Miller, Mannix, Schachner and Hafner for legal services. Ayes – All Discussion and Vote: Donation of 40 Hours Sick Time from Employee #2615 to Employee #2947 (21-540) Mayor Kelly stated this is a correction from the last Council meeting. Page 9 of 21 City Council Meeting 12/21/2021 Mayor Kelly moved and Commissioner Franck seconded to authorize the donation of 40 hours sick time from employee #2615 to employee #2947. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign Renewal Agreement with ESI for EAP in 2022 (21-541) Mayor Kelly moved and Commissioner Franck seconded to authorize the mayor to sign renewal agreement with ESI for EAP in 2022. Ayes – All Discussion and Vote: Authorization for Mayor to Execute Collective Bargaining Agreement Between City and Police Administrative Officer’s Unit (21-542) Mayor Kelly moved and Commissioner Madigan seconded to authorize the mayor to execute collective bargaining agreement between City and Police Administrative Officer’s Unit. Ayes – All Discussion and Vote: SEQRA Evaluation for the Unified Development Ordinance (21-543) Vince DeLeonardis read the proposed answers to each question of the SEQRA review (attached). He also advised that a friendly amendment will be made to incorporated relating to the Smiley Brackett Cottage. Mayor Kelly moved and Commissioner Madigan seconded upon review of the information recorded on this recorded on this EAF as noted and considering both the magnitude and importance of each identified potential impact, it is the conclusion of the Saratoga Springs City Council, as lead agency, that this project will result in no significant adverse impacts on the environment and therefore an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued. Ayes - All Discussion and Vote: Adopt the Unified Development Ordinance (21-544) Mayor Kelly moved and Commissioner Madigan seconded to adopt the Unified Development Ordinance as published with this agenda on the City website and include the friendly amendment of the historic designation of the Smiley Brackett Cottage. Commissioner Madigan stated a lot of hard work has been put into this. She believes this is a good document that will work well for the City in the future. She will be supporting this. Commissioner Scirocco stated he has some concerns. It doesn’t do enough to protect the greenbelt and the language can be a little stronger. He can’t support it. Commissioner Dalton stated she has serious objections to this UDO that have not been addressed. She will not be voting in favor of this. Commissioner Franck stated he is going to vote for this. The next Council can make as many changes as they want to this document. Ayes – 3 Nays – 2 (Commissioner Scirocco and Commissioner Dalton) Page 10 of 21 City Council Meeting 12/21/2021 Mayor Kelly moved and Commissioner Madigan second to add an item to her agenda. (21-545) Ayes - All Discussion and Vote: Approval to Pay invoice for Harris Beach for Legal Services for Ethics Matter (21- 546) Mayor Kelly moved and Commissioner Madigan seconded to approve payment of invoice for Harris Beach for legal services for ethics matter. Ayes - All Closing Comments Mayor Kelly thanked the citizens of Saratoga Springs. With her great team, they have accomplished a lot. With a pandemic and upheaval in our streets, this administration accomplished more than other administrations ever dreamed. They completed the long-await parking structure; secured the land for the third firehouse; completed the Geyser Trail; passed the Unified Development Ordinance; ended the gun shows; food drives; new playgrounds throughout the City; creation of the first homeless court; testified in Albany to have VLT monies reinstated; all seven union contracts are up to date and secure for coming years; and created a tracking system on workloads. ACCOUNTS DEPARTMENT Award of Bid: Land Use Board Legal Counsel to Miller, Mannix, Schachner, and Hafner, LLC (21-547) Commissioner Franck moved and Commissioner Madigan seconded to award the bid for Land Use Board Legal Counsel to Miller, Mannix, Schachner, and Hafner, LLC at a rate of $230 per hour and not to exceed $50,000. Ayes – All Appointment: Stacy Connors as Deputy Commissioner of Accounts Commissioner Franck appointed Stacy Connors as Deputy Commissioner of Accounts. Stacy graciously agreed to start early to assist with the transition process. She served more than 14 years in staff leadership positions at the Iroquois Healthcare Association, a major coalition of hospitals and healthcare providers. Her background in advocacy, communications, and customer service will prove to be an asset for the department and City residents. Award of Bid: Orthophosphate to Surpass Chemical (21-548) Commissioner Franck moved and Commissioner Scirocco seconded to award of bid for orthophosphate for the Year 2022 to Surpass Chemical at $1.33 per pound, not to exceed $70,048.44. Ayes - All Award of Bid: Municipal Solid Waste to County Waste (21-549) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for municipal solid waste to County Waste in the amount not to exceed $86,430. Ayes - All Page 11 of 21 City Council Meeting 12/21/2021 Award of Bid: Landfill Post Closure to CT Male Associates (21-550) Commissioner Franck moved and Commissioner Scirocco award the bid for landfill post closure to CT Male Associates in the amount not to exceed $11,414. Ayes - All Award of Bid: Landfill Gas Operation, Monitoring, and Maintenance to Wehran LFG Services, LLC (21-551) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for landfill gas operation monitoring and maintenance to Wehran LFG Services, LLC in the amount not to exceed $17,760. Ayes - All Award of Bid: Precast Manholes, Catch Basins, Dry Wells, Risers, Frames & Covers to Pallette Stone Corp. (21-552) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for precast manholes, catch basins, dry wells, risers, frames & covers to Pallette Stone Corp. in the amount not to exceed $80,853. Ayes – All Award of Bid: Award of Bid: Portable Barrier System to Advanced Security Technologies, LLC (21-553) Commissioner Franck moved and Commissioner Scirocco seconded to award the bid for portable barrier systems to Advanced Security Technologies, LLC for an amount not to exceed $40,052. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Contract with Advance Security Technologies for Vehicle Barriers (21-554) Commissioner Franck moved and Commissioner Madigan seconded to authorize the mayor to sign the contract with Advanced Security Technologies for vehicle barriers as included with the agenda. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Contract with Adirondack Cabling and Security (21- 555) Commissioner Franck moved and Mayor Kelly seconded to authorize the mayor to sign a contract with Adirondack Cabling and Security as included with the agenda. Ayes - All Discussion and Vote: Adopt Local Law #3 – Interlaken (21-556) Commissioner Franck moved and Mayor Kelly seconded to adopt the Interlaken Special Assessment District local law as included with the agenda. Ayes - All Discussion and Vote: Smiley Brackett Zoning Amendment (21-557) Page 12 of 21 City Council Meeting 12/21/2021 Commissioner Franck advised this public hearing was closed earlier this evening and does not require SEQRA evaluation. Commissioner Franck moved and Commissioner Dalton seconded that the proposed action is a Type II action and the action of designation of a local landmark or inclusion within a historic district has been determined to be precluded from environmental review under Environmental Conservation Law, Article 8. Therefore, I propose the Smiley-Brackett Cottage be designated as a local landmark within the City of Saratoga Springs. Ayes - All Discussion and Vote: SEQRA Evaluation for Maple Dell PUD (21-558) Vince DeLeonardis read the questions and proposed answers to the SEQRA evaluation for Maple Dell PUD (copy attached). Commissioner Franck moved and Commissioner Madigan seconded that upon the review of the information recorded on this EAF as noted plus the additional support information, traffic generation assessment, conducted by Creighton Manning, updated on October 20, 2021, letter from OPRHP dated May 6, 2021 stating no properties, including archeological and historical resources listed in or eligible for the New York State or National Register of Historic Places will be impacted by this project and considering both the magnitude and importance of each identified potential impact, it is the conclusion of the Saratoga Springs City Council, as lead agency, that this project will result in no significant adverse impact on the environment and therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued. Commissioner Scirocco stated he will be voting NO as it is not consistent with the Comprehensive Plan. Also, the neighbors are not happy with what is going to take place. Ayes – 3 Nays – 2 (Commissioner Scirocco and Commissioner Dalton) Discussion and Vote: Zoning Amendment for the Marion Avenue – Maple Dell Planned Unit Development (21-559) Vince reminded the Council that a super majority vote is required for this to pass. Commissioner Franck moved and Commissioner Madigan seconded for the City Council to approve the zoning amendment for the Marion Avenue – Maple Dell Planned Unit Development as submitted and described. Commissioner Madigan advised many changes have been made to the original plan. This is headed in the right direction but could have benefited the neighborhood. Commissioner Scirocco stated he feels it needs more work. Mayor Kelly stated it should stay as it is or it doesn’t. Commissioner Dalton stated this neighborhood doesn’t want this. The Planning Board laid out why it doesn’t fit. Roll Call: Commissioner Franck – Nay Commissioner Madigan – Aye Commissioner Scirocco – Nay Commissioner Dalton – Nay Page 13 of 21 City Council Meeting 12/21/2021 Mayor Kelly - Aye Discussion and Vote: Authorization for Mayor to Sign Contract with Saratoga Springs City Center for Inauguration (21-560) Commissioner Franck advised the inauguration of the new administration will be held on January 1, 2022 at the Saratoga Springs City Center. Commissioner Franck moved and Commissioner Madigan seconded for the mayor to sign the contract with Saratoga Springs City Center for inauguration day, January 1, 2022 as included with the agenda. Ayes - All FINANCE DEPARTMENT Commissioner Madigan announced the year-end City Council meeting will be held December 29, 2021 at 11 a.m. This will be for final transfers and amendments. Appointment: Climate Smart Committee Commissioner Madigan appointed Deirdre O’Dwyer-Ladd to the Climate Smart Committee. Discussion and Vote: 2022 Tax Rate Approvals (21-561) Commissioner Madigan advised the tax rate is per $1,000 of assess value. Inside is $6.4306 out $6.3727. Commissioner Madigan moved and Commissioner Scirocco seconded to approve the 2022 tax rates as included with the agenda. Ayes – All Discussion and Vote: City Fees 2022 (21-562) Commissioner Madigan moved and Commissioner Franck seconded to approve the 2022 City fees as included with the agenda. Ayes – All Discussion and Vote: Approve Title and Salary for “Micro-Computer Systems Manager” (21-563) Commissioner Madigan advised the title will work with the Public Safety Department. The salary being proposed is a $75,702, grade 14 step 9. Commissioner Madigan moved and Commissioner Dalton seconded to approve the title micro- computer specialist manager to be included in the CSEA City Hall Union as a grade 14 step 9 as described with the agenda. Ayes – All Discussion and Vote: Approval to Pay Invoices to Kevin Kling in the Amount of $56.90 for IT Related Expenses (21-564) Commissioner Madigan moved and Commissioner Franck seconded to approve payment of invoices to Kevin Kling in the amount of $56.90 for IT related expenses as included with the agenda. Page 14 of 21 City Council Meeting 12/21/2021 Ayes – All Discussion and Vote: Authorization for the Mayor to Sign Agreement for Payment in Lieu of Taxes (PILOT) Between and Among the City of Saratoga Springs, 43 Allen Housing Development Fund Company, Inc., 43 Allen Drive, LLC and Peerless Property Holdings, LLC (21-565) Commissioner Madigan Vince DeLeonardis advised 43 Allen Drive was originally part of a PILOT agreement with the Allendale. This property was removed from that PILOT agreement and is now its own PILOT agreement. Commission Madigan moved and Commissioner Franck seconded to authorize the mayor to sign agreement for payment in lieu of taxes (PILOT) between and among the City of Saratoga Springs, 43 Allen Housing Development Fund Company, Inc., 43 Allen Drive, LLC and Peerless Property Holdings, LLC as included with the agenda. Ayes – All Discussion and Vote: Authorization for Mayor to Sign ClearGov Agreement for Cloud-Based Budget Transparency Program (21-566) Commissioner Madigan advised this agreement allows the City to increase and update its budget data transparency on the website. Commissioner Madigan moved and Commissioner Dalton seconded to authorize the mayor to sign ClearGov agreement documents for cloud-based budget transparency program as included with the agenda. Ayes – All Discussion and Vote: Budget Amendments – Benefits (21-567) Commissioner Madigan moved and Commissioner Franck seconded to approve budget amendments – benefits as included with the agenda. Ayes – All Discussion and Vote: Budget Transfers – Benefits (21-568) Commissioner Madigan moved and Commissioner Franck seconded to approve budget transfers – benefits as included with the agenda. Ayes – All Discussion and Vote: Budget Transfers – Payroll (21-569) Commissioner Madigan moved and Commissioner Scirocco seconded to approve budget transfers – payroll as included with the agenda. Ayes – All Commissioner Madigan moved and Commissioner Franck seconded to approve the addition of discussion and vote: Amendment resolution for apprenticeship program to her agenda. (21-570) Ayes – All Page 15 of 21 City Council Meeting 12/21/2021 Discussion and Vote: Amendment to Apprenticeship Resolution (21-571) Commissioner Madigan moved and Commissioner Franck seconded to approve the amendment to the apprenticeship resolution as described this evening. Ayes - All The resolution is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NY REQUIRING CONTRACTORS AND SUBCONTRACTORS ON CITY OF SARATOGA SPRINGS CONSTRUCTION PROJECTS OF $200,000 OR MORE TO PROVIDE APPRENTICESIP TRAINING PROGRAMS Approved October 20, 2015 Amended October 15, 2019 Amended December 21, 2021 WHEREAS, Current New York State Law does not compel any governmental entity that is party to a construction contract to require that any contractors or sub-contractors participate in apprenticeship training programs approved by the State Commissioner of Labor; and WHEREAS, the New York State Legislature adopted Article 23 of