City Council

September 6, 2022 CITY OF SARATOGA SPRINGS City Council Meeting 474 Broadway 7:00 PM P.H. – 6:45 PM – P.H. – 2023 Capital Program and Budget P.H. – ADA Transition Plan P.H. – Local Law No. 3 for Non- Union Employees P.H. – Design Review Board Proposed UDO Amendments 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(s) 1. Grand Avenue Pedestrian Traffic 2. Liberty Affordably Housing EXECUTIVE SESSION 1. Article 7 Case: 80 West Circular / Parcel# 165.82-2-46 CONSENT AGENDA 1. Approval of 8/6/2022 Special City Council Meeting Minutes 2. Temporary Outdoor Dining Permit Approvals 3. Approve Budget Transfers - Regular 4. Approve Budget Amendments – Regular 5. Approve Payroll 08/19/2022 $475,475.94 6. Approve Payroll 08/26/2022 $720,198.24 7. Approve Payroll 09/02/2022 $434,189.06 8. Approve Mid-Warrant – 2022 22MWAUG4 $78,175.42 9. Approve Mid-Warrant – 2022 22MWAUG5 $1,684.28 10. Approve Mid-Warrant 2022 – 22MWAUG6 $234.65 11. Approve Warrant 2022 – 22SEP1 $1,811,755.61 MAYOR’S DEPARTMENT 1. Discussion and Vote: Approve the 2023 – 2028 Capital Program and Budget Recommendations Submitted by Capital Committee 2. Discussion and Vote: Approval of Counsel Fees for Prior Elected Officials City Council Meeting September 6, 2022 3. Discussion and Vote: Appointment of Civilian Review Board Chair: Reverend Michael D. Bell 4. Discussion: City Council to Draw Lots for Civilian Review board Appointments 5. Announcement: Appointment to Arts Commission: Eden Compton 6. Discussion and Vote: Mayor to Sign Application for Safe Streets and Roads for All Grant 7. Discussion and Vote: Mayor to Sign Reconnecting the West Side Technical Assistance Grant 8. Discussion and Vote: Approval of Modified Plans for Downtown Connector Trail 9. Discussion and Vote: Approval for Mayor to Sign Settlement Agreement with 225 Excelsior Holdings, Inc. 10. Announcement: PIN 1761.58 Missing Sidewalk Links Contract Amount 11. Announcement: Appointment to the Complete Streets Advisory Committee: Michael King 12. Announcement: UDO Workshop 13. Announcement: Accept FY22 Historic Preservation Fund Sub-Grant/Certified Local Government (CLG) Award – Historic Preservation Speaker Series 14. Announcement: High Rock and Excelsior Avenue Detour 15. Discussion and Vote: Revocable License for Use of City of Saratoga Springs Scott T. Johnson Recreation Center (Recreation Center Agreements) Template 16. Discussion and Vote: Accept Pickleball Donation – Allen R. Remaley - $350.00 17. Discussion and Vote: Accept Donation – WGY Christmas Wish $1,000.00 18. Discussion and Vote: Resolution – Risk & Safety ACCOUNTS DEPARTMENT 1. Award of Bid: Buff Road Storm Pipe Reconstruction to Greenman-Pedersen, Inc. 2. Award of Bid: North Broadway Waterline Stops to the Jack Farrelly Co. 3. Award of Bid: Extension of Bid for Medical Supplies to Henry Schein, Life Assist, McKesson, and Bound Tree 4. Set Public Hearing: Amend Chapter 136 of the City Code – Outdoor Dining 5. Discussion and Vote: Liberty Affordable Housing – Merit for Review and Referral to the City of County Planning Boards 6. Discussion and Vote: Settlement of Article 7 Case for Parcel ID: 165.82-2-46 7. Discussion and Vote: Approve Updated Purchasing Policy 8. Discussion and Vote: Authorization for Mayor to Sign Saratoga County Economic Development Grant 9. Announcement: Special Events 10. Appointment: Ken Grey to Complete Streets Advisory Board 11. Appointment: Cannabis Task Force FINANCE DEPARTMENT 1. Update: City Finances 2. 2023 Requested Budgets 3. Discussion and Vote: Authorization for Mayor to Sign Addendum One with Carousel Industries for City-Wide Telephone Maintenance 4. Discussion and Vote: Budget Transfers – Payroll 5. Discussion and Vote: Approve Budget Amendments - Benefits 6. Discussion and Vote: Budget Amendments - Payroll PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Contract with Greenman-Pedersen, Inc. (GPI) for Professional Services for Buff Road Storm Pipe Reconstruction 2. Discussion and Vote: Authorization for Mayor to Sign Contract with The Jack Farrelly Co. for Line Stopping 3. Discussion and Vote: Authorization for Mayor to Sign Change Order #2 with CFI Contracting, Inc. to Provide General Construction on the Sanitary Wastewater Pump Station Upgrades Page 2 of 21 City Council Meeting September 6, 2022 4. Discussion and Vote: Authorization for Mayor to Sign WIIA Grant Application for Loughberry Lake Stabilization Project 5. Discussion and Vote: Resolution Authorizing City of Saratoga Springs to Seek WIIA Grant Funding for Loughberry Lake Stabilization Project 6. Discussion and Vote: Authorization for Mayor to Sign WIIA Grant Application for Waterline Improvement Project 7. Discussion and Vote: Resolution Authorizing City of Saratoga Springs to Seek WIIA Grand Funding for Water Main Pipe Replacement 8. Set Public Hearing: Street Acceptance – Shaw Drive 9. Set Public Hearing: Street Acceptance – Division Street & Central Avenue 10. Announcement: Appointment to the Cannabis Committee 11. Announcement: Caroline Street Sidewalks 12. Discussion and Vote: Approval of Addressing Policy 13. Announcement: Complete Streets Advisory Committee PUBLIC SAFETY DEPARTMENT 1. Announcement: Cannabis Committee Appointment 2. Discussion and Vote: Acceptance of AFG Grant Award for the Fire Department 3. Discussion: Parking Within the Vicinity of the Saratoga Springs Senior High School 4. Discussion: School Safety and School Resource Officers 5. Discussion and Vote: Authorization for Mayor to Sign Agreement with NYRA 6. Discussion and Vote: Authorization for the Mayor to Sign Contract with the Town of Colonie for EVOC Track Use 7. Discussion and Vote: Authorization to Pay Invoices to Stryker 8. Announcement: 9/11 Remembrance Ceremony SUPERVISORS Matt Veitch 1. NYS Rt. 50 South Re-paving 2. Airport Update 3. NYSAC Conference – September 19-20 Tara Gaston 1. Public Health Update 2. NYSAC Meeting 3. Board of Supervisors Meeting ADJOURN Page 3 of 21 City Council Meeting September 6, 2022 September 6, 2022 CITY OF SARATOGA SPRINGS City Council Meeting 474 Broadway 7:00 PM PRESENT: Ron Kim, Mayor Minita Sanghvi, Commissioner of Finance Dillon Moran, Commissioner of Accounts Jason Golub, Commissioner of Department of Public Works Jim Montagnino, Commissioner of Department of Public Safety STAFF PRESENT: Angela Rella, Deputy Mayor Heather Crocker, Deputy Commissioner, Finance Stacy Connors, Deputy Commissioner, Accounts Joe