City Council

November 1, 2022 CITY OF SARATOGA SPRINGS City Council Meeting 474 Broadway 7:00 PM 6:30 PM P.H. – 2023 Comprehensive Budget P.H. – ADA Transition Plan P.H. – Amend Chapter 136 – Outdoor Dining to Include Design Review Board P.H. – Weibel Avenue PUD Amendment 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION 1. Stories for Success 2. ADA Transition Plan CONSENT AGENDA 1. Approval of 10/1/2022 Pre-Agenda Meeting Minutes 2. Approval of 10/6/2022 City Council Meeting Minutes 3. Approval of 9/20/2022 City Council Meeting Minutes 4. Approval of 9/27/2022 UDO Workshop Minutes 5. Approve Budget Amendments – Regular 6. Approve Budget Transfers - Regular 7. Approve Payroll 10/21/22 $673,980.41 8. Approve Payroll 10/28/22 $560,639.31 9. Approve Warrant 2022 22NOV1 $1,649,788.57 10. Approve Warrant 22MWOCT3 $64,299.90 MAYOR’S DEPARTMENT 1. Announcement: Beaver Pond Workshop November 2 at 5:30 p.m. 2. Discussion and Vote: Beaver Pond Village Letters of Credit 3. Discussion and Vote: Authorization to Pay Invoice to Goldberger & Kremmer in the Amount of $3,298.00 4. Discussion and Vote: Authorization to Pay Invoice to Goldberger & Kremmer in the Amount of $4,046.00 City Council Meeting November 1, 2022 5. Discussion and Vote: Authorization for Mayor to Sign Contract Addendum with Goldberger & Kremmer 6. Discussion and Vote: Authorization for Mayor to Sign Contract Addendum with Miller, Mannix, Schachner, & Hafner, LLC 7. Discussion and Vote: Resolution of Support for Malta Grant Application 8. Discussion and Vote: City Council to Adopt Phase 2 for ADA Transition Plan 9. Discussion and Vote: Mayor to Sign Rifenburg Change Order 10. Discussion and Vote: Request for Ice Fee Waiver 11. Discussion and Vote: Authorization for the Mayor to Sign a Contract with Allegion Access Technologies f/k/a Stanley Access Technologies, LLC 12. Discussion and Vote: 2023 City Council Meeting Dates ACCOUNTS DEPARTMENT 1. Award of Bid: Ice Rink Doors Replacement to Allegion Access Technologies, LLC 2. Discussion and Vote: Merit for Review to City and County Planning Boards for Comprehensive Amendment for Liberty Affordable Housing Project 3. Discussion and Vote: Amend Chapter 136 of the City Code to Include Design Review Board for Review of Locations 4. Set Public Hearing: Amend Chapter 212-24 of the City code for Senior Citizen Tax Exemptions 5. Announcement: The Link at SOBRO Housing Development Fund Company PILOT 6. Announcement: Special Recognition of Amy Ryan 7. Announcement: Short Term Rental Workshop #2 November 17, 2022 8. Announcement: Special Events FINANCE DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Contract with Mimecast in the Amount of $14,666.40 2. Discussion and Vote: Authorization for Mayor to Sign Contract with Vertiv Corporation in the Amount of $9,560.81 for Server Maintenance 3. Discussion and Vote: Authorization for Mayor to Sign Contract with Dell in the Amount of $31,681.80 for Microsoft 365 4. Update: City Finances 5. Announcement: Participatory Budgeting Update 6. Discussion and Vote: 2021 Excess Fund Balance Recommendation and Water and Sewer Deficit Recommendation 7. Discussion and Vote: Budget Transfers Payroll & Benefits 8. Discussion and Vote: Budget Amendments – Payroll and Benefits 9. Discussion and Vote: Budget Amendments – City Center PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Contract with Oneida Any Am, LLC (DBA Nye Ford) for a 2022 Ford Escape SEL AWD 2. Discussion and Vote: Approval to Pay Invoice #140061 to Oneida Any Am, LLC (DBA Nye Ford) in the Amount of $36,120.00 3. Discussion and Vote: Authorization for Mayor to Sign Contract with Tompkins Ecological Services for Beaver Trapping 4. Discussion and Vote: Authorization for Mayor to Sign contract with Milton Cat for Generator Maintenance 5. Discussion and Vote: Authorization for Mayor to Sign Change Order #1 with Jack Farrelly Company to Provide Re-install Water Line Stop for 24” Gear Reduction Valve Replacement Project 6. Discussion and Vote: Authorization for Mayor to Sign Change Order #3 with CFI Contracting, Inc. to Provide General Construction for Excelsior Springs Pump Station Page 2 of 20 City Council Meeting November 1, 2022 7. Discussion and Vote: Authorization for the Mayor to Sign Contract with Pallette Stone Corp. for Crushed Stone 8. Announcement: 2022 Paving Program PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Authorization to Pay Invoice to Mohawk Chevrolet in the Amount of $1,140 2. Discussion and Vote: Authorization for the Mayor to Sign the EZ Pass Application 3. Discussion and Vote; Authorization for the Mayor to Sign License Agreement with the Saratoga Springs PBA for the Use of the PBA Range and Building for Police Department Training 4. Discussion and Vote: Authorization to Pay Invoice to Mikayla Tougas for Mileage Reimbursement in the Amount of $407.16 SUPERVISORS Matthew Veitch 1. Appointment to the Cannabis Committee 2. Saratoga County Budget Schedule Tara Gaston 1. Public Health Update 2. Voting Information 3. Appointment to the Cannabis Committee ADJOURN Page 3 of 20 City Council Meeting November 1, 2022 November 1, 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 Matthew Veitch, Supervisor Tara Gaston, Supervisor STAFF PRESENT: Angela Rella, Deputy Mayor Heather Crocker, Deputy Commissioner, Finance Stacy Connors, Deputy Commissioner, Accounts Joe O’Neill, Deputy Commissioner, DPW (left at 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 HEARINGS 2023 Comprehensive Budget Mayor Kim opened the public comment period at 6:45 p.m. No one spoke. Mayor