the New York State Labor Law in 1961, to authorize the State Commissioner of Labor to develop standards for apprenticeship training and a process for certifying programs which meet said standards; and WHEREAS, the promotion of apprenticeship training programs expands the pool of skilled workers by providing many residents the means to earn a decent living and creates opportunities for local residents, thereby fostering the local and regional economy; and WHEREAS, legislation has been offered and signed into law in the State Senate (S.5355-A) and the State Assembly (A.8612-A) to amend the labor law which grants governmental entities the authority to require contractors and sub-contractors, parties to construction contracts within the City of Saratoga Springs, to have an Approved New York State Apprenticeship Program; and WHEREAS, it is the belief of this Council that these apprenticeship programs are a valuable tool to provide training opportunities for young people in the skilled construction trades and help them secure a promising future; and WHEREAS, it is in the best interest of the City of Saratoga Springs to afford opportunities for training in the appropriate building trades on City of Saratoga Springs construction projects and more under the provisions of Section 816-b of New York State Labor Law; and WHEREAS, the City of Saratoga Springs desires to implement the aforementioned labor law addition, new Section 816-b, which further provides authority to governmental entities to require that before entering into a construction contract with a contractor or sub- contractor, the contractors must have an Approved New York State Apprenticeship Program by the New York State Commissioner of Labor; NOW THEREFORE BE IT: RESOLVED, that the City of Saratoga Springs hereby establishes its policy to promote apprenticeship training as authorized by Section 816-b of the New York State Labor Law; and be it further RESOLVED, the term “construction contract” shall mean any contract which involves the construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, physical structure, utility or surface improvement, including roads, trails, pathways and/or bridges; and be it further RESOLVED, the terms “contractor or sub-contractor” shall mean a contractor or subcontractor of any tier which directly employs labor under a construction contract for which an apprenticeship program has been approved by the New York State Commissioner of Labor in accordance with Article 23 of the New York State Labor Law; and be it further RESOLVED, that the City of Saratoga Springs hereby requires any contractor on a project in excess of $200,000.00 aggregate, at the time of bid date, or submission of quote, and prior to entering into a construction contract with the City of Saratoga Springs, or any subcontractor on such a project with a sub-contract in excess of $50,000.00 aggregate, at the time of bid date, or submission of quote, and prior to entering into a sub-contract with a contractor who has a construction contract with the city of Saratoga Springs on a project in excess of $200,000.00 aggregate, to have apprenticeship agreements traditionally and historically appropriate for the type and scope of work to be performed, which have been registered with, and approved by, the New York State Commissioner of Labor, and which have a graduation rate of at least thirty percent (30%); and be it further RESOLVED, that the City of Saratoga Springs shall promulgate such rules and regulations as necessary and appropriate for the implementation and enforcement of any provisions of this resolution; and be it further RESOLVED, that this Resolution shall apply to construction contracts on or after the effective date of October 15, 2019, but shall not apply to construction contracts which have been entered into through cooperative procurement efforts (“piggyback”); or on projects for which the City of Saratoga Springs receives Federal-aid and/or State-financed funding, if funding will be withheld due to the presence and/or current Federal non-approval status of the apprenticeship requirement., and be it further RESOLVED, that the City of Saratoga Springs will begin working with the New York State Department of Transportation (NYSDOT), New York State Department of Labor (NYSDOL), and the Federal Highway Administration (FHWA) to forward the future creation of an approved OJT program and/or contract bid document; and be it further RESOLVED, that if any clause, sentence, paragraph, subdivision, section or part of the resolution or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this resolution, or in its application to the person, Page 16 of 21 City Council Meeting 12/21/2021 individual, corporation, firm, partnership, entity or circumstance, directly involved in the controversy in which such judgment or order shall be rendered; and be it further RESOLVED, that this Resolution supersedes all prior resolutions affecting or relating