O’Neill, Deputy Commissioner, DPW Matthew Veitch, Supervisor Tara Gaston, Supervisor EXCUSED: Jason Tetu, Deputy Commissioner, DPS 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 HEARING 2023 Capital Program and Budget (Live feed was not working at start of this public hearing and tape did not pick up until the mayor stated he was closing this public hearing, therefore, can’t record if anyone spoke.) Mayor Kim closed the public hearing at 6:51 p.m. ADA Transition Plan Mayor Kim opened the public comment period at 6:51 p.m. No one spoke. Mayor Kim concluded the public hearing at 6:52 p.m. and kept it open. Page 4 of 21 City Council Meeting September 6, 2022 Local Law No. 3 for Non-Union Employees Mayor Kim opened the public comment period at 6:52 p.m. Mayor Kim advised he has pulled this item from his agenda but will keep this public hearing open. Commissioner Moran asked that further discussions on this item be in executive session. Mayor Kim stated in order to do that; a motion would need to be made, seconded and then go into executive session. The City Council is spending taxpayer money and should discuss it in public. No one from the public spoke. Mayor Kim concluded the public hearing at 6:54 p.m. and kept it open. Design Review Board Proposed UDO Amendments Mayor Kim opened the public comment period at 6:54 p.m. Mayor Kim stated the proposals will be considered at a later date during a UDO workshop. Commissioner Moran asked if the proposals appear anywhere on the City’s website for review. Mayor Kim advised they have been attached to prior agendas. Samantha Bosshart of the Saratoga Preservation spoke in support of the amendments proposed by the Design Review Board. Samantha stated a lot of the City is unprotected from demolition. Houses coming down starts the loss of the history of neighborhoods. Samantha provided a copy of letter to the Council (attached). It is important for the City Council to continue to request advisory opinions on projects. Mayor Kim stated the signs are a great idea but need to be quantified. Rob DuBof of Saratoga Springs stated he has been trying to get the demolition amendment passed. Rob provided a letter to the Council (attached). Commissioner Moran stated he supports the concept regarding demolitions. The knockdowns are damaging to the neighborhoods. Commissioner Moran also stated it takes properties that might be affordable for one group completely unaffordable off the market. Rob DuBof stated there are some architectural treasures that are not protected by any demolition ordinance. Mayor Kim concluded the public hearing at 7:06 p.m. and kept it open. CALL TO ORDER Mayor Kim called the meeting to order at 7:06 p.m. PUBLIC COMMENT Mayor Kim advised there are rules to public comment. People have two minutes to use or lose. He asked all to be kind; we are a community. He also asked the speakers to be factual. The Council members may respond if they choose. Page 5 of 21 City Council Meeting September 6, 2022 Mayor Kim opened the public comment period at 7:08 p.m. Dianna Flynn of 155 Ash Street stated there are parking issues around the high school and she is dreading the start of the school year. The students have revved the engines and battles of the car stereo systems. Every available space in the neighborhood is taken ever school day all year. She suggested time limit on parking and would appreciate help on this. Alan Turkheimer of Saratoga Springs stated on Friday morning, he noticed drug deals in the lower level of the smaller lot on Woodlawn Avenue. This is due to the population that resides on Woodlawn Avenue in the main garage who accost people. He has been accosted. It is time to shake the County up. The problem is getting worse by the day and something has to be done. Steven Chindamo, owner of Stay Saratoga Hotel stated the Council voted on a bill to try to stop the aggressive panhandling. He has a problem with panhandlers who frequent the Stewart’s on the block of his residence and hotel who are not homeless but have signs that say they are homeless. Panhandling from cars slows down traffic and is not safe. He has had guests tell him they will not be back because they don’t feel safe leaving their cars in the lot. These people are not homeless; they are grifters and work together. Angela Kaufman of the Town of Saratoga stated it has been 364 days since there were mass arrests due to the previous administration. She stated they are all part of one geographic community, but community does not declare war on itself. Just because the attorney general was involved and charges were dropped, it doesn’t heal the trauma, provide accountability, or mean the past was dealt with. Work needs to be done. Erin Leary of Phila Street stated she is against the expansion of the School Resource Officer (SRO) program. They have seem more evidence recently that SROs are ineffective and can be harmful. The presence of an SRO increases the number of deaths in a school shooting, increases harm, and does not decrease response time. Erin asked the City Council not to increase this program. Holliday Hammond of Saratoga Springs stated she is a social worker and opposes the expansion of the SROs in the schools. Nationally, SROs do not provide protection to all. Rebecca Lynch of Saratoga Springs stated she is against the expansion of SROs into the elementary schools. She learned that the City Police Department is the only local law enforcement agencies in the state that are not accredited by the state. Being accredited helps police departments to operate more professionally, justify their operation, and promote trust in the community. Commissioner Montagnino stated the City Charter states there must be a plan in place for the Police Department to be accredited. His administration has been working for the past six months to get the department accredited. Heather Reynolds of Saratoga Springs stated elected officials should not be involved in board of education business. SROs do not make all students feel safer and the presence of SROs can be contributed to students having a heightened fear of perceived outside threats. Patty Morrison requested the City Council to respect the school district, as the City Council is a different governing entity. Emily McDougal of Ballston Spa stated she wished she could like in Saratoga Springs but can’t afford it. Christie of Mokasha Square stated she feels sidewalks are needed on Grand Avenue. Sam