Kim concluded the public hearing at 6:46 p.m. and kept it open. ADA Transition Plan Mayor Kim opened the public comment period at 6:46 p.m. No one spoke. Mayor Kim closed the public hearing at 6:47 p.m. Page 4 of 20 City Council Meeting November 1, 2022 Amend Chapter 136 – Outdoor Dining to Include Design Review Board Mayor Kim opened the public comment period at 6:47 p.m. No one spoke. Mayor Kim closed the public hearing at 6:48 p.m. Weibel Avenue PUD Amendment Mayor Kim opened the public comment period at 6:48 p.m. No one spoke. Mayor Kim concluded the public hearing at 6:49 p.m. and kept it open. CALL TO ORDER Mayor Kim called the meeting to order at 7:00 p.m. PUBLIC COMMENT Mayor Kim advised there are rules to public comment. People have two minutes to use or lose it. He asked all to be kind as we all are part of the same community. He also asked the speakers to be factual. The Council members may respond if they choose. Mayor Kim opened the public comment period at 7:01 p.m. Tim Cole of Saratoga Springs stated he was here a couple weeks ago regarding panhandling. Tonight he is here to mention the safety in Beaver Pond. The developer went bankrupt and there are streets that are not finished, catch basins that are slightly elevated, and manhole covers missing. The builder also did not install streetlights and have had many cases of vandalism. Mr. Cole supported the City Council to approve the resolution to pull the letter of credit. Todd Shimkus of the Saratoga County Chamber of Commerce provided a packet to the Council and the supervisors regarding a campaign “Love Our Locals”. All people have to do is purchase a service from a local business and spend at least $20.20, e-mail the receipt to the Chamber and be entered into a contest to win a gift card each week. John Kaufmann of Saratoga Springs provided a handout to Commissioner Sanghvi and stated she wrote to him stating she would answer his questions regarding the budget within 5 – 10 business days but still has not answered it. Mr. Kaufmann asked if Commissioner Sanghvi plans to answer his e-mail. In regards to the Liberty Project, it is not clear that there is a guarantee stating the project will remain affordable housing. It is premature to rush forward with this project if there is no clear legal basis that it will remain affordable. It also exceeds the density for UR-4. Commissioner Moran stated the point Mark Torpey was making is it is exceeding the density for RR-1. It is midway for the density of UR-4. John Kaufmann stated he doesn’t see the legal basis in the statute. He watched Ms. Ferradino’s presentation and there is no clear legal basis for ensuring. Commissioner Moran stated all this company does is affordable housing. Page 5 of 20 City Council Meeting November 1, 2022 John Kaufmann asked for an e-mail explaining how legally it will be enforced to keep it affordable. He asked someone to lay out how the statutory basis will be done. There is a problem with transparency here. The questions are basic. Diogenes of stolen land stated her community is suffering with bad roads and no lighting. Sam Brewer of Saratoga Springs stated at the last Council meeting there was an incident where 10 or 20 people didn’t stand for the Pledge of Allegiance. He did a little research and found a Civil War captain who wrote the Pledge of Allegiance because he recognized identity caused half a million deaths. There are people who didn’t rise for the Pledge today and he thinks they are mental ill. Mayor Kim closed the public comment period at 7:14 p.m. PRESENTATION Stories for Success Mayor Kim introduced young ladies who at the age of 16 started their own non-profit. The ladies go to the hospital and give a bag of books to newborns. Stories for Success was created by Ciara Meyer, president; Annabelle Brueggemann, director of volunteers; Maddie Cook, chief financial officer; Ava Kuruzovich, director of events; and Mia Hayes, director of marketing. Ciara stated they found the Stories for Success when they were in eighth grade. They provide every baby born, since 2021, with a book bag that includes children’s books, library card information; a Northshire Bookstore approved reading list and literacy program information. Maya advised they recently received the Literary Champion Award from the Friends of the Saratoga Springs Public Library. She thanked Mayor Kim for presenting the award to them. Kyra advised to support their mission; one can volunteer, donate gently used books or new books, or give monetary donations. Donations can be made through their website at www.storiesforsuccess.carrd.co.; their e-mail is storiesforsuccess.saratoga@gmail.com ADA Transition Plan Tina Carton, administrator of parks, open space and sustainability presented. There are over three million adults with a disability in New York State. Carrie Ward of the Capital District Transportation Committee stated Americans with Disabilities Act provides comprehensive civil rights protections to people with disabilities. Article 8 requires each public entity to develop a transition plan that ensures accessible facilities are provided in public right-of-ways. Guidelines/standards being used are the Public Right of Way Accessibly Guidelines, which are widely accepted and provide design guidance for everything they evaluated in their assessment. The DOT has adopted them as their standard. Data collection was completed by City staff and Labella Associates. There are over 98 miles of sidewalks and 2.8 miles of trails (pre Geyser Road and Downtown Connector trails). Over 50% of