City Council

CLOSE CITY OF SARATOGA SPRINGS City Council Meeting September 20, 2022 City Council Room : P.H. - ADA Transition Plan : P.H. - Amend Chapter 136 - Outdoor Dining : P.H. - Design Review Board Proposed UDO Amendments : P.H. - Local Law No. 3 of 2022 for Non-Union Employees : P.H. - Street Acceptance - Shaw, Central, and Division 06:45 PM P.H. - Weibel Avenue PUD Amendment PRELIMINARY AGENDA Print 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S): EXECUTIVE SESSION: CONSENT AGENDA 1. Approval of 06/07/2022 City Council Meeting Minutes 2. Approval of 07/05/2022 City Council Meeting Minutes 3. Approval of 08/16/2022 City Council Meeting Minutes 4. Approve Budget Transfers - Regular 5. Approve Budget Amendments - Regular (Insurance) 6. Approve Payroll 09/09/22 $728,054.36 7. Approve Payroll 09/16/22 $447,698.94 $  8. Approve Warrant 2022, 22SEP2 $4,985,105.71 MAYOR’S DEPARTMENT 1. Announcement: Public Comment Dates for Consolidated Annual Performance and Evaluation Report: 2021 HUD Program 2. Announcement: “Everyone Went to the Festa!” Free Event hosted by City Historian Mary Ann Fitzgerald September 27, 7 pm at the Saratoga Springs History Museum. 3. Discussion and Vote: Authorization for Mayor to Sign Intermunicipal Agreement with County of Saratoga for Animal Shelter Services 4. Discussion and Vote: Authorization to Accept Smartsheet Welcome Pack in Lieu of SS Vendor/Product Agreement 5. Discussion and Vote: Grant of License Agreement - 695 North Broadway ACCOUNTS DEPARTMENT 1. Discussion and Vote: Amend Chapter 136 of the City Code to Include Design Review Board for Review of Locations 2. Discussion and Vote: Authorization to Pay Invoice to GAR Associates 3. Discussion and Vote: Authorization for Mayor to Sign Contract with Cullen & Dykman, LLP for Legal Services 4. Announcement: Special Events 5. Announcement: Business Milestones FINANCE DEPARTMENT 1. Announcement: Appointment to Cannabis Task Force 2. Update: City Finances 3. Set Public Hearing: 2023 Comprehensive Budget 4. Discussion and Vote: Finance Policy and Procedure Manual Updates 5. Discussion and Vote: Budget Amendments - Payroll 6. Discussion and Vote: Budget Transfers - Payroll 7. Discussion and Vote: Budget Transfers - Risk & Safety PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Street Acceptance - Shaw Dr, Division St + Central Ave 2. Discussion and Vote: Authorization for Termination of Contract with Surpass for Orthophosphate 3. Discussion and Vote: Authorization for Termination of Contract with National Auto Fleet 4. Discussion and Vote: Authorization for Mayor to Sign Addendum #2 with Kathleen Suozzo, PE, PLLC for Sanitary Wastewater Pump Station Upgrades 5. Discussion and Vote: Authorization for Mayor to Sign Change Order # 2 with Carver Construction Inc for Water Distribution Pipe Replacement Phase 1 6. Discussion and Vote: Authorization for Mayor to Sign Addendum #4 with Niagara Mohawk Power Corp (d/b/a National Grid) for Leasing City Property on Weibel Ave  7. Discussion and Vote: Approval to Pay Invoice # 371498 to Surpass Chemical Company Inc. In The Amount Of $13,957.02 8. Discussion and Vote: Approval to Pay Invoice # 0520462-IN to Mahoney Notify-Plus Inc. In The Amount Of $760.00 9. Discussion and Vote: Department of Public Works Sick Bank Request 10. Discussion and Vote: Resolution for The City of Saratoga Springs to Accept Maintenance Responsibility to Maintain Median Landscaping Features on Owned by New York State on Route 9P (Union Avenue) PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to sign contracts for Emergency Medical Supplies provided by Bound Tree Medical, Henry Schein Inc., Life Assist Inc. and McKesson Medical Surgical Government Solutions, LLC 2. Set Public Hearing: Proposed Ordinance for Henry Street and McTygue Place 3. Set Public Hearing: Revised Progressive Panhandling Ordinance 4. Announcement: Fire Station 3 Progress SUPERVISORS ADJOURN Pre-Agenda Meeting September 19, 2022 September 19, 2022 CITY OF SARATOGA SPRINGS City Council Pre-Agenda Meeting City