Brewer of Saratoga Springs stated the City should be more sensitive to the commercial people of the City. It is okay for the City to have behavioral standards downtown. He would support a resolution to Page 6 of 21 City Council Meeting September 6, 2022 ban aggressive panhandling and ask people to move along if they are engaging in behavior that is affecting downtown business. Natalia Lakhtakia of Saratoga Springs invited the Council to meet the people who live in the garage. She works with a group called Saratoga Stronger. They serve food to the people who live at the garage on Saturdays at 6 p.m. Mayor Kim stated he has spoken with groups who specialize in working with homeless people. One item made clear at the forum he held is people should not provide money to people who are panhandling. The money should be provided to the groups that handle the homeless. He will not attend a Saturday night dinner as experts on this topic state it is not the way to handle this. Brian Straughter and one of the owners of Homewood Suites stated doing the right thing is thinking about our workforce. Their staff can’t afford to live here. Increasing workforce housing has to be figured out. Todd Shimkus, resident and president of the Chamber of Commerce, stated there is a shortage of workforce housing and the need is clear. Intrada has a waiting list of over 300 people for their apartments. Commissioner Moran asked what are the facts and figures are as it relates to unemployment in Saratoga County. Todd Shimkus stated the unemployment rate in Saratoga County is 2.8%. We have a historic labor shortage here. All employers are looking for employees. Supervisor Gaston stated the problem is not a homeless problem but a housing problem. The County Mental Health Unit does send individuals out and works closely with Shelters and RISE. The only way to get individuals into services is by building trust. Mayor Kim closed the public comment period at 7:46 p.m. PRESENTATION Grand Avenue Pedestrian Traffic Becca Oppeneer, Rachel Rosan, Sheila Cowieson, and Joseph Ogden, members of Saratoga Safer Streets, presented. This group is made up of residents on and around Grand Avenue working toward change. (copy of presentation attached) Becca Oppeneer identified the area of concern as Grand Avenue, west of West Avenue, to Rowland Street. There are a lot of neighborhoods in that area and Grand Avenue is used as a ‘cut through’ from Ballston Spa to downtown Saratoga. Rachel Rosan stated she when she moved in her home almost 20 years ago, Grand Avenue was a through road but it was quiet. Over the years, there has been a lot of development, which has increased traffic to 40,000 cars per week on Grand Avenue. The graphs from the police street safety study shows an increase in traffic and speeders with approximately 87% of the drivers traveling over the speed limit. The increase in speed increases the risk of accidents between cars and the risk of a severe pedestrian injuries increases with the increase in speed. Their concern tonight is the safety of pedestrians. Becca stated 124 accidents have happened on Grand Avenue between the area of West Avenue and Rowland Street since 2012. Becca thanked Sergeant Mullan and the Saratoga Springs Police Department for increasing patrols on Grand Avenue. Page 7 of 21 City Council Meeting September 6, 2022 Sheila Cowieson stated Saratoga Safer Streets is looking to achieve calm traffic, improve safety, connect communities, and increase property values with the infrastructure improvements of installing sidewalks, bike lanes, and shoulders on Grand Avenue from West Avenue to the City limit. These improvements are long overdue. Joe Ogden stated the City has not done any work on Grand Avenue. Grand Avenue is the only major corridor that has not had anything done to it. The project can be completed in phases with use of state and federal grant monies. Mayor Kim stated the City is looking at applying for a grant that will include Grand Avenue in determining safe routes and cost. He believes the City is going to move forward with this. ***Lost live feed at 8:20 p.m. and became available at 8:29 p.m. A portion of the minutes from this presentation was taken from the tape of the meeting.) Liberty Affordable Housing (copy of presentation attached) Stefanie Ferradino, attorney for the applicant presented. Saratoga County businesses are struggling to find employees. There is a huge gap between where people work and where they live. The median home price in Saratoga Springs is $540,000. The project is being proposed for the corner of Crescent Avenue and Jefferson Street. Stefanie stated this project will provide the vision everyone has for workforce housing. This standalone project will provide about 200 units. Stefanie stated they have been in contact with Clubhouse Estates Homeowners Association, sent letters to residents within 1,000 feet of the project, and have standards for each zoning amendment. The property will have studios, one bedroom, and two bedroom units. The units are oriented towards income qualifications. The applicant is looking to change the parcel of land from RR designation and to extend the UR-4 zone as an extension from across the street. There is a guarantee that this property will be affordable housing. The difference between 2018 and now includes the removal of 3-bedroom units and an increase in the number of 1-bedroom units. Stefanie stated they are looking for the City Council to say there is merit for review and forward the project to the appropriate planning boards for their review and advisory opinion. Commissioner Moran stated he will bring this item up on his agenda. EXECUTIVE SESSION Mayor Kim moved and Commissioner Montagnino seconded to move into executive session for the purpose of pending litigation 8:49 p.m. Ayes – All City Council returned at 8:59 p.m. Mayor Kim advised the Council came to a resolution on this issue and will be addressed under Commissioner Moran’s agenda. SUPERVISORS Matthew Veitch Page 8 of 21 City Council Meeting September 6, 2022 NYS Rt. 50 South Re-paving Supervisor Veitch reported the NYSDOT will be repaving Rt. 50. The work started today from West Avenue to the railroad bridge on Rt. 50. Airport Update Supervisor Veitch pulled this item from his agenda. NYSAC Conference – September 19-20 Supervisor Veitch reported he will be absent from the September 20th meeting to attend the NYSAC