City Council

December 6, 2022 CITY OF SARATOGA SPRINGS City Council Meeting 474 Broadway 7:00 PM 6:45 PM P.H. – Amend Capital Budget – Purchase of Fire Vehicle P.H. – Amend Chapter 136 P.H. – Amend Chapter 212-24 Senior Citizen Exemption P.H. – Enhancing Union Avenue P.H. – Liberty Affordable Housing – Amend Zoning and Comprehensive Plan Maps P.H. – Weibel Avenue PUD Amendment 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION 1. Participatory Budgeting CONSENT AGENDA 1. Approval of 11/21/2022 Special Council Budget Meeting Minutes 2. Approve Budget Transfers – Regular 3. Approve Payroll 11/18/22 $754,147.50 4. Approve Payroll 11/25/22 $446,002.06 5. Approve Payroll 12/2/22 $763,072.84 6. Approve Warrant 22DEC1 $2,886,161.59 7. Approve Mid-Warrant 22MWNOV2 $34,245.90 8. Approve Mid-Warrant 2022 22MWNOV3 $20,398.90 9. Approve Budget Amendments - Regular MAYOR’S DEPARTMENT 1. Announcement: Recognition of Steve Sullivan & Longfellows 2. Announcement: CDBG Application Open 3. Announcement: Cannabis Task Force 4. Discussion and Vote: City Historian Travel Reimbursement 5. Discussion and Vote: Saratoga Springs Recreation Department Part-Time/Seasonal Personnel & Referee Proposals 6. Discussion and Vote: Authorization for Mayor to sign Art Co-Sponsor Agreement City Council Meeting December 6, 2022 ACCOUNTS DEPARTMENT 1. Discussion and Vote: GAR Associates, LLC, 2022 RFP Addendum #8 2. Announcement: Formation of Committee with Bar Owners and Department of Public Safety 3. Resolution for Deputy Commissioners and Deputy Mayor 4. Discussion and Vote: Authorization for Mayor to Sign Contract with FitzGerald, Morris, Baker, Firth, P.C. 5. Discussion and Vote: Authorization for Mayor to Sign Contract with Towne Law Firm, P.C. 6. Discussion and Vote: Amend Chapter 212-24 of the City Code for Senior Citizen Tax Exemptions 7. Attachments for Public Hearing Item SEQRA for Liberty Affordable Housing 8. Attachments for Public Hearing Item of Zoning Map and Comprehensive Plan Map Amendments for Liberty Affordable Housing 9. Discussion and Vote: Waive Fee for Music Hall on December 31, 2022 for New Year’s Eve Festival 10. Announcement: Special Events FINANCE DEPARTMENT 1. Update: City Finances 2. Update: Participatory Budgeting 3. Discussion and Vote: Approve 2023 Tax Rates 4. Discussion and Vote: Bond Resolution – Fire Engine 5. Discussion and Vote: Budget Amendments – Interfund Transfers 6. Discussion and Vote: Budget Transfers – Contingency 7. Discussion and Vote: Budget Amendments – Payroll and Benefits 8. Discussion and Vote: Budget Transfers – Payroll and Benefits PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Contract with Pallette Stone Corp. for Transit Mix Concrete 2. Discussion and Vote: Authorization for Mayor to Sign Agreement with New York State DOT for Landscape Maintenance on Union Avenue 3. Set Public Hearing: Amend Capital Budget for Water Treatment Plant Property Acquisition 4. Set Public Hearing: Street Acceptance – Julians Way, Oak Ridge Blvd., Jenna Jo Avenue, and Aurora Avenue PUBLIC SAFETY DEPARTMENT 1. 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 2. Discussion and Vote: Amend the Capital Budget to Replace Engine E-562 3. Discussion and Vote: Authorization for Mayor to Sign Change Order #6 to CHA Consulting for SWPPP Inspections for the Third Fire Station 4. Discussion and Vote: Authorization for Mayor to Sign a Contract with Mohawk Chevrolet for Purchase of a New Truck for the Traffic Department 5. Discussion and Vote: Amendment to the City Code Chapter 136-37 Regarding Revocation and Suspension of Permits 6. Discussion and Vote: Accept TRO Resolution SUPERVISORS Matthew Veitch 1. City Request to the county for 2 a.m. Bar Closing Time 2. Saratoga County 2023 Budget Update 3. Saratoga County Airport Update Page 2 of 20 City Council Meeting December 6, 2022 Tara Gaston 1. Public Health Update 2. Saratoga County Budget 3. On-Premises Consumption Request by City ADJOURN Page 3 of 20 City Council Meeting December 6, 2022 December 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 Matthew Veitch, Supervisor Tara Gaston, Supervisor STAFF PRESENT: Angela Rella, Deputy Mayor Heather Crocker, Deputy Commissioner of Finance Stacy Connors, Deputy Commissioner of Accounts EXCUSED: Joe O’Neill, Deputy Commissioner of Public Works Jason Tetu, Deputy Commissioner of Public Safety 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 Amend Capital Budget – Purchase of Fire Vehicle Mayor Kim opened the public comment period at 6:47 p.m. John Kaufmann of Saratoga Springs stated there is no time limit for people to speak during a public hearing; that is a violation of the open meetings law. A reasonable amount of time should be given to a person to make their comment during a public hearing. Mayor Kim asked Mr. Kaufman to sit down. Mayor Kim closed the public hearing at 6:49 p.m. Amend Chapter 136 Mayor Kim opened the public comment period at 6:49 p.m. Page 4 of 20 City Council Meeting December 6, 2022 Sam, a co-owner of Bailey’s stated they want the City to remain safe to work and gather. They can go months without an incident. In 2021, the bar owners held a meeting with the Saratoga Springs Police Department and many bars stagger their closing times so the police can better manage the crowds. Local owners have been meeting for the past three weeks to create a plan (attached). Gordon Boyd of Saratoga Springs stated he owned a business on Caroline Street