Council Room 474 Broadway 10:00 A.M. PRESENT: Ron Kim, Mayor Minita Sanghvi, Commissioner of Finance Dillon Moran, Commissioner of Accounts James Montagnino, Commissioner of DPS Jason Golub, Commissioner of DPW STAFF PRESENT: Angela Rella, Deputy Mayor Heather Crocker, Deputy Commissioner of Finance Stacy Connors, Deputy Commissioner of Accounts Jason Tetu, Deputy Commissioner of DPS Joseph O’Neill, Deputy Commissioner of DPW Anthony Izzo, City Attorney CALL TO ORDER Mayor Kim called the meeting to order at 10:03 a.m. PUBLIC HEARING 1. ADA Transition Plan 2. Amend Chapter 136 – Outdoor Dining 3. Design Review Board Proposed UDO Amendments 4. Local Law No. 3 of 2022 for Non-Union Employees 5. Street Acceptance – Shaw, Central, and Division 6. Weibel Avenue PUD Amendment PRESENTATONS There were no Presentations scheduled. Commissioner Moran stated to have had a proposed Black Lives Matter presentation with members of the Albany PCRB to understand their formation. Moran stated there had been a condition of a proposal by the group regarding content, and since the group did not have time in their schedule, it had been postponed for approximately two (2) weeks. Commissioner Moran stated to have spoken with the applicant of the Weibel Avenue PUD, as well as Zoning Department staff member Susan Barden. Moran stated the applicant did not want to proceed with the amendment the way it has been written. Moran stated the Planning Board would revise the amendment Page 1 of 6 Pre-Agenda Meeting September 19, 2022 with revised language. Moran asked whether the existing PUD should be closed and then reopened. Mayor Kim felt since the applicant would be including cannabis use, it could go in front of the Mayor’s Cannabis Board. Kim stated it would be fine to close the Weibel Avenue PUD Amendment, since it would not be discussed at the City Council Meeting. EXECUTIVE SESSION There were no Executive Session scheduled. CONSENT AGENDA 1. Approval of 06/07/2022 City Council Meeting Minutes 2. Approval of 07/05/2022 City Council Meeting Minutes 3. Approval of 08/16/2022 City Council Meeting Minutes 4. Approve Budget Transfers – Regular 5. Approve Budget Amendments – Regular (Insurance) 6. Approve Payroll 09/09/2022 $728,054.36 7. Approve Payroll 09/16/2022 $447,698.94 8. Approve Warrant 2022, 22SEP2 $4,985,105.71 No comments. MAYOR’S DEPARTMENT 1. Announcement: Public Comment Dates for Consolidated Annual Performance and Evaluation Report: 2021 HUD Program Mayor Kim stated there would be an announcement for public comments on the 2021 performance evaluations of the CDGB grants. 2. Announcement: “Everyone Went to the Festa!” Free Event hosted by City Historian Mary Ann Fitzgerald September 27, 7 p.m. at the Saratoga History Museum Mayor Kim stated there would be a free event on the history of the Feast of St. Michael. 3. Discussion and Vote: Authorization for Mayor to Sign Intermunicipal Agreement with County of Saratoga for Animal Shelter Services No additional comment. 4. Discussion and Vote: Authorization to Accept Smartsheet Welcome Pack in Lieu of SS Vendor/Product Agreement Mayor Kim stated Smartsheet is the planning software the Building and Planning Departments’ use. Kim stated in order to procure the use of the vendor agreement, the City would be required to add the company as a vendor and accept their comprehensive welcome package. Kim stated since the process is not the norm for the City, a Discussion and Vote would be required. Commissioner Moran stated the contract showed former Deputy Mayor Lisa Shield as the contact on the agreement. Moran asked whether the Council would be given visibility to the users of the Smartsheet product. Moran asked why the City had been forced into not using the City’s own product vendor agreement. Moran stated to be interested in reviewing the welcome pack. Mayor Kim stated the welcome pack is attached to the agenda for review. Kim stated Smartsheet had been used by all Planning Boards. Kim stated it had been used to coordinate applications to all the various boards. Kim stated Lisa Shield’s name had been referenced, because in the past Page 2 of 6 Pre-Agenda Meeting September 19, 2022 Shield’s credit card had been used for the payment of the agreement, which no longer would be the case. Kim stated Smartsheet to be a large company and the welcome pack is the way the company does business, and does not conform to individual municipalities’ processes and procedures. 