conference. Tara Gaston Public Health Update Supervisor Gaston reported the rolling seven-day positivity rate is 9.6%. Saratoga County has been listed as substantial too high for COVID in wastewater. Monkey pox numbers are decreasing around the state. NYSAC Meeting Supervisor Gaston reported she will be attending the NYSAC meeting. She will lead a workshop in ‘rethinking public health’. Board of Supervisors Meeting Supervisor Gaston reported due to the NYSAC meeting, the Board of Supervisors’ meeting will be moved to September 22nd. CONSENT AGENDA Commissioner Moran stated on this consent agenda, there is a $1.8 million dollar warrant. Commissioner Moran pointed out several vouchers on various pages of the warrant in the amounts of $715,930, $128,000, $83,500, $42,000, and $176,285. The warrant is for more than payment of mops and buckets. Commissioner Montagnino moved and Commissioner Sanghvi seconded to approve the consent agenda as follows: 1. Approval of 8/6/2022 Special City Council Meeting Minutes 2. Temporary Outdoor Dining Permit Approvals 3. Approve Budget Transfers - Regular 4. Approve Budget Amendments – Regular 5. Approve Payroll 08/19/2022 $475,475.94 6. Approve Payroll 08/26/2022 $720,198.24 7. Approve Mid-Warrant – 2022 22MWAUG4 $78,175.42 8. Approve Mid-Warrant – 2022 22MWAUG5 $1,684.28 9. Approve Mid-Warrant 2022 – 22MWAUG6 $234.65 10. Approve Payroll 9/2/2022 $434,189.06 11. Approve Warrant 2022 – 22SEP1 $1,811,755.61 Ayes – All Page 9 of 21 City Council Meeting September 6, 2022 MAYOR’S DEPARTMENT Discussion and Vote: Approve the 2023 – 2028 Capital Program and Budget Recommendations Submitted by Capital Committee (22-367) Mayor Kim asked Deputy Mayor Rella to provide a high-level overview. Deputy Rella stated this is a six-year fiscal blueprint/outline for the City. The total request is a little under $9 million dollars and looking to bond $6.3 million of that. Deputy Rella stated the projects are as follows in order of priority: 1. Loughberry Lake Dam for $1,450,000 2. Fire Department Ambulance for $405,000 3. Storm Water Improvements for $450,000 4. Phone, network, and e-mail archive for $300,212 5. Gilbert Road for $195,000 6. Canfield Casino for $475,000 7. Playgrounds and facilities for $530,000 8. Pelican dual street sweeper (2) for $263,200 9. Arts Center for $450,000 10. Zero emission infrastructure and equipment for $225,000 11. Transportation improvements for $150,000 12. Mobile barriers for street closures $73,899 13. City Hall for $300,000 14. ADA transition plan implementation for $317,500 15. Loader snow blower attachments for $79,875 16. Veteran’s Memorial Fieldhouse for $250,000 17. DPW garage for $75,000 18. Ice rink rehabilitation for $181,000 19. Parking decks for $100,000 20. Bike park for $400,000 21. Water infrastructure improvement plan for $1,500,000 22. Vactor truck for $497,237 23. WTP property acquisition for $200,000 24. Caterpillar backhoe for $98,558 Mayor Kim moved and Commissioner Sanghvi seconded to approve the 2023 – 2028 capital program and budge recommendations submitted by the Capital Budget Committee. Ayes - All Discussion and Vote: Approval of Counsel Fees for Prior Elected Officials (22-368) The resolution is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NY Public Officers Law Section 18 Saratoga Springs City Code Chapter 9 BE IT RESOLVED by the City Council of the City of Saratoga Springs, New York, as follows: WHEREAS, in 1987 the City Council enacted an Article in the City Code that provides for a defense and indemnification of city officers and employees in any state or federal legal action arising out of any alleged act or omission which occurred or allegedly occurred in the scope of official duty or public employment, and WHEREAS, Section 18 of the New York State Public Officers Law contains provisions that apply to public entities who have agreed by the adoption of local law, bylaw, rule or regulation, to confer benefits of defense and indemnification upon its officers and employees, and WHEREAS, two former members of this Council, Meg Kelly and Robin Dalton, have been served with subpoenas by the New York Attorney General to provide documents and information, including testimony, as part of that office’s investigation into events that occurred in the City of Saratoga Springs during the two former members’ terms of public service, and the two former members have Page 10 of 21 City Council Meeting September 6, 2022 requested representation by private counsel of their separate choice, and said counsel having submitted to the City Council and the City Attorney estimates of legal expenses and costs for providing advice and representation to the two former members, and WHEREAS, this Council desires to provide the two former council members with defense and indemnification as required by City Code Chapter 9 and by Public Officers Law Section 18, and to pay for reasonable attorneys’ fees and expenses in the manner indicated in Section 18, NOW, THEREFORE, BE IT RESOLVED as follows: 1. This Council hereby authorizes providing to former Council members Meg Kelly and Robin Dalton private attorneys’ fees in initial amounts of not more than Ten Thousand Dollars ($10,000), as well as expenses in initial amounts of Three Thousand Dollars ($3,000) for each of the afore named former Council members, for legal advice and representation in responding to the subpoenas served upon them by the Attorney General’s Office. 2. The private attorneys representing the two former Council members shall submit detailed statements of hours worked, services rendered, and amounts billed. 