from 1972 – 1974. Most of the problems dealt with drunkenness. As a member of the City Center Authority, they found people liked to come here for conventions because they felt safe. It is essential that the City Council respond to the incident of November 20, 2022. The amendment proposed to Chapter 136 should be done. Robin Dalton of Saratoga Springs stated the new version of Chapter 136 was not loaded for review until an hour ago. The public needs to be given time to read the resolution to comment. Rushing this change and not collaborating with code enforcement and bar owners is the wrong decision. There is time to do this right. Jenna Mitchell of Saratoga Springs and general manager of the City Tavern stated downtown has been a saving grace for her. She has made money to support herself and has the best interest of the patrons at heart. Sara Elacqua, general manager of Spa City Tap & Barrel stated she is here because the situation has caused her business to be penalized for a situation that could not be foreseen. Opposite of what was portrayed to them last Thursday employees of their businesses are a major part of the community and care about the safety of all. Over the past week, they have been publicly and privately threatened by some members of this Council with threats of potential complaints to the State Liquor Authority, revoking their Chapter 136 permits, and gone as far as making small business owners responsible for actions of patrons. The have re-established the Caroline Street Association have hundreds of signatures of businesses, employees, and patrons that support their business (attached). Bahram Keramati of Saratoga Springs stated it is bad for business. If a bar’s business depends upon running from 2 a.m. to 4 a.m., they are in trouble. All parties involved should be consulted. Jeff Gritsavage of Saratoga Springs stated 2 a.m. closing is one approach and there are others. He suggested interpreting DJ parties as adult use and can be regulated. Eileen Finneran, former deputy commissioner and deputy mayor, and resident of Saratoga Springs stated she applauds the attempt for a 2 a.m. closing time. She hopes the City supervisors support this. Pat Tuz of Saratoga Springs stated she is a member of the Executive Committee of the Democratic Party. The City now needs to worry about firearms being brought into a bar. She and the Executive Committee of the Saratoga Springs Democratic Committee supports the 2 a.m. closing time and amendment to Chapter 136. The safety and security of the residents is important. The City Council should do everything in their power to change the closing time to 2 a.m. Pastor Peter Barrios of Saratoga Springs stated he is in favor of the Police Department. The City Council is here because the people elected them. If the Council is going to turn their backs on the people the Council should get out of their seats and let someone in who is going to do the job. Pastor Barrios told the City Council to do the right thing and think about the people they are supposed to represent. John Beehan of Saratoga Springs stated the question of economics and public safety is long overdue. The economics are one sided against the taxpayers of the City. More needs to be done for the public safety downtown. Kelsey McKartland of Lucy’s Bar stated she is part of the Caroline Street Safety Committee. A financial burden that will be placed on the owners and staff if the time is changed. The bar will have a net loss of Page 5 of 20 City Council Meeting December 6, 2022 $24,000 if last call is at 2 a.m. and $40,000 loss if last call is at 1 a.m. The problem with closing at 2 a.m. is what happens when violence happens earlier and they want to close the bars at 1 a.m. Nora Brennan of Saratoga Springs stated she opposes the resolution. Private businesses are becoming responsible for public safety. This is changing the accountability and putting the responsibility in the wrong place. Martinez of Saratoga Springs stated there are ways to support closing bars at 2 a.m. Can bar owners be held responsible for the actions of independent people? The bars didn’t cause the violence. David Mathesen of Saratoga Springs stated bars are dealing with intoxicants. Patrons can go in the bar ‘buzzed’ but come out drunk. The bar owners have to say they accept some responsibility and are helping to create some of the public safety issue. Diane of 30 Whistler Court stated she is concerned about what happened and could happen. She is concerned about the police officers, the City’s reputation, and all residents. She is in favor of a resolution. Heidi West of Saratoga Springs stated she has worked with businesses to address the situation downtown. She urged the City Council to be strategic, thoughtful, and hear what the business owners are saying. Ms. West asked the Council to vote no as no one is sure this will solve the problem. John Kaufman of Saratoga Springs stated item A of the resolution is not enforceable. The rational is to get strong publicity/media and threaten the bars to have to spend money to defend themselves. The point is cynical intimidation, which is unbecoming to this Council and City. Alex Stone of Saratoga Springs stated food options past 10 p.m. are limited to three options. There is no allowance for food trucks or food services to be offered late night. He asked if the Council may be looking into food options that may mitigate the long-term effects of