5. Announcement: Grant of License Agreement – 695 North Broadway Mayor Kim stated the 695 North Broadway Agreement to be a Real Estate Committee Agreement. Mayor Kim referred to City Attorney Izzo for further explanation. Attorney Izzo stated the residential owners of 695 North Broadway had asked for an easement of a potential encroachment, which had been reviewed and approved by the Real Estate Committee. ACCOUNTS DEPARTMENT 1. Discussion and Vote: Amend Chapter 136 of the City Code to Include Design Review Board for Review of Locations Commission Moran stated there would be a Design Review Board piece of the application process of temporary outdoor dining location, which follows the same language as the Sidewalk Café review process. 2. Discussion and Vote: Authorization to Pay Invoice to GAR Associates Commissioner Moran stated the invoice had been timed out from being handled in the normal budget process. 3. Discussion and Vote: Authorization for Mayor to Sign Contract with Cullen & Dykman, LLP for Legal Services Commissioner Moran stated the contract would be for legal services for the Accounts Department. 4. Announcement: Special Events No additional comments. 5. Announcement: Business Milestones No additional comments. Commissioner Moran stated the Accounts Department would add a 6th item to the agenda. Moran stated a Short-Term Rental Workshop would be held at the City Center on October 5, 2022. Commissioner Moran added item #7 to the agenda: Purchasing Manual Changes to add redline. Attorney Izzo stated to have a brief comment regarding the Accounts Departments item #3, the hiring of legal counsel. Izzo stated he had approved the contract in the module, since it had been in proper form. Izzo stated the types of services indicated were Civil Service and Municipal Home Rule Law. Izzo stated to have given counsel to the current Council and prior Councils on the proposed laws being referenced for hire to outside legal services. Izzo stated not to be underqualified on the referenced points of law. Izzo stated he had given legal opinions in the past, which Commissioner Moran did not agree. Izzo stated to have respected Moran’s opinion. Izzo stated he would never attempt to interfere with the Page 3 of 6 Pre-Agenda Meeting September 19, 2022 Council’s authority, in the Charter, to hire outside counsel it deems fit to hire. Izzo stated not to have bias in the 36 years as part of the City’s Legal Department. FINANCE DEPARTMENT 1. Announcement: Appointment to Cannabis Task Force No additional comments. 2. Update: City Finances No additional comments. 3. Set Public Hearing: 2023 Comprehensive Budget Commissioner Sanghvi stated the 2023 Comprehensive Budget would be disclosed October 4, 2022. It is to be noted, the date for the Council Meeting for the Comprehensive Budget had been changed shortly after the September 19, 2022, Pre-Agenda due to a conflict with the religious holiday of Yum Kippur. The new date of the Council Meeting had been changed, by the Mayor’s Office, to October 6, 2022. 4. Discussion and Vote: Finance Policy and Procedure Manual Updates No additional comments. 5. Discussion and Vote: Budget Amendments – Payroll No additional comments. 6. Discussion and Vote: Budget Transfers – Payroll Commissioner Sanghvi stated the Finance Department would be adding an item on the Consent Agenda approved warrant 2022,22MWSEP1 in the amount $156,000.76. 