3. In accordance with Section 18 (3)(b) of the Public Officers Law, the two former Council members may request additional reasonable legal fees or expenses from time to time during the pendency of the subpoena response. The Council shall review such requests and if found reasonable shall provide such additional fees and expenses by further resolution. Mayor Kim moved and Commissioner Sanghvi seconded to provide former Council members, Meg Kelly and Robin Dalton private attorney fees in the initial amounts of not more than $10,000 as well as expenses in the initial amounts of $3,000 for each of the afore named Council members for legal advice and representation in responding to subpoenas served upon them by the Attorney General’s Office. The private attorneys representing the two former Council members shall submit details statements of hours work, services rendered, and amounts billed. In accordance with Section 18, subsection 3(b) of the Public Officer’s Law, the two former Council members may request additional reasonable legal fees or expenses from time to time during the pendency of this subpoena response. The Council shall review such requests and if found reasonable shall provide such additional fees and expenses by further resolution. Commissioner Golub asked if historically a cap has been provided. Given this is an attorney general investigation the Council has no idea where this will go. Tony Izzo stated Chapter 9 of the City Code provides for the defense and indemnification of officers, employees, or volunteers who have to answer to any federal or state legal action. Section 18 of the Public Officer’s Law allow for reasonable amounts and for the Council members to come back and ask for more money. Mayor Kim stated it was felt to be prudent to protect the taxpayers by placing a cap on the amount and they can come back to ask for more if necessary. Commissioner Moran asked if there would be a situation where the City would not be required to cover their legal representation. Tony Izzo advised Article 18 provides that the Council must contemplate additional funding. Ayes - All Discussion and Vote: Appointment of Civilian Review Board Chair: Reverend Michael D. Bell (22-369) Mayor Kim moved and Commissioner Sanghvi seconded the appointment of Reverend Michael D. Bell as the chair of the Civilian Review Board. Ayes - All Discussion: City Council to Draw Lots for Civilian Review Board Appointments Mayor Kim asked each commissioner to draw a number out of the ‘hat’. The commissioners will select an appointment from the submitted resumes in the order of the number selected from the ‘hat’. The order is as follows: Commissioner Golub, Commissioner Moran, Commissioner Montagnino, and Commissioner Sanghvi. Page 11 of 21 City Council Meeting September 6, 2022 Announcement: Appointment to Arts Commission – Eden Compton Mayor Kim appointed Eden Compton to the Arts Commission. Discussion and Vote: Mayor to Sign Application for Safe Streets and Roads for All Grant (22-370) Mayor Kim advised the grant amount is $500,000 with a $100,000 match. The match amount is in the budget. Mayor Kim moved and Commissioner Montagnino seconded to approve the mayor to sign the application for Safe Streets and Roads for All Grant. Ayes - All Discussion and Vote: Mayor to Sign Reconnecting the West Side Technical Assistance Grant (22-371) Mayor Kim advised the project study area will include Church Street, Grand Avenue, Washington Street, Glenmore Avenue, Pine Road, West Circular, and Kirby Road. The total project cost is $10,000 with a project match of $2,500 provided through in-kind services. Mayor Kim moved and Commissioner Sanghvi seconded to authorize the mayor to sign the application for reconnecting the West Side. Ayes – All Discussion and Vote: Approval of Modified Plans for Downtown Connector Trail (22-372) Mayor Kim advised this is to approve a redesign of the downtown connector trail on Excelsior Avenue from East Avenue to Marion Avenue. The project proposed is for a continuous bike path from Lake Avenue to the end of Excelsior Avenue. Mayor Kim moved and Commissioner Sanghvi seconded to approve the modified plan for the downtown connector trail. Ayes - All Discussion and Vote: Approval for Mayor to Sign Settlement Agreement with 225 Excelsior Holdings, Inc. (22-373) Tony Izzo, city attorney, stated this is for the purchase of permanent and temporary easements. A partial payment was negotiated last year with the remaining amount being $95,000. This payment will represent payment in full. Mayor Kim moved and Commissioner Sanghvi seconded to approve the mayor to sign the settlement agreement with 225 Excelsior Holdings, Inc. Ayes - All Announcement: PIN 1761.58 Missing Sidewalk Links Contract Amount Mayor Kim announced the correction of the amount stated for the Barton and Loguidice contract at the August 16, 2022 City Council meeting. The correct amount is $179,875; not $217,875 as originally announced. Announcement: Appointment to the Complete Streets Advisory Committee – Michael King Page 12 of 21 City Council Meeting September 6, 2022 Mayor Kim announced Michael King is replacing Michele Rotti on the Complete Streets Advisory Committee. Michael’s term will begin today, September 6, 2022 and end November 14, 2024. Announcement: UDO Workshop Mayor Kim announced the UDO workshop will be September 27, 2022 at 5:30 p.m. Announcement: Accept FY22 Historic Preservation Fund Sub-Grant/Certified Local Government (CLG) Award – Historic Preservation Speaker Series Mayor Kim announced the New York State Parks Recreation and Historic Preservation Office that the historic preservation speaker series has been funded through fiscal year 2022. The City has been award grant funds of $14,000 which has a match of in-kind funds valued at $5,000. Announcement: High Rock and Excelsior Avenue Detour Mayor Kim announced there is a detour in the High Rock and Excelsior Avenue area. Discussion and Vote: Revocable License for Use of City of Saratoga Springs Scott T. Johnson Recreation Center (Recreation Center Agreements) Template (22-374) Mayor Kim advised changes have been made to the template due to the pandemic. Mayor Kim moved and Commissioner Montagnino seconded to approve the contract template for the revocable license agreement for the Recreation Center. Ayes - All Discussion and Vote: Accept Pickleball Donation – Allen R. Remaley - $350.00 (22-375) Mayor Kim moved and Commissioner Montagnino seconded to accept a donation from Allen Remaley in the amount of $350. Ayes - All Discussion and Vote: Accept Donation – WGY Christmas Wish $1,000.00 (22-376) Mayor Kim moved and Commissioner Sanghvi seconded to accept the donation from WGY Christmas Wish in the amount of $1,000. Ayes – All Discussion and Vote: Resolution - Risk & Safety (22-377) Mayor Kim moved and Commissioner Montagnino seconded the resolution 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, This Council has always had the benefit of capable persons in our city workforce who possess specialized knowledge and experience. It is in the public interest to seek the input of such persons on applicable matters, NOW, THEREFORE, BE IT RESOLVED as follows: 1. Following the recent transfer of the Director of Risk and Safety to the Office of the Mayor, it is in the public interest that the Office of Risk and Safety continue to provide a written statement regarding risk, safety, and insurance in all matters involving city projects and processes. 