drinking for long periods of time. Jane Wiehe of Saratoga Springs stated the issue isn’t what time bars should close but it is a procedural issue. How can a bar owner be held responsible after a person leaves their establishment? The appropriate and legal process is for the County to change the time. Zack, Saratoga Springs resident and co-owner of Lucy’s Bar stated he is an honorably discharged Marine Corp veteran. He stated the closing time doesn’t matter; individuals are going to drink. Dennis of Hamlet & Ghost stated they are all arguing as if they don’t all want the same thing. The all want to be safe, have businesses thrive and families to come here. They don’t want the brute force that the City Council is not going to work with them or talk with them. Mayor Kim closed the public hearing at 7:32 p.m. Amend Chapter 212-24 Senior Citizen Exemption Mayor Kim opened the public comment period at 7:32 p.m. Commissioner Moran stated this amendment would increase in the income level for the senior citizen exemption on property taxes. The current income amount for the City is $32,400 or less to be eligible for the discount. The proposal raises the amount to $37,400, which matches the amount the school district uses. The County of Saratoga is reviewing their amount and plan to increase as well. No one spoke. Mayor Kim closed the public hearing at 7:33 p.m. Page 6 of 20 City Council Meeting December 6, 2022 Enhancing Union Avenue Mayor Kim opened the public comment period at 7:33 p.m. Rose Tate of Saratoga Springs stated Lincoln Avenue should be a two-way street. It is time to re-visit making it a two-was street again. She asked how can Union Avenue be studied without studying Lincoln Avenue. Dave Bock of Saratoga Springs stated he is excited and anxious about the enhancements to Union Avenue. No changes should be made without dialogue with residents of Union Avenue. The traffic needs to be calmed. Leo Geffrion of Saratoga Springs stated as a bicyclist, he endorses the improvement to Union Avenue. The section between East Avenue and Henning Road is the most dangerous and most difficult portion of roadway in the City. Samantha Bosshart, executive director of the Saratoga Springs Preservation Foundation stated the foundation is not for or against the bike lanes. She is enthusiastic about the enhancements to Union Avenue. They are concerned about what the esthetics are and how it impacts one of the most prominent and historic gateways. They hope it is comprehensive beyond bike lanes. Pat Tuz of Saratoga Springs encouraged the City Council to use Complete Streets for Union Avenue. The bike lane will act as a traffic calming mechanism. She suggested the chain link fence running down Nelson Avenue be removed. Sherry Grey of Saratoga Springs stated she supports the enhancement to Union Avenue. It will make the section from the park to East Avenue safer. John Beehan of Saratoga Springs asked if there are plans for Union Avenue available for review. He hasn’t found anything on the City’s website. Mayor Kim stated there will be a presentation on January 17, 2023 of the options. Mayor Kim concluded the public hearing at 7:44 p.m. and kept it open. Liberty Affordable Housing – Amend Zoning and Comprehensive Plan Maps Mayor Kim opened the public comment period at 7:44 p.m. Fran Ludwig of Saratoga Springs stated the residents around this project have been vocal about their concerns. She submitted signatures (attached) showing opposition to the project; it is not affordable housing. A building with 136+ units cannot be done. Todd Shimkus of the Saratoga County Chamber of Commerce stated small businesses survived because they came together. Workforce housing will attract talent and have an affordable housing crisis here. Anything that can be done to move this project forward would be greatly appreciated. John Kaufman of Saratoga Springs stated there is a reason why there is not a two-minute limit. The Planning Board gave a positive opinion of this project with many reservations. He would like to see the Planning Board’s reservations answered. He is all for housing but feels there are some potential problems here. Yvonka Harrison of Saratoga Springs stated when the casino hotel went up they saw an impact on their water pressure. Ms. Harrison asked what will happen if additional units are built. Page 7 of 20 City Council Meeting December 6, 2022 Bill McTygue of Saratoga Springs and member of the Planning Board stated it was a unanimous decision of the Board with suggested changes. The project has not gone through the site plan review. Mayor Kim concluded the public hearing at 7:56 p.m. and left it open. Weibel Avenue PUD Amendment Mayor Kim opened the public comment period at 7:56 p.m. No one spoke. Mayor Kim concluded the public hearing at 7:57 p.m. and left it open. CALL TO ORDER Mayor Kim called the meeting to order at 7:57 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 7:58 p.m. Rose Tate of Saratoga Springs stated an air quality study should be done on Lincoln Avenue. People leave their vehicles running. Eileen Finneran of Saratoga Springs read a statement (attached) from former Commissioner Chris Mathiesen. His statement urged all parties to work together to find solutions for the worsening late-night Caroline Street problems. Also, the proposed increase in salary for the deputies is excessive. Eileen Finneran stated (attached) she is in favor of 2 a.m. bar closings and if