the sidewalks are fully accessible with the most common sidewalk defect being heaving panels and obstruction. Approximately 80% of the City’s curb ramps do not have pedestrian signals but they are not required. Transit stops were evaluated to verify the width and depths to accommodate a wheelchair. Tina Carton advised the prioritization framework identified location priorities as 1. Facilities and intersections serving government facilities; 2. Facilities and intersections serving the Broadway corridor, Page 6 of 20 City Council Meeting November 1, 2022 healthcare facilities, education sites, and commercial corridors; and 3. Facilities and intersections serving other areas including parks and historic sites. The cost estimate was done using the NYSDOT quick estimator reference, which is $323,960 per year and would be a 10-year project, with inflation will be $421,143 per year. The ADA coordinator is our city attorney. Next steps include the adoption of the ADA Transition Plan Phase 2. Commissioner Montagnino confirmed the streets that have no sidewalks were not looked at as part of this plan. Tina advised this plan looks at existing sidewalks only. Tara Gaston stated a comment she receives is regarding snow/ice build-up and inquired if the complaint form would be used for that. Tina advised that could be an avenue in the process. PUBLIC WORKS DEPARTMENT (part 1) Discussion and Vote: Authorization for Mayor to Sign Contract with Oneida Any Am, LLC (DBA Nye Ford) for a 2022 Ford Escape SEL AWD (22-475) Commissioner Golub advised in order to expedite the purchasing process he is requesting the approval of this contract. The last time the Department of Public Works attempted to purchase a vehicle, the vehicle was sold before the contract could be approved. Commissioner Golub moved and Commissioner Sanghvi seconded to authorize the mayor to sign a contract with Oneida Any Am, LLC for a 2022 Ford Escape SEL AWD valid until December 21, 2022 in the amount of $36,120. Ayes – Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim. Nays – 0 Discussion and Vote: Approval to Pay Invoice #140061 to Oneida Any Am, LLC (DBA Nye Ford) in the Amount of $36,120.00 (22-476) Commissioner Golub moved and Commissioner Sanghvi seconded to authorize the payment of invoice #140061 to Oneida in the amount of $36,120. Ayes – Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim. Nays – 0 CONSENT AGENDA Commissioner Montagnino moved and Commissioner Moran seconded to approve the Consent Agenda. 1. Approval of 10/1/2022 Pre-Agenda Meeting Minutes 2. Approval of 10/6/2022 City Council Meeting Minutes 3. Approval of 9/20/2022 City Council Meeting Minutes 4. Approval of 9/27/2022 UDO Workshop Minutes 5. Approve Budget Amendments – Regular 6. Approve Budget Transfers - Regular 7. Approve Payroll 10/21/22 $673,980.41 Page 7 of 20 City Council Meeting November 1, 2022 8. Approve Payroll 10/28/22 $560,639.31 9. Approve Warrant 2022 22NOV1 $1,649,788.57 10. Approve Warrant 22MWOCT3 $64,299.90 Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 SUPERVISORS Matthew Veitch Appointment to the Cannabis Committee Supervisor Veitch reported he is appointing Carl Strock from Saratoga Springs to the Cannabis Committee. Carl was born and raised in Saratoga Springs and attended Tufts University. Saratoga County Budget Schedule Supervisor Veitch reported the Saratoga County budget was released today. The budget is $378.3 million dollars, which is $3.2 million less than the 2022 budget. There will be a 5% property tax reduction for 2023. The public hearing is scheduled for November 30, 2022 at 4 p.m. and scheduled for adoption on December 14, 2022 at 4:30 p.m. Tara Gaston Public Health Update Supervisor Gaston reported the seven-day rolling positivity rate for COVID is lower than it has been. The flu and RSV virus rates are rising across the nation and in New York State. Many of these illnesses have the same characteristics. If someone is showing symptoms of any of these, reach out to a medical provider as soon as possible to be tested. The Saratoga County community health survey is out. Supervisor Gaston encouraged people to take the survey. Voting Information Supervisor Gaston reported early voting continues until November 6, 2022. If a person is denied the right to vote or intimidated at the polls, the attorney general hotline to call is 866-390-2992 or e-mail at election.hotline@ag.ny.gov. Appointment to the Cannabis Committee Supervisor Gaston pulled this item from her agenda. MAYOR’S DEPARTMENT Announcement: Beaver Pond Workshop November 2 at 5:30 p.m. Mayor Kim announced the Beaver Pond workshop is scheduled for tomorrow night at 5:30 p.m. in the Music Hall. Page 8 of 20 City Council Meeting November 1, 2022 Discussion and Vote: Beaver Pond Village Letters of Credit (22-477) Mayor Kim moved and Commissioner Golub seconded the adoption of the following resolution as read: 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, NY, as follows: WHEREAS, in 2010, the City of Saratoga Springs Planning Board issued an approval to Beaver Pond Village for a multiple- phased residential development of 85 lots, located on Geyser Rd. in the City of Saratoga Springs, and WHEREAS, financial guarantees were provided by the developers of that project in the form of several letters of credit, and WHEREAS, the developer has completed some of the construction and a number of residential units are now occupied, however, the developer has failed to meet all of its obligations to the City. This Council finds that it is in the public interest to negotiate the letters of credit, NOW, THEREFORE, BE IT RESOLVED that this Council authorizes the Mayor to negotiate the letters of credit on an as- needed basis. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Commissioner Golub advised the Department of Public Works has committed to the plowing and salting of the streets in Beaver Pond for the winter. Discussion and Vote: Authorization to Pay Invoice to Goldberger & Kremmer in the Amount of $3,298.00 (22-478) Mayor Kim stated the invoice is dated July 29, 2022. There are sufficient funds in the contract to pay the bill. Mayor Kim moved and Commissioner Sanghvi seconded to authorize payment of invoice to Goldberger & Kremmer in the amount of $3,298 and authorize issuance of mid warrant by Thursday, November 3, 2022. Ayes – 4 (Mayor Kim, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 1 (Commissioner Moran) Mayor Kim moved and Commissioner Montagnino seconded to amend the motion to authorize payment go in the next mid warrant. Ayes – All (Commissioner Moran, Mayor Kim, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Authorization to Pay Invoice to Goldberger & Kremmer in the Amount of $4,046.00 (22-479) Mayor Kim moved and Commissioner Montagnino seconded to authorize payment of invoice to Goldberger & Kremmer in the amount of $4,046 and authorize issuance of a mid-warrant by Thursday, November 3, 2022. Ayes – 4 (Mayor Kim, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 1 (Commissioner Moran) Page 9 of 20 City Council Meeting November 1, 2022 Mayor Kim moved and Commissioner Sanghvi seconded to amend the motion to authorize payment go in the next mid warrant. Ayes – All (Commissioner Moran, Mayor Kim, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Authorization for Mayor to Sign Contract Addendum with Goldberger & Kremmer (22-480) Mayor Kim advised Goldberger & Kremmer is the City’s labor counsel. Various departments have different needs; the slide attached represents the breakout by department. Mayor Kim advised they are looking to increase the contract amount by $20,000 to a total amount of $50,000. Mayor Kim moved and Commissioner Montagnino seconded to authorize the mayor to sign a contract addendum with Goldberger & Kremmer to increase the March 11, 2022 contract amount by $20,000 to total contract amount of $50,000. Commissioner Moran stated the mayor’s suggested through the use of contracted legal organizations will save the City money but then the mayor used one of these entities against another person in the government creating an adverse condition and then denied the other party proper representation. If the employment attorney is used to attack another department and its employees, that other department doesn’t have the ability to work with that hired labor attorney. Mayor Kim stated the Accounts Department has used Goldberger and Kremmer. Commissioner Moran stated he cannot use them because the mayor has used them and created an adverse situation; therefore, he cannot get proper representation. Commissioner Moran asked Mayor Kim if he used Miller, Mannix, Schachner and Hafner for purposes outside of the Planning Board. Mayor Kim stated he did not; he used them all for land use. Commissioner Moran asked if Miller, Mannix, Schachner and Hafner covered the mayor when he was appealing Judge Wait’s determination. Mayor Kim stated that was a land use matter. Goldberger and Kremmer provided a legal analysis if the City Council could act legally to move risk and safety over to the mayor. Commissioner Moran stated Brian Kremmer told him “I cannot work for you because I am working for the mayor on this.” Mayor Kim stated he is certain Brian Kremmer would deny that. Ayes – 4 (Mayor Kim, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 1 (Commissioner Moran) Discussion and Vote: Authorization for Mayor to Sign Contract Addendum with Miller, Mannix, Schachner, & Hafner, LLC (22-481) Mayor Kim moved and Commissioner Sanghvi seconded to increase the 12/21/2021 contract amount with Miller, Mannix by $20,000 to a total contract amount of $70,000. Commissioner Moran asked if code enforcement is a public safety matter not a land use matter. Mayor Kim stated it is a land use matter. They enforce actions related to the use of property. Page 10 of 20 City Council Meeting November 1, 2022 Commissioner Montagnino stated the parties were back in court on related but separate enforcement actions during the appendence of the appeal. Tony Izzo, city attorney, stated the code administrator sited additional violations of the Zoning Ordinance. Ayes – 4 (Mayor Kim, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 1 (Commissioner Moran) Discussion and Vote: Resolution of Support for Malta Grant Application (22-482) Mayor Kim advised the Town of Malta is applying to the Hudson River Greenway for a grant for Saratoga Lake special storm water protection standards. Resolution is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK Supporting the Town of Malta to file a grant application with the Hudson River Valley Greenway to fund Saratoga Lake Special Stormwater Protection Standards BE IT RESOLVED, by the City Council of the City of Saratoga Springs, New York, as follows: WHEREAS, on behalf of the Saratoga Lake Protection and Improvement District, the Town of Malta is applying to the Hudson River Greenway for a grant under the Hudson River Greenway Planning Grant Program during the funding round of November 4, 2022. The grant is for a project entitled Saratoga Lake Special Stormwater Protection Standards. This project will