2. Requests for such statements shall be submitted on a form which is attached hereto and hereby made part of the city’s Risk and Safety Manual. Page 13 of 21 City Council Meeting September 6, 2022 3. The City Council hereby authorizes the Office of Risk and Safety as the sole entity to provide such statements to the members of the Council and their staff. Commissioner Moran stated he does not understand the purpose of this resolution. Mayor Kim advised it was felt important that after moving the director of risk and safety to the Mayor’s Office that that position was the sole source to provide statements regarding risk/safety/insurance on all matters involving City projects and processes. Commissioner Moran stated he doesn’t understand the reason; it doesn’t make any sense. Ayes – 4 Nays – 1 (Commissioner Moran) ACCOUNTS DEPARTMENT Award of Bid: Buff Road Storm Pipe Reconstruction to Greenman-Pedersen, Inc. (22-378) Commissioner Moran moved and Commissioner Sanghvi seconded to award the bid for the Buff Road Storm Pipe Reconstruction to Greenman-Pedersen, Inc. in the amount not to exceed $64,500. Ayes – All Award of Bid: North Broadway Waterline Stops to the Jack Farrelly Co. (22-379) Commissioner Moran moved and Commissioner Golub seconded to award the bid for the North Broadway Waterline Stops to The Jack Farrelly Co. in the amount not to exceed $52,400. Ayes - All Award of Bid: Extension of Bid for Medical Supplies to Henry Schein, Life Assist, McKesson, and Bound Tree (22-380) Commissioner Moran moved and Commissioner Montagnino seconded to extend the award of bid for medical supplies to Henry Schein, Life Assist, McKesson, and Bound Tree for an additional year under the same terms, conditions, and prices as in bid #2021-4. Ayes - All Set Public Hearing: Amend Chapter 136 of the City Code – Outdoor Dining Commissioner Moran set a public hearing for Tuesday, September 20, 2022. Commissioner Moran advised the proposed amendment will be posted after receipt of responses from Samantha Bosshart, Executive Director of the Saratoga Springs Preservation Foundation and Tammy Ehinger, Chair of the Design Review Board. Discussion and Vote: Liberty Affordable Housing – Merit for Review and Referral to the City and County Planning Boards (22-381) Commissioner Moran moved and Commissioner Golub seconded that the Liberty Affordable Housing application for zoning amendment has merit for review and to forward the application to the appropriate City and County land use boards for review and advisory opinion; and the City Council initiate coordinated review under SEQRA and declare the City Council as the lead agency. Page 14 of 21 City Council Meeting September 6, 2022 Commissioner Sanghvi asked if the Planning Board could be the lead agency on SEQRA. Mayor Kim stated he feels assigning lead agent for SEQRA review doesn’t need to be done tonight and feels the planning board would be in a better position to do SEQRA. If SEQRA review is attached he will vote no on this. Mayor Kim stated he likes this proposal but feels they should ask for an amendment to the Comprehensive Plan. Mayor Kim believes the Planning Board will come back stating the proposal is not consistent with the Comprehensive Plan. He is in favor of workforce housing and the project has some merit to it. Commissioner Montagnino stated he agrees SEQRA is premature and suggested a friendly amendment to remove the SEQRA part from the motion. There is a need for workforce housing. Commissioner Sanghvi supports the friendly amendment. Stefanie Ferradino stated they can resolve the issue with the Comprehensive Plan amendment but wants to get the Planning Board started on their task. Commissioner Moran accepted the friendly amendment to remove SEQRA from the motion. Ayes - All Discussion and Vote: Settlement of Article 7 Case for Parcel ID: 165.82-2-46 (22-382) Commissioner Moran moved and Commissioner Montagnino seconded to settle the Article 7 case for parcel # 165.82-2-46 for the years 2020, 2021, and 2022 as follows: Parcel # Original Negotiated Reduction Refund Amount Assessment Assessed Value Amount 165.82-2-46 2020 $810,200 $527,000 $283,200 $3,390.24 2021 $810,200 $518,500 $291,700 $3,334.27 2022 $810,200 $467,500 $342,700 $3,006.31 The grand total 2022 refund for parcel # 165.82-2-46 is $9,730.82. Ayes - All Discussion and Vote: Approve Updated Purchasing Policy Commissioner Moran advised the Purchasing Policy has been updated as follows:  updated the names of the people who able to sign vouchers for payment  credit card number is not permitted to be given over the phone Commissioner Moran moved for the City Council to approve the updates to the Purchasing Policy as described and included with the agenda. There was no second – motion denied. Discussion and Vote: Authorization for Mayor to Sign Saratoga County Economic Development Grant (22-383) Commissioner Moran stated it will be Supervisor Veitch who will sign the grant. The County was going to help the City with the outdoor dining program; therefore, Supervisor Veitch is bringing forward an application to provide up to $14,200 toward the outdoor dining program. Page 15 of 21 City Council Meeting September 6, 2022 Commissioner Moran moved and Commissioner Golub seconded to authorize Supervisor Veitch to sign the Saratoga County Economic Development Grant. Commissioner Sanghvi asked if the funding is available for multiple departments to apply. Supervisor Veitch stated the County has been doing this for seven or eight years. All towns and cities are able to apply for it. Ayes - All Announcement: Special Events Commissioner Moran advised of the following upcoming special events:  JDRF Ride to Cure 9/10/22 - Juvenile Diabetes Research Fund charitable fundraising bike ride. The ride starts/finishes in Saratoga Springs (City Center) and follows the Hudson River north through Corinth, Warrensburg, and Pottersville - route options ranging from 32 to 100 miles.  Art in the Park (2nd date) - 9/17/22 - Congress Park - Hosted by Saratoga Arts - Saratoga and Capital Region artists display and sell their work.  Wellspring Pooch Parade - 9/24/22 - Congress Park - fundraising event for Wellspring's Safe Pet Partnership (provides a network of safe, temporary placement for pets of families who are fleeing abuse).  