necessary, the Council should work on a home rule to amend the law. Ms. Finneran urged the Council to work with the district attorney, the Saratoga Springs Police Department, and all involved agencies. She also stated the proposed increase to the deputies’ salaries is excessive and unfair to the other non-union and union employees. Robin Dalton of Saratoga Springs stated (attached) the mayor and Commissioner of Public Safety made a decision on November 20, 2023 to share the video of an officer involved shooting despite multiple requests from our Police Department, the New York State Police, and the district attorney. She reminded Commissioner Montagnino the Saratoga Springs Police Department has a media policy 324.2 and 324.3., and if he is not willing to follow his own department’s policies, then he is not fit to hold this position. Lisa Watkins, president of the CSEA City Hall Unit, stated all the employees suffered during the pandemic and are still feeling the effects today. The employees helped the City when approached and risked health and welfare to help the City during the pandemic and save jobs. The employees gave up over $1 million dollars in contractual items. The resolution for the executive employees at hand will depress the employees further than the already low morale. It is disheartening in light of a $15 million surplus that the employees’ sacrifices are not recognized. Pastor Peter Barrios of Saratoga Springs stated the previous administration had the idea of placing a homeless shelter across from a Catholic school is a good idea. He asked this Council if they would like Page 8 of 20 City Council Meeting December 6, 2022 one next to their families. This comes without restrictions. Pastor Barrios asked the Council to think about the location before they move it. Jane Wiehe of Saratoga Springs stated she is disappointed to look at the Democrats sitting at this table who are about to single out certain employees for raises and ignore the equity of giving to just certain employees. She is disappointed that the Saratoga Springs Democratic Executive Committee supports a resolution that is going to end up in court and is silent about the need for equity to address the needs of all the City Hall employees, not just five. John Ellis of Saratoga Springs stated he is here to support the City workers, DPW and City Hall. They are the people that make the City run; nothing would get done without them. He asked the Council to reconsider the resolution and suggested showing they appreciate the people. Mayor Kim closed the public comment period at 8:11 p.m. Supervisor Gaston stated Shelters of Saratoga has not planned all their programming for the homeless shelter yet. There will be particular guidelines to protect the surrounding area. **The Council took a break at 8:13 p.m. **The Council returned at 8:20 p.m. PRESENTATION Participatory Budgeting (attached) Mary Estelle Ryckman, chair of the Participatory Budgeting Committee, stated this process was launched in the spring of 2022. They developed the voting process being used for the City Council to decide which projects will be funded. The Committee received 20 ideas but not all were placed on the ballot. The projects that were placed on the ballot are as follows: outdoor ice rink at Congress Park; curling PILOT; water fountain at the dog park; native flower planting; community free bike repair; Broadway live musical theater; youth art programs; community garden; and an urban forestry project. Mary advised to vote for a project, go to the City’s website or use the QR code, or stop by the Finance Office in City Hall for a paper ballot. After the vote is tallied, Commissioner Sanghvi will recommend the project(s) to the Council for final decision. Commissioner Sanghvi asked if they know how many votes have been cast to date. Norah Brennan advised there have been 348 votes. CONSENT AGENDA Mayor Kim moved and Commissioner Sanghvi seconded to approve the Consent Agenda. 1. Approval of 11/21/2022 Special Council Budget Meeting Minutes 2. Approve Budget Transfers – Regular 3. Approve Payroll 11/18/22 $754,147.50 4. Approve Payroll 11/25/22 $446,002.06 5. Approve Payroll 12/2/22 $763,072.84 6. Approve Warrant 22DEC1 $2,886,161.59 7. Approve Mid-Warrant 22MWNOV2 $34,245.90 8. Approve Mid-Warrant 2022 22MWNOV3 $20,398.90 Page 9 of 20 City Council Meeting December 6, 2022 9. Approve Budget Amendments - Regular Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 SUPERVISORS Matthew Veitch City Request to the county for 2 a.m. Bar Closing Time Supervisor Veitch reported that in his 15 years as supervisor, the discussion of the 2 a.m. closing time has occurred four times. The first time this was reviewed at the Legislative Review Board it did not get a second and died right there. Last fall the Legislative Committee moved an item on their agenda urging the state to allow for more local control of this issue. Rather than having this done on a countywide basis, change the state laws to allow the State Liquor Authority to accept changes for bar closings times from any town, city, or village that requested it. The County supervisors see the earlier closing time as a city issue. Supervisor Veitch stated it is his opinion closing bars at 2 a.m. is not the solution. Commissioner Moran asked how the County can say it’s the City’s problem to solve with the County has the authority. Supervisor Veitch stated the County wants to give the