create standards for stormwater protection for properties located in the towns of Malta, Stillwater, and Saratoga, and the City of Saratoga Springs, and will provide a public benefit; and WHEREAS, all four involved municipalities are official “Greenway” communities and therefore eligible to be part of the grant; and WHEREAS, the Town of Malta is requesting Hudson River Valley Greenway funds in the amount of $15,000 which will be matched with $15,000 shared by the Saratoga Lake Protection and Improvement District and the four involved municipalities, making the total project value $30,000, NOW, THEREFORE, BE IT RESOLVED, that this City Council hereby endorses the Town of Malta’s application for the above described grant under the Hudson River Valley Greenway Planning Grant Program, for the project entitled Saratoga Lake Special Stormwater Protection Standards. Mayor Kim moved and Commissioner Montagnino seconded to approve the resolution of support for Malta Grant application. The grant will create standards for storm water protection for properties in Town of Saratoga, Malta, Stillwater, and the City of Saratoga Springs. The City is agreeing to approve a match of no more than $3,750 of in-kind services. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: City Council to Adopt Phase 2 for ADA Transition Plan (22-483) Mayor Kim advised the City of Saratoga Springs is working with Capital District Transportation Committee to complete phase 2 of the plan. The public hearing period closed today, November 1, 2022. Mayor Kim moved and Commissioner Montagnino seconded to adopt Phase 2 of the ADA Transition Plan. Commissioner Moran asked what the total build out cost is. Tina Carton stated this is a 10-year plan and up to the City Council moving forward. The City will be working towards completing two miles per year. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Page 11 of 20 City Council Meeting November 1, 2022 Nays – 0 Discussion and Vote: Mayor to Sign Rifenburg Change Order (22-484) Mayor Kim advised this is for construction of the downtown connector trail. Mayor Kim moved and Commissioner Moran seconded to authorize the mayor to sign change order for Rifenburg Corporation in the amount of $56,401.37. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Request for Ice Fee Waiver (22-485) Mayor Kim advised this is for the police vs. fire charity ice hockey game. All funds will be donated to the Franklin Community Center. Mayor Kim moved and Commissioner Montagnino seconded to approve the ice fee waiver valued at approximately $540. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Award of Bid: Ice Rink Doors Replacement to Allegion Access Technologies, LLC (22-486) Commissioner Moran moved and Commissioner Montagnino seconded to award the bid for ice rink doors replacement to Allegion Access Technologies, LLC in the amount not to exceed $43,400. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Authorization for the Mayor to Sign a Contract with Allegion Access Technologies f/k/a Stanley Access Technologies, LLC (22-487) Mayor Kim moved and Commissioner Sanghvi seconded to authorize the mayor to sign a contract with Allegion Access in the amount of $43,400. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: 2023 City Council Meeting Dates (22-488) Mayor Kim advised there are five meetings where the times would vary due to a long weekend or holiday. It is difficult particularly for the mayor’s staff to get all the work done on this. Changing of a Council date has been done before and is legal. The last time this was done was November 2013. Tony Izzo, city attorney stated the Charter states the Council shall meet the first and third Tuesday of the month. The Committee on Open Government doesn’t say a lot about the rescheduling of regular meetings. It is not supportable to say you can never change an open meeting. If the public has adequate notice of the change of a meeting, it is acceptable. Page 12 of 20 City Council Meeting November 1, 2022 Mayor Kim moved and Commissioner Sanghvi seconded that after consultation with some of the Council members, there are seven City Council meeting dates in 2023 that would be moved from a Tuesday to that Thursday – January 5, 2023, January 19, 2023, February 23, 2023, June 22, 2023, July 6, 2023, September 7, 2023, and November 9, 2023. Commissioner Moran put forward a friendly amendment to revise the list to the Fourth of July and Election Day only. These are the only recognized holidays that fall on a Council meeting date. There are financial ramifications on the procedures and processes for the people inside City Hall. Commissioner Montagnino suggested an amendment to the friendly amendment. The person most adversely impacted when there is a three-day weekend is the deputy mayor. He suggested the two dates suggested by Commissioner Moran with an understanding the agenda would close one day earlier when there is a three-day weekend intervening before the next Tuesday Council meeting. Mayor Kim advised that has been proposed previously and received a lot of objections. The Finance Department has the most work after the deputy mayor. Commissioner Moran stated his employees have to type in every single entry that goes on to a warrant. Commissioner Sanghvi stated the Accounts Department could keep their deadlines if they go with the original motion made by the mayor. The Finance Office will figure out their deadlines based upon these dates. The director of finance is willing to work with the Council as long as they have the dates well in advance. Mayor Kim stated he will second Commissioner Moran’s motion for the Fourth of July and Election Day. Mayor Kim stated they will publish the hard deadlines for the other five dates and figure out the pre- agenda meeting. Commissioner Sanghvi asked to add January 3rd to that list. Commissioner Moran stated the simplest way to address this is to make a change if the holiday falls on a Council meeting day. Mayor Kim withdrew his motion to add the seven dates and seconded the motion to address the two dates – Fourth of July and Election Day. The meeting date will move to the Thursday of that week. Commissioner Moran restated his motion and Mayor Kim seconded that the Council date of July 4, 2023 will move to July 6, 2023 and the Council date of November 7, 2023 will move to November 9, 2023. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Mayor Kim moved and Commissioner Moran seconded to add an item to extend the Planning Board’s deadline of an advisory opinion by 30 days for Liberty Affordable Housing. (22-489) Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Commissioner Moran asked Steve Dobbs (Phinney Design) if moving the response out 30 days will have a negative effect on them. Page 13 of 20 City Council Meeting November 1, 2022 Mr. Dobbs stated they expected this. This will not have an effect on them. Discussion and Vote: Approval to Extend the Planning Board’s Advisory Opinion by 30 Days for the Liberty Affordable Housing Project (22-490) Mayor Kim moved and Commissioner Moran seconded to move to extend by an additional 30 days the Planning Board’s deadline to provide an advisory opinion on the zoning map amendment for the Liberty Housing project. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 ACCOUNTS DEPARTMENT Discussion and Vote: Merit for Review to City and County Planning Boards for Comprehensive Amendment for Liberty Affordable Housing Project (22-491) Commissioner Moran advised The City Planning Board inquired about the density requirements for the Liberty housing site under the proposed zoning amendment and the density set forth in the Comprehensive Plan for the site. The applicant was asked to prepare a draft map depicting the site with a land use category consistent with the UR-4 zoning and the proposed plan for development of the site. The Council has the authority to amend the Comprehensive Plan Map and Commissioner Moran is requesting the draft map be sent to the City and County Planning Boards for review and advisory opinion to amend the present Comprehensive Plan Map to designate the subject parcel as CRN-2 and consider that amendment in conjunction with the proposed request for rezoning. Commissioner Moran moved and Commissioner Sanghvi seconded that the proposed draft map amendment to the Comprehensive Plan has merit for review and be forwarded to the City and County Planning Boards for review and advisory opinion. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Amend Chapter 136 of the City Code to Include Design Review Board for Review of Locations (22-492) Commissioner Moran stated a public hearing was held earlier this evening on this. Commissioner Moran moved and Commissioner Sanghvi seconded to amend Chapter 136 of the City Code to include the Design Review Board to review applications of establishments within certain locations as included with the agenda. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Set Public Hearing: Amend Chapter 212-24 of the City code for Senior Citizen Tax Exemptions Commissioner Moran set a public hearing for Tuesday, November 15, 2022 to hear comments regarding the increase in the income level for the senior citizen exemption. The current income amount for the City is $32,400 or less to be eligible for the discount. We are proposing the amount be raised to $37,400, Page 14 of 20 City Council Meeting November 1, 2022 which matches the amount the school district uses. The County of Saratoga is reviewing their amount and plan to increase as well. Announcement: The Link at SOBRO Housing Development Fund Company PILOT Commissioner Moran advised a pilot was created for a housing development to be constructed on the old diner parcel on South Broadway. This project is no longer viable and will not be developed; therefore, this parcel needs to be put back on the tax roll. Commissioner Moran formally announced that tonight and requested the Assessment Office take the necessary steps to make this happen. Announcement: Special Recognition of Amy Ryan Commissioner Moran advised Amy Ryan was his appointee to the City’s Infrastructure Committee. Amy just received global recognition for her work and expertise. It was announced that Amy is being recognized in the Top 50 Global in Sustainability for 2022. She was chosen and nominated by peers in this diverse field. When Amy was interviewed for this award, she was informed that she is one of the first “circular economists” in North America. Commissioner Moran congratulated Amy. Announcement: Short Term Rental Workshop #2 November 17, 2022 Commissioner Moran announced the second short term rental workshop is Thursday, November 17 at 6 p.m. at the City Center. Announcement: Special Events Commissioner Moran announced Election Day is next week. The Saratoga New Year’s Fest is December 31, 2022. Commissioner Moran congratulated The Local for having completed 15 years in business. FINANCE DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Contract with Mimecast in the Amount of $14,666.40 (22-493) Commissioner Sanghvi advised the contract is for cyber security. Commissioner Sanghvi moved and Commissioner Montagnino seconded to authorize the mayor to sign a contract with Mimecast in the amount of $14,666.40. Commissioner Moran asked if this went through the contract process. Commissioner Sanghvi stated this is a contract and there is a supporting document with SHI and does not have money attached. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Authorization for Mayor to Sign Contract with Vertiv Corporation in the Amount of $9,560.81 for Server Maintenance (22-494) Page 15 of 20 City Council Meeting November 1, 2022 Commissioner Sanghvi advised this contract is for server maintenance for three years. Commissioner Sanghvi moved and Commissioner Golub seconded to authorize the mayor to sign a contract with Vertiv Corporation in the amount of $9,560.81 for server maintenance. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Authorization for Mayor to Sign Contract with Dell in the Amount of $31,681.80 for Microsoft 365 (22-495) Commissioner Sanghvi advised this is for 270 Microsoft software licenses. Commissioner Sanghvi moved and Mayor Kim seconded to authorize the mayor to sign a contract with Dell in the amount of $31,681.80 for Microsoft 365. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Update: City Finances Commissioner Sanghvi advised the Finance Department has been holding budget workshops during the month of October in preparation of the 2023 budget. Final revisions to the budget will be completed during the month of November and will be distributed to the Council for review and approval. The New York State Comptroller released the October report on sales tax that of the cities that collect their own sales tax, Saratoga Springs has the second strongest year on year increase at 24%. The 2023 sales tax collection year to date is $11.6 million dollars; mortgage tax is $2.2 million dollars, and occupancy tax is $572,000. Announcement: Participatory Budgeting Update Commissioner Sanghvi announced the Committee has been working hard. The Committee has met with the Department of Public Works and the Recreation Department to discuss proposals received. There have been over 20 proposals with several of them going on the ballot. Voting will take place on line from December 3 to December 11, 2023. Requirements to vote are being a resident of Saratoga Springs and be over the age of 18. There will be a presentation on this in December. Discussion and Vote: 2021 Excess Fund Balance Recommendation and Water and Sewer Deficit Recommendation (22-496) Commissioner Sanghvi advised she is removing the water and sewer deficit recommendations as discussions continue. The City’s 2021 audited unrestricted/unassigned fund balance for the general fund is 28.4% or $15,441,301 of the adopted 2022 budget. Recommendations include the following:  Capital Reserve – adding $150,000 to the current balance of $444,798, for a new balance of $599,798.  Retirement Reserve – add $250,000 to current balance of $761,412, for a new balance of $1,011,412.  Bonded Indebtedness Reserve – add $750,000 to current balance of $169,468, for a new balance of $919,468.  Insurance Reserve – add $75,000.00 to current balance of $155,258.62 for a new balance of $230,258.62.  Assignments – use $665,719 of excess fund balance to add the following assignments: o IT initiatives – add $100,000 to current balance of $125,000, for a new balance of $225,000. Page 16 of 20 City Council Meeting November 1, 2022 o Right Sizing - add $565,719 to current balance of $200,000, for a new balance of $765,719. o Use $1,800 of excess fund balance for a one-time expense to purchase an air purifier for the Civil Service Office. Commissioner Golub stated they have been looking at the Department of Public Works’ budget to see where they can find additional funds to install sidewalks. They have found the $1 million dollars in the state touring funds can be used to install sidewalks; therefore, they plan to allocate funds directly to Grand Avenue in 2023. Commissioner Sanghvi stated upward of $1 million dollars will be going toward Grand Avenue sidewalks. Commissioner Sanghvi moved and Commissioner Montagnino seconded to approve the recommendations for the excess fund balance as presented. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Budget Transfers Payroll & Benefits (22-497) Commissioner Sanghvi moved and Commissioner Montagnino seconded lines 1-9 and line 20 are Department of Public Safety transfers for training, comp time, overtime and dispatch; lines 10-13 is for Department of Public Works for Arts Center building maintenance; and lines 14-19 are for Department of Public Works for water treatment and Gilbert Road. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Budget Amendments – Payroll and Benefits (22-498) Commissioner Sanghvi moved and Commissioner Montagnino seconded lines 1-2 for Department of Public Safety state aid for health care workers. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Budget Amendments – City Center (22-499) Commissioner Sanghvi moved and Commissioner Moran seconded lines 1-4 for the purchase of maintenance equipment. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Commissioner Sanghvi moved and Commissioner Moran seconded to add an item to the agenda authorizing the mayor to sign a document with SHI International Corp. (22-500) Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Page 17 of 20 City Council Meeting November 1, 2022 Discussion and Vote: Authorization for the Mayor to Sign Agreement/Contract with SHI (22-501) Commissioner Sanghvi advised this works with the Mimecast agreement. Commissioner Sanghvi moved and Commissioner Moran seconded to authorize the mayor to sign the agreement/contract with SHI. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 PUBLIC WORKS DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Contract with Tompkins Ecological Services for Beaver Trapping (22-502) Commissioner Golub advised this contract is for trapping of beavers around Loughberry Lake. Commissioner Golub moved and Commissioner Moran seconded to authorize the mayor to sign a contract with Tompkins Ecological Services for beaver trapping valid until 11/1/23 in the amount $7,162. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Authorization for Mayor to Sign contract with Milton Cat for Generator Maintenance (22-503) Commissioner Golub advised this contract is for annual preventative maintenance service for generators. Commissioner Golub moved and Commissioner Sanghvi seconded to authorize the mayor to sign a contract with Milton Cat for generator maintenance valid until 12/31/22 in amount of $11,823.70. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Authorization for Mayor to Sign Change Order #1 with Jack Farrelly Company to Provide Re-install Water Line Stop for 24” Gear Reduction Valve Replacement Project (22-504) Commissioner Golub advised this change order due to finding a hard mineral build up in the water main prohibiting line stops from fully sealing from the main. Commissioner Golub moved and Commissioner Moran seconded to authorize the mayor to sign change order #1 with Jack Farrelly Company to re-install water line stop for 24” gear reduction valve for replacement project in the amount of $16,200. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Authorization for Mayor to Sign Change Order #3 with CFI Contracting, Inc. to Provide General Construction for Excelsior Springs Pump Station (22-505) Page 18 of 20 City Council Meeting November 1, 2022 Commissioner Golub advised this change order is for additional landscaping at the Excelsior Spring pump station in the amount of $18,447.45 of which $9,640 is paid for in the project allowance. Change order #3 includes a remaining balance of $8807.18, which brings the total contract fee to $990,522.95. Commissioner Golub moved and Commissioner Sanghvi seconded to authorize the mayor to sign change order #3 with CFI Contracting to provider general construction for Excelsior Spring pump station in the amount of $8,807.18. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Authorization for the Mayor to Sign Contract with Pallette Stone Corp. for Crushed Stone (22-506) Commissioner Golub advised this is a piggyback contract off Saratoga County for crushed stone, gravel, and sand. Commissioner Golub moved and Commissioner Sanghvi seconded to authorize the mayor to sign a contract with Pallette Stone Corp. for crushed stone valid until 10/20/23 in the amount not to exceed unit bid price. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Announcement: 2022 Paving Program Commissioner Golub announced the 2022 paving program was very successful. A total of 30 street sections totaling 5.87 miles was completed. The Department of Public Works is going to maintain paving records by year using Goggle Earth allowing them to track location and distances by year. This will help with future tracking and planning of the paving program. PUBLIC SAFETY DEPARTMENT Discussion and Vote: Authorization to Pay Invoice to Mohawk Chevrolet in the Amount of $1,140 (22- 507) Commissioner Montagnino advised this is for one of the police cars. Commissioner Montagnino moved and Commissioner Moran seconded to authorize the payment of invoice to Mohawk Chevrolet in the amount of $1,140. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Authorization for the Mayor to Sign the EZ Pass Application (22-508) Commissioner Montagnino advised this is for investigators for when they travel out of town. Commissioner Montagnino moved and Commissioner Sanghvi seconded to authorize the mayor to sign the EZ pass application. Page 19 of 20 City Council Meeting November 1, 2022 Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Authorization for the Mayor to Sign License Agreement with the Saratoga Springs PBA for the Use of the PBA Range and Building for Police Department Training (22-509) Commissioner Montagnino advised this is for police training. This will save travel time and overtime pay for the travel. The amount of the agreement is $15,000 through 2023. Commissioner Montagnino moved and Commissioner Sanghvi seconded to authorize the mayor to sign a license agreement with the Saratoga Springs PBA for use of the PBA range and building for Police Department training. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Authorization to Pay Invoice to Mikayla Tougas for Mileage Reimbursement in the Amount of $407.16 (22-510) Commissioner Montagnino advised Mikayla is a firefighter who is owed travel reimbursement for travel to and from the fire academy. Commissioner Montagnino moved and Commissioner Sanghvi seconded to authorize the payment of invoice to Mikayla Tougas for mileage reimbursement in the amount of $407.16. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Commissioner Montagnino mentioned Fire Station 3 is moving along according to plan. ADJOURN Commissioner Sanghvi moved and Commissioner Moran seconded to adjourn the meeting at 9:35 p.m. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Respectfully submitted, Lisa Ribis Secretary to the City Council Approved: 3/21/2023 Vote: 4 - 0 Page 20 of 20