Saratoga Peace Week drum concert - 9/25/22 - Congress Park - free community drum concert from 12:30-3:30pm.  Strides 4CJD Walk - 10/1/2022 - Geyser Park - Fundraising charity walk for Creutzfeldt Jakob's Disease Foundation. Appointment: Ken Grey to Complete Streets Advisory Board Commissioner Moran re-appointed Ken Grey to the Complete Streets Advisory Board. Appointment: Cannabis Task Force Commissioner Moran appointed himself to the Cannabis Task Force. FINANCE DEPARTMENT Update: City Finances Commissioner Sanghvi stated mortgage tax collected to date is $1,841,930, a 6.10% increase from 2021. Sales tax collected to date is $8.8 mil. – 11% increase in sales tax from 2021. 2023 Requested Budgets Commissioner Sanghvi advised she received about $70 million dollars requested compared to this year’s budget of $54 million. This means a lot will need to be cut from department budgets. Meetings have been set up to discuss department priorities and needs. Commissioner Sanghvi stated even if property taxes are raised, the City could not reach the amount submitted. Health care estimates have increased about 15%. Discussion and Vote: Authorization for Mayor to Sign Addendum One with Carousel Industries for City- Wide Telephone Maintenance (22-384) Commissioner Sanghvi moved and Commissioner Montagnino seconded to authorize the mayor to sign addendum one with Carousel Industries for citywide telephone maintenance as included with the agenda. Page 16 of 21 City Council Meeting September 6, 2022 Ayes - All Discussion and Vote: Budget Transfers – Payroll (22-385) Commissioner Sanghvi moved and Commissioner Montagnino seconded to approve budget transfers – payroll as included with the agenda. Ayes – All Discussion and Vote: Approve Budget Amendments - Benefits (22-386) Commissioner Sanghvi moved and Commissioner Montagnino seconded to approve budget amendments – benefits as included with the agenda. Ayes – All Discussion and Vote: Budget Amendments – Payroll (22-387) Commissioner Sanghvi moved and Commissioner Montagnino seconded to approve budget amendments – payroll as included with the agenda. Ayes - All PUBLIC WORKS DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Contract with Greenman-Pedersen, Inc. (GPI) for Professional Services for Buff Road Storm Pipe Reconstruction (22-388) Commissioner Golub moved and Commissioner Moran Seconded to authorize the mayor to sign contract with GPI in the amount not to exceed $64,500 for the reconstruction valid until December 31, 2022. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Contract with The Jack Farrelly Co. for Line Stopping (22-389) Commissioner Golub moved and Commissioner Moran seconded to authorize the mayor to sign a contract with The Jack Farrelly Co. in the amount not to exceed $52,400, valid until December 31, 2022. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Change Order #2 with CFI (22-390) Commissioner Golub moved and Commissioner Sanghvi seconded to authorize the mayor to sign change order #2 with CFI, Inc. to provide general construction on the sanitary wastewater pump station upgrades in the amount of $25,515.77 and extend the completion date to will expire September 30, 2022. Ayes - All Discussion and Vote: Authorization for Mayor to Sign WIIA Grant Application for Loughberry Lake Stabilization Project (22-391) Page 17 of 21 City Council Meeting September 6, 2022 Commissioner Golub advised this item and the next three relate to the WIIA grant. Project will rehabilitate the dam to address underlying infrastructure issues that are contributing to its high hazard classification. Commissioner Golub moved and Commissioner Moran seconded to authorize the mayor to sign the WIIA grant application for the Loughberry Lake stabilization project. Ayes - All Discussion and Vote: Resolution Authorizing City of Saratoga Springs to Seek WIIA Grant Funding for Loughberry Lake Stabilization Project (22-392) The Council waived the reading of the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NY WHEREAS, the New York State Environmental Facilities Corporation (NYS EFC) provides grants to assist municipalities in funding water quality infrastructure projects that protect or improve water quality and/ or protect public health; and WHEREAS, the City of Saratoga Springs is responsible for the collection, filtration and distribution of drinking water in the City and has identified infrastructure needs at the Loughberry Dam; and WHEREAS, the Loughberry Dam is located in, owned, operated and maintained by the City and is the principal water supply for the City of Saratoga Springs. The dam was classified as a high hazard dam in 2019 and needs spillway modifications and slope stabilization to avoid future dam failure; and WHEREAS, the City of Saratoga Springs is submitting an application to the NYS EFC Water Infrastructure Improvement Act (WIIA) Grant Program in an effort to secure 2022 NYS Water Grant funding assistance for a total estimated project cost not to exceed $9 Million; and WHEREAS, the City of Saratoga Springs would finance the non-grant portion of the project through bonding or other means; and WHEREAS, the City of Saratoga Springs does not currently have the funding to pay for 100% of the capital upgrades to the water mains and it is necessary to obtain New York State funding assistance for this important water infrastructure project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK: 1. That the Mayor, or approved representative, is authorized to submit a City of Saratoga Springs Water Grant application to the NYS Environmental Facilities Corporation for a total estimated project cost not to exceed $9 Million; and 2. That, if the said grant is awarded the City agrees to contribute local matching funds for the balance of the Project cost not provided by grants, through bonding or other means; and 3. Upon award notification, that the Mayor, or approved representative, is authorized to execute the grant assistance contract, submit project documentation, and otherwise act on all matters related to the project and state assistance; and 4. That the City Comptroller is authorized to create a capital expense account, recognize grant revenue, and appropriate the funds into the correct capital project budget. 