City the autonomy to solve the issue on their own. Mayor Kim stated counties have acted. A letter has been sent to the chair of the Board and will see if that bears fruit. Supervisor Veitch stated again that the County will support the City to find a way to do that. Mayor Kim stated changing it at the County level is easier than going to Albany. It is unlikely that Albany will listen. The City of Saratoga Springs in the largest city in this County and the County has ‘punted’ on this issue four times. It is frustrating that the City cannot get the County to act. Commissioner Sanghvi asked if residents should be writing letters to the County. She has a lot of e-mails she is going to forward to the County. Saratoga County 2023 Budget Update Supervisor Veitch reported there was a public hearing on November 30, 2022 but no one spoke. The vote will be on December 14, 2022 at 4:30 p.m. Saratoga County Airport Update Supervisor Veitch reported the building of the new terminal at the airport is underway. The Building and Grounds Committee is issuing the negative declaration. Tara Gaston Public Health Update Supervisor Gaston reported COVID, the flu, and RSV rates are skyrocketing; however, death rates are falling. She strongly suggested people get vaccinated. Page 10 of 20 City Council Meeting December 6, 2022 Saratoga County Budget Supervisor Gaston reported the County will vote on their budget at the December 14, 2022 meeting. She is disappointed no one showed up to comment on the budget. On-Premises Consumption Request by City Supervisor Gaston reported there is no appetite at the County to change the bar closing times for the County as a whole. The County unanimously put a resolution forward for local home rule control. The Board has offered their full support of actions the City takes. There are many other ways the City and County can work with situations. MAYOR’S DEPARTMENT Announcement: Recognition of Steve Sullivan & Longfellows Mayor Kim pulled this item from his agenda. Announcement: CDBG Application Open Mayor Kim announced application for CDBG will be accepted through January 31, 2023. The amount of grants to be awarded in 2023 will total $300,000. All materials are on the City’s website. Announcement: Cannabis Task Force Mayor Kim announced the following as members of the Cannabis Task Force: Todd Shimkus (appointed by Mayor Kim); Scott Trifilo (appointed by Commissioner Golub); William Borcher (appointed by Commissioner Montagnino); Sara Whittle (appointed by Commissioner Sanghvi); Dillon Moran (appointed himself); Carl Strock (appointed by Supervisor Veitch); Tara Gaston (appointed herself) who has agreed to serve as chair; Angela Rella; Susan Barden, and Pat Cogan. Discussion and Vote: City Historian Travel Reimbursement (22-533) Mayor Kim moved and Commissioner Sanghvi seconded to approve travel reimbursement in the amount of $327 for the city historian to attend the Association of Historians of New York State Annual Conference in Kingston, New York. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Saratoga Springs Recreation Department Part-Time/Seasonal Personnel & Referee Proposals (22-534) Mayor Kim moved and Commissioner Sanghvi seconded to approve the 2023 Saratoga Springs Recreation Department part-time/seasonal personnel rates and referee rates for the 2023 – 2024 basketball season as included and reference on the attached proposal to be effective on or after February 4, 2023. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Authorization for Mayor to sign Art Co-Sponsor Agreement (22-535) Page 11 of 20 City Council Meeting December 6, 2022 Mayor Kim moved and Commissioner Sanghvi seconded to authorize the mayor to sign the art co- sponsor agreement for the City’s art classes with C.R.E.A.T.E. Community Studios. Mayor Kim advised the proceeds will be split 60/40. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Mayor Kim moved and Commissioner Montagnino seconded to add an item to the mayor’s agenda regarding the announcement of a letter received from the District Attorney’s Office. (22-608) Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Announcement: Letter Received from District Attorney’s Office Mayor Kim announced a letter was hand delivered this afternoon to City Attorney Izzo from the District Attorney’s Office. Mayor Kim read the letter into the record. (copy attached) Commissioner Montagnino stated it is important for the City to meet with assistance of counsel. Mayor Kim stated if the City accepts the offered meeting; it would have to be with only two members of the Council due to Open Meetings Law. Commissioner Sanghvi stated the meeting should be held and the Council should discuss who should go with Tony Izzo to that meeting. Commissioner Golub stated he agrees. Tony Izzo suggested asking a member of the Police Department. Commissioner Moran stated Deputy Tetu could serve that role. Mayor Kim stated per the Charter, the mayor is to have all inter-governmental contact. Commissioner Sanghvi suggested Commissioner Golub, Mayor Kim, Deputy Tetu, Chief Crooks, and Tony Izzo attend. Commissioner Montagnino stated the City is put at a disadvantage by anyone other than himself and the mayor attending the meeting. The district attorney stated one of her focuses is the releasing the video on the day of the incident and somehow it has harmed the investigation. Commissioner Montagnino provided two examples where video had been released