7. Discussion and Vote: Budget Transfers – Risk & Safety Commissioner Sanghvi stated, at the September 6, 2022, Council Meeting there had been a budget transfer completed in error, and the transfer would be returned to their original lines. Commissioner Sanghvi stated there would be an addition of a Public Hearing on October 6, 2022, regarding the Saratoga County Sewer District 1 at 9 a.m. at the Board of Supervisors Chamber in Ballston Spa to discuss sewer rates for 2023. PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Street Acceptance – Shaw Drive, Division Street + Central Avenue No additional comments. 2. Discussion and Vote: Authorization for Termination of Contract with Surpass for Orthophosphate Page 4 of 6 Pre-Agenda Meeting September 19, 2022 Commissioner Moran asked whether the termination of contact had to do with lack of supply chain from the company. Commissioner Golub stated the lack of fulfilling the contract had been the reason for termination. Commissioner Golub stated item #7 would be the replacement of the required chemical for water treatment. 3. Discussion and Vote: Authorization for Termination of contract with National Auto Fleet No additional comments. 4. Discussion and Vote: Authorization for the Mayor to Sign Addendum #2 with Kathleen Suozzo, PE, PLLC for Sanity Wastewater Pump Station Upgrades No additional comments. 5. Discussion and Vote: Authorization for the Mayor to Sign Order #2 with Carver Construction Inc. for Water Distribution Pipe Replacement Phase 1 No additional comments. 6. Discussion and Vote: Authorization for the Mayor to Sign Addendum #4 with Niagara Mohawk Power Corp. (d/b/a National Grid) for Leasing City Property on Weibel Avenue No additional comments. 7. Discussion and Vote: approval to Pay Invoice #371498 to Surpass Chemical Company, Inc. in the Amount of $13,957.02 No additional comments. 8. Discussion and vote: Approval to Pay Invoice #0520462-IN to Mahoney Notify-Plus, Inc. in the Amount of $760.00 No additional comments. 9. Discussion and Vote: Department of Public Works Sick Bank Request No additional comments. 10. Discussion and Vote: Resolution for the City of Saratoga Springs to Accept Maintenance Responsibility to Maintain Median Landscaping Features on Owned by New York State on Route 9P (Union Avenue) Commissioner Golub stated NYS had scheduled improvement projects on Union Avenue from East Ave to Route 9P. Golub stated NYRA did not want to maintain the medians after construction. Golub stated language would be changed from the existing resolution attachment to what would be approved at the September 20, 2022, City Council Meeting. Commissioner Golub stated the Department of Public Works would add two (2) additional items to the agenda. Golub stated item #11 to be: Discussion and Vote for authorization for the Mayor to sign a contract with Netfore Systems Inc. for Access E11 Platform, which is the DPW public engagement platform. Golub stated item #12 to be: Public Hearing – Street Acceptance of Bliven Way. Page 5 of 6 Pre-Agenda Meeting September 19, 2022 PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Contracts for emergency Medical Supplies Provided by Bound Tree Medical, henry Schein, Inc., Life Assist, Inc., and McKesson Medical Surgical Government Solutions, LLC. Commissioner Sanghvi asked whether the contracts could be unbundled. Montagnino stated the contracts were bundled for convenience purposes. 2. Set Public Hearing: Proposed Ordinance for Henry Street and McTygue Place No additional comments. 3. Set Public Hearing: Revised Progressive Panhandling Ordinance Commissioner Montagnino stated there to be an error and the Public Hearing to be Revised Aggressive Panhandling Ordinance. 4. Announcement: Fire Station #3 Progress No additional comments. Commissioner Montagnino stated the Department of Public Safety would add item #5 – a Discussion and Vote: authorization for the Mayor sign a contract with Pittsfield Communications. Montagnino stated the contract would be a continuation of an existing contract in the amount of $665.00 per month. ADJOURN Commissioner Sanghvi moved and Commissioner Golub seconded to adjourn the meeting at 10:26 a.m. Respectfully submitted, Barbara Brindisi Assistant City Clerk Approved: Vote: Page 6 of 6