City Council

December 5, 2022 CITY OF SARATOGA SPRINGS City Council Pre-Agenda Meeting 474 Broadway 10:00 AM 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: Heather Crocker, Deputy Commissioner, Finance Stacy Connors, Deputy Commissioner, Accounts EXCUSED: Angela Rella, Deputy Mayor Joe O’Neill, Deputy Commissioner, Department of Public Works Jason Tetu, Deputy Commissioner, Department of Public Safety Matthew Veitch, Supervisor Tara Gaston, Supervisor CALL TO ORDER Mayor Kim called the meeting to order at 10:01 a.m. PUBLIC HEARING 1. Amend Capital Budget – Purchase of Fire Vehicle – no comments. 2. Amend Chapter 136 – no comments. 3. Amend Chapter 212-24 Senior Citizen Exemption – no comments. 4. Enhancing Union Avenue – no comments. 5. Liberty Affordable Housing – Amend Zoning and Comprehensive Plan Map – no comments. 6. Weibel Avenue PUD Amendment – no comments. PRESENTATIONS 1. Participatory Budgeting – no comments. 2. Union Avenue – Mayor Kim advised due to the expected length of tomorrow’s meeting, this item is being pulled and will be moved to another date. Commissioner Moran asked if the design has been completed. Mayor Kim advised it is not. 3. SUNY Empire Center for Autism – Mayor Kim also pulled this item from the agenda. Mayor Kim advised he is trying to bring the Saratoga Springs cross-country team to the City Council meeting to congratulate them on their recent national championship win. City Council Pre-Agenda Meeting December 5, 2022 EXECUTIVE SESSION Commissioner Moran stated he met Friday with Christine Taylor and was wondering if the information is ready to go to executive session. Tony Izzo, city attorney, advised the information is not ready for executive session. CONSENT AGENDA 1. Approval of 11/21/2022 special Council Budget Meeting Minutes 2. Approval of 9/19/2022 Pre-Agenda Council Minutes (attachment pending) 3. Approve Payroll 11/18/2022 $754,147.50 4. Approve Payroll 11/25/2022 $446,002.06 5. Approve Payroll 12/2/22 $763,072.84 6. Approve Warrant 22DEC1 $2,886,161.59 7. Approve Warrant 22MWNOV2 $34,245.90 8. Approve Mid-Warrant 2022 22MWNOV3 $20,398.90 9. Approve Budget Amendments - Regular No comments from the City Council. The secretary to the City Council advised item #2 of the Consent Agenda will be pulled. MAYOR’S DEPARTMENT Announcement: Recognition of Steve Sullivan & Longfellows No comments. Announcement: CDBG Application Open Mayor Kim advised the application period is open. Announcement: Cannabis Task Force No comments. Discussion and Vote: City Historian Travel Reimbursement No comments. Discussion and Vote: Saratoga Springs Recreation Department Part-time/Seasonal Personnel & Referee Proposals No comments. Discussion and Vote: Authorization for Mayor to Sign Art Co-Sponsor Agreement No comments. ACCOUNTS DEPARTMENT Discussion and Vote: GAR Associates, LLC, 2022 RFP Addendum #8 Page 2 of 6 City Council Pre-Agenda Meeting December 5, 2022 Commissioner Moran advised this addendum covers one month of services. Upon award of a contract for the services, it is possible the addendum may have to be re-bid. Resolution for Deputy Commissions and Deputy Mayor Commissioner Moran advised he just distributed copies of a revised resolution. This is a different version than what is on line. He worked on this with Commissioner Golub. Discussion and Vote: Authorization for Mayor to Sign Contract with FitzGerald, Morris, Baker, Firth, PC Commissioner Moran advised this contract is for Article 7 services. Discussion and Vote: Authorization for Mayor to Sign Contract with Towne Law Firm, PC Commissioner Moran advised this too is for Article 7 services. Discussion and Vote: Amend Chapter 212-24 of the City Code for Senior Citizen Tax Exemptions No comments. Discussion and Vote: SEQRA for Liberty Affordable Housing Commissioner Moran advised this item was created to provide necessary documents relating to the public hearing item. A vote will not be taken on this topic until the next City Council meeting or with a special City Council meeting before December 20. Discussion and Vote: Council Approval of Zoning Map and Comprehensive Plan Map Amendments for Liberty Affordable Housing Commissioner Moran advised this is the same as the item above. Announcement: Business Milestones Commissioner Moran announced there are no milestones to announce at this time. This item will be removed from the agenda. Announcement: Special Events Commissioner Moran advised he will provide an update on a couple items relating to the New Year’s Eve Festival. Commissioner Moran announced he is adding the following items: Discussion and Vote: Waiver of Fee for Music Hall for December 31, 2022 and Announcement: Formation of a Committee with Bar Owners and Department of Public Safety. FINANCE DEPARTMENT Update: City Finances No comments. Update: Participatory Budgeting Commissioner Sanghvi advised that as of this morning there are 442 votes. Page 3 of 6 City Council Pre-Agenda Meeting December 5, 2022 Discussion and Vote: Approve 2023 Tax Rates No comments. Discussion and Vote: Bond Resolution – Fire Engine No comments. Discussion and Vote: Budget Amendments – Interfund Transfers No comments. Discussion and Vote: Budget Transfers – Contingency No comments. Discussion and Vote: Budget Amendments – Payroll and Benefits No comments. Discussion and Vote: Budget Transfers – Payroll and Benefits No comments. PUBLIC WORKS DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Contract with Pallette Stone Crop. For Transit Mix Concrete No comments. Discussion and Vote: Authorization for Mayor to Sign Agreement with New York State DOT for Landscape Maintenance on Union Avenue No comments. Set Public Hearing: Amend Capital Budget for Water Treatment Plant Property Acquisition No comments. Set Public Hearing: Street Acceptance – Julians Way; Oak Ridge Blvd.; Jenna Jo Ave., and Aurora Ave. No comments. PUBLIC SAFETY DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Agreement with Saratoga County for Use of the Third Fire Station to Stage a County Hazmat Response Vehicle Commissioner Montagnino advised the City has been offered $30,000 per year for 10 years to house the hazmat vehicle. Discussion and Vote: Amend the Capital Budget to Replace Engine E-562 Page 4 of 6 City Council Pre-Agenda Meeting December 5, 2022 No comments. Discussion and Vote: Authorization for Mayor to Sign Change Order #6 to CHA Consulting for SWPPP Inspections for the Third Fire Station No comments. Discussion and Vote: Authorization for Mayor to Sign a Contract with Mohawk Chevrolet for Purchase of a New Truck for the Traffic Department No comments. Discussion and Vote: Amendment to the City Code Chapter 136-37 Regarding Revocation and Suspension of Permits No comments. Commissioner Montagnino advised he is adding a Discussion and Vote: Approve Resolution Regarding Gag Order. Commissioner Moran asked for a status of the legal contract regarding the gag order. Mayor Kim advised they received two responses and one of the two later pulled their response. The request for quotes was sent to six or seven firms who specializes in first amendment law. Commissioner Golub asked if Public Safety’s item #5 should be tabled in light of Commissioner Moran setting up a committee between the bar owners and the City. Commissioner Montagnino stated this is independent of the committee being formed by Commissioner Moran and will remain on his agenda. Tony Izzo suggested making the amendment to the code more specific in section C to be more specific as to the timeframe such as from 2 a.m. and something. Mayor Kim suggested looking at the State Liquor Authority to be more specific and place the risk on the businesses who want to stay open after 2 a.m. and serve alcohol. The public at large is supportive of this. Commissioner Golub stated he agrees to passing something legal and defensible and has the bar owners as part of the conversation. Commissioner Moran stated he believes this will wind up in court. Mayor Kim stated ‘that is what judges are for.’ The shoot-out occurred November 20th and the City needs to act. He had discussions with different mayors around the county and this is always a challenge. This is a way to regulate a situation that has become unsafe. Commissioner Golub asked if the Council could be given enough time to provide feedback. Mayor Kim asked why not have a debate in public; the Council should state their beliefs in public. He and Commissioner Montagnino had a meeting with the bar owners and the owners rejected the idea of voluntarily closing at 2 a.m. The owners did agree to wand and pat down patrons who try to enter their Page 5 of 6 City Council Pre-Agenda Meeting December 5, 2022 establishment after 3 a.m. Mayor Kim stated he wants to make the situation better not worse and put the risk on the bar owners if they choose to do this. He found 40 out of 62 counties close at 2 a.m. Commissioner Golub stated the amendment as it stands is not well written. The Council is not going to get to where they need to be because the amendment was rushed. They need to do something and need the public’s input. Commissioner Moran stated he agreed with Commissioner Golub. Mayor Kim asked why there is always an argument for delay and wait. The City had a gunfight and has to act. This may not be the perfect solution but it does place ownership on the bar owners. Commissioner Moran stated the State Liquor Authority license puts the responsibility on the bar now regardless if the City Council passes a local law or not. The amendment is not well written. Mayor Kim stated if people feel the amendment is not well written then suggestions should be provided of how to correct it. They want to close the bars at 2 a.m. He doesn’t want residents stopping him when he is attending an event to ask him what is he doing about the bars. Tony Izzo stated the Council should focus on the new subparagraphs 4 & 5. There is additional criteria for suspension by the Commissioner of Accounts. The wording stating the permit holder has done something that is unsafe or shows a disregard for public safety can be ground for revocation has been in the taxi ordinance but has never been in Chapter 136. Commissioner Moran asked for an update on DA Heggen’s Office. Tony Izzo stated he has not received a response from District Attorney Heggen; however, they until noon tomorrow to respond. ADJOURN Commissioner Montagnino moved and Commissioner Sanghvi seconded to adjourn the meeting at 10:38 a.m. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, and Mayor Kim) Nays – 0 Respectfully submitted, Lisa Ribis Secretary to the City Council Approved: 4/4/2023 Vote: 5 - 0 Page 6 of 6