on cases (one in Minnesota and one in Georgia) within one to two days after the incident. Both of those cases had lengthy investigations. The person attending should be someone who can speak with the district attorney in a direct manner. He couldn’t find a case where a gag order was imposed on every City employee. Commissioner Golub stated going into the meeting with the district attorney to prove them wrong and the City right will not go well. The cases Commissioner Montagnino suggests isn’t the correct approach. Mayor Kim stated there is misconception of what happened prior to the press conference. The district attorney came to the office to say they can’t hold a press conference. He stated they had an obligation to inform the public of what happened and to assure the public there is no threat. Mayor Kim wants to make sure the truth is discussed. He doesn’t recall any of the police telling him they agreed with the position Page 12 of 20 City Council Meeting December 6, 2022 they shouldn’t discuss it. The objective is to go to the meeting and for all of them to have the same set of facts. Tony Izzo stated there seems to be an interest to discuss future procedures moving forward. Commissioner Moran stated he doesn’t feel they will get to where they want to be without a different approach or different people. He asked if this is something they would want to hire counsel and send them. Commissioner Sanghvi stated adding counsel will not lower the tension. Mayor Kim stated he believes the meeting would be meaningless if public safety doesn’t attend. He suggested the Commissioner of Public Safety, the deputy mayor, city attorney attend, and the chief of police if public safety feels he should, attend the meeting. Commissioner Golub asked Commissioner Montagnino if he feels he is in a place where he could have a conversation with the district attorney. Commissioner Montagnino stated he is. Mayor Kim asked Tony Izzo to send a letter to accept the offer. ACCOUNTS DEPARTMENT Discussion and Vote: GAR Associates, LLC, 2022 RFP Addendum #8 Commissioner Moran advised this addendum allows GAR Associates to provide assessment support to the City due to the position of the assistant city assessor being vacant. Commissioner Moran moved to authorize the mayor to sign addendum #8 with GAR Associates for an amount not to exceed $5,000. Commissioner Sanghvi advised the budget transfer was not done in the appropriate time period; therefore, Finance did not approve this item. Commissioner Moran tabled this item. Announcement: Formation of Committee with Bar Owners and Department of Public Safety Resolution for Deputy Commissioners and Deputy Mayor Commissioner Moran advised he is forming a Downtown Safety Committee and would like to include the Commissioner of Public Safety, Chamber of Commerce, the chief of police, and the bar owners. He believes this is a societal problem. Overtime costs will only increase if a system is not developed to change it. Solutions need to be brought forward. The problem needs to be defined and measurable. This will be a standing committee that continues to meet. Compliance will be written in to the license when new businesses open. One of the first things he would put on the Committee’s agenda is a third party audit of the entertainment district. Mayor Kim stated this is a great idea; however, it is not appropriate for Commissioner Moran to be a part of this. His disclosure form stated he owns a bar. If Commissioner Moran’s deputy wants to be a part of the Committee that is fine. Commissioner Golub stated he would be happy to be a part of the committee if Commissioner Moran has to step down. Page 13 of 20 City Council Meeting December 6, 2022 Commissioner Sanghvi stated the best way to find a solution is through a committee and she is happy to support it. Commissioner Montagnino asked for further explanation from Commissioner Moran regarding his ownership in an establishment that would be affected by the outcome. Commissioner Moran stated his establishment would not be affected as it closes at 10 p.m. during the week and 11 p.m. on weekends. Commissioner Montagnino stated if other establishments have to close earlier, people have to start drinking earlier; Commissioner Moran’s establishment could get more patrons. Resolution for Deputy Commissioners and Deputy Mayor Commissioner Moran stated it has been a considerable amount of time since the deputy salaries have been addressed. The positions are important to the function of the City. A raise in base salary and 2% increase each year thereafter. This increase is important not only for the current deputies but to be inviting to future employees. He has never not been supportive of the employees of this City; he regularly stand up for their rights and needs of the people who work in city government. The total value is less than $100,000 and the benefits are the same as they have now. Commissioner Moran moved and Commissioner Montagnino seconded to approve the resolution for the deputy commissioners and the deputy mayor as included with the agenda. Commissioner Sanghvi stated the original attachment for this agenda item is different from this one. Commissioner Moran stated the attachments were loaded before noon. Commissioner Sanghvi stated she wants to address the financial implication. The salary increase would make all deputy salaries $98,000, an $84,294 increase. Social security for 2023 would have to