5. That this resolution shall take effect immediately upon its adoption. Commissioner Golub moved and Commissioner Sanghvi seconded to adopt the resolution for the WIIA grant application. Ayes - All Discussion and Vote: Authorization for Mayor to Sign WIIA Grant Application for Waterline Improvement Project (22-393) Commissioner Golub stated this is to help fund the waterline improvement project. Commissioner Golub moved and Commissioner Moran seconded to authorize the mayor to sign the WIIA grant application for waterline improvement project. Ayes - All Discussion and Vote: Resolution Authorizing City of Saratoga Springs to Seek WIIA Grand Funding for Water Main Pipe Replacement (22-394) The Council waived the reading of the following resolution: Page 18 of 21 City Council Meeting September 6, 2022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NY WHEREAS, the New York State Environmental Facilities Corporation (NYS EFC) provides grants to assist municipalities in funding water quality infrastructure projects that protect or improve water quality and/ or protect public health; and WHEREAS, the City of Saratoga Springs is responsible for the collection, filtration and distribution of drinking water in the City and has identified a need for the upgrade and replacement of water mains along Clement Avenue, First Street, Greenfield Avenue, Alger Street, Clinton Street, State Street, and Third Street. WHEREAS, the City of Saratoga Springs is submitting an application to the NYS EFC Water Infrastructure Improvement Act (WIIA) Grant Program in an effort to secure 2022 NYS Water Grant funding assistance for a total estimated project cost not to exceed $5 Million; and WHEREAS, the WIIA Grant Program requires that applicants must comply with the requirements of the State Environmental Quality Review (SEQR) Act. WHEREAS, pursuant to Title 6. Department of Environmental Conservation, of the Official Compilation of New York Codes, Rules, and Regulations (NYCRR), Part 617. (c) (2) of the State Environmental Quality Review Act lists the “replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building, energy, or fire codes unless such action meets or exceeds any of the thresholds in section 617.4 of this Part” as a Type II Action and therefore no further action under SEQRA is required. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK: 1. The water main pipe replacement project constitutes a Type II action pursuant to Title 6 NYCRR Part 617.5 (c) (2). 2. That this resolution shall take effect immediately upon its adoption. Commissioner Golub moved and Commissioner Moran seconded to adopt the resolution for the WIIA grant. Ayes – All Set Public Hearing: Street Acceptance – Shaw Drive Commissioner Golub set a public hearing for Tuesday, September 20, 2022. Set Public Hearing: Street Acceptance – Division Street & Central Avenue Commissioner Golub set a public hearing for Tuesday, September 20, 2022. Announcement: Appointment to the Cannabis Committee Commissioner Golub announced his appointment of Scott Trifilo to the Cannabis Committee. Announcement: Caroline Street Sidewalks Commissioner Golub announced sidewalks will be added around Caroline Street Elementary School. Discussion and Vote: Approval of Addressing Policy (22-395) Commissioner Golub moved and Commissioner Montagnino seconded to approve the addressing policy. Ayes - All Announcement: Complete Streets Advisory Committee Commissioner Golub announced the re-appointment of Suzanne Jagoda to the Complete Streets Advisory Committee. Susanne’s term will run from September 6, 2022 – September 5, 2024. PUBLIC SAFETY DEPARTMENT Announcement: Cannabis Committee Appointment Page 19 of 21 City Council Meeting September 6, 2022 Commissioner Montagnino appointed Will Borchers to the Cannabis Committee. Discussion and Vote: Acceptance of AFG Grant Award for the Fire Department (22-396) Commissioner Montagnino advised the grant is in the amount of $240,000 with payment from the City of $24,000. Commissioner Montagnino moved and Commissioner Moran seconded to accept the AFG Grant award for the Fire Department. Ayes - All Discussion: Parking Within the Vicinity of the Saratoga Springs Senior High School Commissioner Montagnino advised he will hold a discussion on this with a workshop on Wednesday, September 21, 2022 at 6 p.m. in the City Council room. Discussion: School Safety and School Resource Officers Commissioner Montagnino advised he met with the school superintendent and agrees the Board of Education has the decision-making authority on school resource officers (SROs) and the number of SROs in schools. Commissioner Montagnino stated the City has three fully trained SROs that if he were to receive a call that the school would like to add SROs he would be sure to supply the school with additional SROs. Commissioner Sanghvi stated the City should not pay for something the school district wants. If the school board asks, they should be paying for it. Commissioner Montagnino stated he agrees the school should be contributing as they currently do. Discussion and Vote: Authorization for Mayor to Sign Agreement with NYRA (22-397) Commissioner Montagnino advised this agreement is for services provided by the Fire Department for the 2022 track season. Commissioner Montagnino moved and Commissioner Sanghvi seconded to authorize the mayor to sign the agreement with NYRA. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign Contract with the Town of Colonie for EVOC Track Use (22-398) Commissioner Montagnino advised this agreement is for the use of the Town of Colonie’s EVOC track for training of driving in adverse conditions. Commissioner Montagnino moved and Commissioner Sanghvi seconded to authorize the mayor to sign the contract with the Town of Colonie. Ayes - All Discussion and Vote: Authorization to Pay Invoices to Stryker (22-399) Commissioner Montagnino advised product/service was for 2021 and the City just received the bill. The amount is $6,000. Page 20 of 21 City Council Meeting September 6, 2022 Commissioner Montagnino moved and Commissioner Sanghvi seconded to approve payment of invoice to Stryker. Ayes - All Announcement: 9/11 Remembrance Ceremony Commissioner Montagnino advised the 9/11 remembrance ceremony is Sunday, September 11, 2022 at 8:30 a.m. at High Rock Park. ADJOURN There being no further business, Mayor Kim adjourned the meeting at 11:02 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 11/15/2022 Vote: 5 – 0 Additional Correction Approved: 4/4/2023 Vote: 5 - 0 Page 21 of 21