to apprenticeship training programs. Discussion: Closing Comments Commissioner Madigan stated these are not easy jobs but can be rewarding when you work on a project such as our 2.5MW Spa Solar Park and ten budgets with little movement on our property tax rates. Working through the time of COVID was tough but we did it together, She presented 10 budgets to the City Council and the public; saved over $5.3 million by refinancing outstanding debt 5 times and the City’s the bond rating was raised from AA to AA+ with a stable outlook up from a negative outlook during COVID. Additional highlights of her tenure on the City Council include:  In 2015, they oversaw the construction of a safe, fenced in dog park area at the intersection of Crescent and South Broadway.  Completed a complete overhaul of the City website.  We implemented online payment of taxes and utilities.  Conducted a citywide revenue study.  Economic development initiatives with UPH, Saratoga Performing Arts Center, and Saratoga Springs Housing Authority for their affordable housing development.  Automated the time and attendance with production of paper records annually – it’s all digital.  Backfile digital conversions were conducted enabling digital access by staff to tax rolls from 1919 and payroll and retirement records from 1975 onward. PUBLIC WORKS DEPARTMENT Discussion and Vote: Authorization for Termination of Contract with Surpass Chemical Co., Inc. for Orthophosphate (21-572) Commissioner Scirocco advised Surpass contacted the City in September 2021 that they could no longer honor the price. Commissioner Scirocco moved and Commissioner Franck seconded to approve the termination of contract with Surpass Chemical Company for orthophosphate. Ayes – All Discussion and Vote: Authorization for Termination of Contract with Casella Waste System, Inc. for Municipal Solid Waste (21-573) Commissioner Scirocco advised Casella Waste contacted the City to terminate their contract early as they could Commissioner Scirocco moved and Commissioner Dalton seconded to approve the termination of contract with Casella Waste System, Inc. for municipal solid waste. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Contract with CT Male for Post Closure Gas Monitoring (21-574) Commissioner Scirocco advised CT Male has been providing these services for the last several years. Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign contract with CT Male Associates Engineering Surveying Architecture and Landscape Architecture, Page 17 of 21 City Council Meeting 12/21/2021 DPC for post closure gas monitoring valid until December 31, 2022 in the amount not to exceed unit bid prices. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Contract with Wehran for Landfill Operations, Monitoring, and Maintenance Services (21-575) Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign contract with Wehran LFG Services, LLC for landfill operations, monitoring, and maintenance services valid until December 31, 2022 in the amount not to exceed unit bid prices. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Addendum #1 with CT Male for Geyser Crest Well #7 (21-576) Commissioner Scirocco moved and Commissioner Dalton seconded to authorize the mayor to sign addendum #1 with CT Male Associates Engineering Surveying Architecture and Landscape Architecture, DPC extending substantial completion date to December 31, 2022 for professional hydrogeological and construction phase services at the Geyser Crest well #7. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Addendum #1 with CPL Engineering for Professional Services for the Water Treatment Plant Intake Valve Commissioner Scirocco pulled this item from his agenda. Discussion and Vote: Authorization for Mayor to Sign Addendum #3 with Schnabel for Professional Engineering Design and Permitting Services for the Loughberry Lake Dam Spillway Project (21-577) Commissioner Scirocco advised this project address several damn safety deficiencies. The proposed work will bring the damn in compliance with NYS DEC regulations. Commissioner Scirocco moved and Commissioner Dalton seconded to authorize the mayor to sign addendum #3 with Schnabel Engineering of New York extending substantial completion date to December 31, 2022 for professional engineering design and permitting services for the Loughberry Lake Dam Spillway Project. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Addendum #1 with Creighton Manning for Time Extension of Professional Services for Water Distribution Pipe Replacements – Phase 1 (21-578) Commissioner Scirocco advised this addendum is for time extension only. Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign addendum #1 with Creighton Manning Engineering, LLP extending substantial completion date to December 31, 2022 for professional services for water distribution pipe replacements – Phase 1. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Change Order #1 with Brunswick Electric, Inc. to Provide Electrical Construction Services for Water Distribution Pipe Replacements – Phase 1 (21-579) Page 18 of 21 City Council Meeting 12/21/2021 Commissioner Scirocco advised the electrical construction is approximately 80% complete. This change order includes a time extension to May 31, 2022. Commissioner Scirocco moved and Commissioner Dalton seconded to authorize the mayor to sign Brunswick Electric, Inc. extending substantial completion date to May 31, 2022 to provide electrical construction services for water raw intake improvements – Phase 1. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Contract with Surpass Chemical Co., Inc. for Orthophosphate SLI-579 (21-580) Commissioner Scirocco moved and Commissioner Franck seconded to authorize the mayor to sign contract with Surpass Chemical Company, Inc. for orthophosphate SLI-5179 for the Water Treatment Plant valid until December 31, 2022 in the amount not to exceed unit bid prices. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Contract with County Waste & Recycling Service, Inc. for Municipal Solid Waste Removal (21-581) Commissioner Scirocco moved and Commissioner Madigan seconded for the mayor to sign contract with County Waste & Recycling Service, Inc. for municipal solid waste removal, valid until December 31, 2022 in the amount not to exceed unit bid prices. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Contract with Pallette Stone Corp. for Precast Manholes, Catch Basins, Dry Wells, Risers, Frames & Covers (21-582) Commissioner Scirocco moved and Commissioner Dalton seconded for the mayor to sign contract with Pallette Stone Corporation for precast manholes, catch basins, dry wells, riser, frames & covers valid until December 31, 2022 not to exceed unit bid prices. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Invoice Cloud Addendum #1 for Electronic Bill Payment & Presentment, Add On for “Chargeback Fee, ACH Reject Fee, PayPal Brands – Chargeback Fee” (21-583) Commissioner Scirocco advised this will reduce the need for physical bills to be sent to each customer should they choose to participate in digital billing. Commissioner Scirocco moved and Commissioner Madigan seconded to authorize the mayor to sign addendum #1 with Invoice Cloud, Inc. for the electronic bill payment & presentment, add on for chargeback fee, ACH reject fee, PayPal brands – chargeback fee. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign Tree City USA Application 2021 (21-584) Commissioner Scirocco advised an application must be submitted annually. Commissioner Scirocco moved and Commissioner Madigan seconded to authorize the mayor to sign Tree city USA application 2021. Page 19 of 21 City Council Meeting 12/21/2021 Ayes – All Announcement: Celebrating City Hall’s 150th Anniversary and Recognizing the Emergency Renovation and Restoration Project Commissioner Scirocco announced the celebration of City Hall’s 150 th anniversary will be held on Tuesday, December 28th. Appointment: Complete Streets Advisory Committee Commissioner Scirocco appointed Susan Jagoda to the Complete Streets Advisory Committee. PUBLIC SAFETY DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign MOA with NYRA (21-585) Commissioner Dalton moved and Commissioner Scirocco seconded to authorize the mayor to sign MOA with NYRA. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Contract with PlanIT Schedule (21-586) Commissioner Dalton moved and Commissioner Madigan seconded to authorize the mayor to sign contract with PlanIT Schedule. Ayes – All Discussion and Vote: Authorization for Mayor to Sign Contract with Axon (21-587) Commissioner Dalton moved and Commissioner Madigan seconded to authorize the mayor to sign contract with Axon. Ayes – All Announcement: Closing Comments Commissioner Dalton stated she hopes she can give back to the City by being on the City Council again someday. SUPERVISORS Matt Veitch 2022 Saratoga County Budget Supervisor Veitch reported the County budget was passed on December 8th. Taxes will go down slightly. Racing & Gaming Committee Update Supervisor Veitch reported the resolution opposing the bill to defund purse assistance from VLTs did not pass the law and finance committee. Buildings & Grounds Committee Update Page 20 of 21 City Council Meeting 12/21/2021 Supervisor Veitch pulled this item from his agenda. Appreciation and Congratulations Supervisor Veitch offered his appreciation and congratulations to the Council members that are leaving. He thanked them for their service to the City. Tara Gaston – Supervisor Veitch read Supervisor Gaston’s agenda. COVID-19 Update Supervisor Gaston encouraged all to get vaccinated or if vaccinated get the booster. 2022 Saratoga County Budget Supervisor Gaston pulled this item from her agenda. ADJOURNMENT There being no further business, Mayor Kelly adjourned the meeting at 9:57 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 1/18/2022 Vote: 4 - 0 Page 21 of 21