be added at a total of $6,448.49 for a total of $90,742.49. This document does not include accrual language and it includes $25,000 for deputy training. The cuts made with the 2023 budget is being put back here. Mayor Kim stated he opposes this as the commissioners and deputies were just elected less than one year ago; this is a 21% increase in less than one year. What makes this building work is the union employees, who received a 2% increase. He had the City’s labor counsel look at a similar idea six months ago and was told to do the increase via an ordinance with a public hearing. No process has been followed. Mayor Kim provided stats from other local cities such as Schenectady (population of 66,00) whose mayor makes $100,000 per year; Schenectady director of operations makes $70,000 per year; Albany’s mayor makes $143,000; Albany’s chief of staff makes $89,000 per year; Glens Falls’ mayor makes $65,000 per year; and Syracuse’s (population of 146,000) chief of staff makes $89,000 per year. Mayor Kim stated he will not vote for this and hopes the public is discouraged by what they just heard. Commissioner Sanghvi stated DPW is different and wonders if there is a solution to address that. Commissioner Golub stated his deputy is in a unique position where he works 24/7. The deputy has people who report to him that make more money than him. Commissioner Golub stated he doesn’t want to lose his deputy and the deputy does not have the support/protection of the union. Commissioner Sanghvi stated the union came to them to say inflation is hurting them. She can understand giving a $5,000 raise. Mayor Kim advised he brought the unions in to discuss a possible bonus relating to inflation. One thing they talked about and hears is inflation is hurting them. Page 14 of 20 City Council Meeting December 6, 2022 Commissioner Golub stated he understands $1,000 was offered to the unions and was not well received. Commissioner Moran stated he is aware of what has been paid to the deputies over the past 20 years. He is committed to treating employees fairly. Commissioner Sanghvi stated she is happy to have conversations and come up with a plan, have a public hearing, and bring it to a vote. Mayor Kim stated he was appalled at the original salary of $150,000 proposed for the deputy salary and is still appalled. If the deputy accepted the job less than a year ago, they shouldn’t expect a 21% increase. Commissioner Sanghvi stated she is happy to work with the deputies and come to a compromise. There are also issues with the non-union resolution. Commissioner Golub suggested waiting two weeks so they can talk with the deputies and union to take care of all the people. Commissioner Moran agreed to table this item until the December 20, 2022 meeting. Discussion and Vote: Authorization for Mayor to Sign Contract with FitzGerald, Morris, Baker, Firth, P.C. (22-536) Commissioner Moran stated this is an annual contract with FitzGerald, Morris, Baker, Firth, PC for Article 7 cases. Commissioner Moran moved and Commissioner Sanghvi seconded to authorize the mayor to sign the contract with FitzGerald, Morris, Baker, Firth, PC with an expiration date of December 31, 2023 as included with the agenda. 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 Towne Law Firm, P.C. (22-537) Commissioner Moran advised this is an annual contract with Towne Law Firm, PC for Article 7 cases. Commissioner Moran moved and Commissioner Sanghvi seconded to authorize the mayor to sign the contract with the Towne Law Firm, PC with an expiration date of December 31, 2023 as included with the agenda. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Amend Chapter 212-24 of the City Code for Senior Citizen Tax Exemptions (22- 538) Commissioner Moran moved and Commissioner Sanghvi seconded to amend chapter 212-24 of the City Code to increase the senior citizen tax exemption income limit to $37,400. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Page 15 of 20 City Council Meeting December 6, 2022 Attachments for Public Hearing Item SEQRA for Liberty Affordable Housing Commissioner Moran advised this item is on the agenda so the public can review the attached documents. Attachments for Public Hearing Item of Zoning Map and Comprehensive Plan Map Amendments for Liberty Affordable Housing Commissioner Moran advised this item is on the agenda so the public can review the attached documents. Discussion and Vote: Waive Fee for Music Hall on December 31, 2022 for New Year’s Eve Festival (22-539) Commissioner Moran moved and Commissioner Montagnino seconded to modify the discussion and vote to waive fees for music hall and carousel on December 31, 2022. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Commissioner Moran advised this is to request the waiving of fees for the Music Hall and the carousel for the New Year’s Eve Festival. The fee of up to Commissioner Moran moved and Commissioner Montagnino seconded to waive the fee for the rental of the Music Hall and carousel for the New Year’s Eve Fest specifically on December 31, 2022. The Musical Hall will be the site of the Dance Flurry; space rental fees of up to $1,500 shall be waived at $125 per hour for 12 hours. The carousel will be open from 11 a.m. until 4 p.m. and the rides will be permitted free of charge during that timeframe at an estimated $225 for five hours for a total of $1,125. Tony Izzo advised this is for a public benefit. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Announcement: Special Events Commissioner Moran announced the relaunch of the Victorian Street Walk was a great event. There will be ice skating in Congress Park if weather cooperates and fireworks. FINANCE DEPARTMENT Update: City Finances Commissioner Sanghvi advised mortgage tax for November is $120,155.50; down 26% from November 2021. The sales tax collection year to date is $3.8 million; the budget estimate is $17.3 million. Update: Participatory Budgeting Commissioner Sanghvi stated voting is open and encouraged the public to vote. Discussion and Vote: Approve 2023 Tax Rates (22-540) Page 16 of 20 City Council Meeting December 6, 2022 Commissioner Sanghvi advised the local government determines the tax rate and updates the levies. The rates (attached to agenda) were sent to the County so annual tax bills can be generated and printed. Commissioner Sanghvi moved and Commissioner Moran seconded to approve the 2023 tax rates as follows: Inside District General $5.2506; Outside District General $5.1883; Debt Service $1.3664; and Downtown Special Assessment District $0.7688. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Bond Resolution – Fire Engine (22-541) Commissioner Sanghvi advised the bond resolution authorizes the issuance of $220,000 in bonds. Commissioner Sanghvi moved and Commissioner Moran seconded to approve the bond resolution – fire engine. Roll Call: Commissioner Moran – Aye Commissioner Sanghvi – Aye Commissioner Golub – Aye Commissioner Montagnino - Aye Mayor Kim - Aye Discussion and Vote: Budget Amendments – Interfund Transfers (22-542) Commissioner Sanghvi advised line 1 is for property tax - move subdivision recreation fees from the debt service fund; line 2 is contingency/transfers move subdivision fees from debt service fund; line 3 is property tax use unassigned fund balance move excess fund balance to debt service fund; and line 4 is to transfer out move excess fund balance to debt service fund. Commissioner Sanghvi moved and Commissioner Montagnino seconded to approve the budget amendments – interfund transfers. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Budget Transfers – Contingency (22-543) Commissioner Sanghvi stated lines 1-2 are for legal expenses for prior City Council; and lines 3 – 7 are for VxRail server. Commissioner Sanghvi moved and Commissioner Montagnino seconded to approve the budget transfers – contingency. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Budget Amendments – Payroll and Benefits (22-544) Commissioner Sanghvi advised lines 1 – 12 cover dental premium increases; 13 – 15 is for reimbursement of police training; lines 16 – 17 is for compost overtime; lines 18 – 19 is for casino Page 17 of 20 City Council Meeting December 6, 2022 overtime; lines 20 – 21 is for repairs/maintenance from court aid; lines 22 – 23 is workers’ comp reimbursement; lines 24 – 25 is reimbursement for special events labor. Commissioner Sanghvi moved and Commissioner Montagnino seconded to approve budget amendments – payroll and benefits. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Budget Transfers – Payroll and Benefits (22-545) Commissioner Sanghvi stated lines 1 – 2 is for recreation department social security; lines 3 - 12 covers Department of Public Works overtime expenses; lines 17 – 22 covers computer support technician and budget director through year end; lines 24 – 25 covers expenses for HVAC repair; lines 26 – 28 covers comp time for the Fire Department; lines 29 – 30 covers comp time for the Police Department; lines 31 – 32 cover vehicle maintenance; lines 33 – 35 covers software licenses; lines 36 – 39 covers replacement and repair of police equipment; lines 40 – 42 covers police office equipment; and lines 43 – 46 transfer of insurance money to risk and safety. Commissioner Sanghvi moved and Commissioner Montagnino seconded to approve budget transfers – payroll and benefits. 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 Pallette Stone Corp. for Transit Mix Concrete (22-546) Commissioner Golub stated this is a piggyback contract off the County. Commissioner Golub moved and Commissioner Moran seconded to authorize the mayor to sign a contract with Pallette Stone Corp. for transit mix concrete valid until May 20, 2023 in the amount not to exceed unit bid prices. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Authorization for Mayor to Sign Agreement with New York State DOT for Landscape Maintenance on Union Avenue (22-547) Commissioner Golub advised the Department of Public Works will take over maintenance on Union Avenue from East Avenue to Henning Road. Commissioner Golub moved and Commissioner Moran seconded to authorize the mayor to sign an agreement with New York State DOT for accepting responsibility to maintain median landscaping features owned by the State of New York on Route 9P. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Page 18 of 20 City Council Meeting December 6, 2022 Abstention – 1 (Commissioner Sanghvi) Set Public Hearing: Amend Capital Budget for Water Treatment Plant Property Acquisition Commissioner Golub set a public hearing for December 20, 2022. Set Public Hearing: Street Acceptance – Julians Way, Oak Ridge Blvd., Jenna Jo Avenue, and Aurora Avenue Commissioner Golub set a public hearing for December 20, 2022. 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 (22-548) Commissioner Montagnino advised this is a 10-year contract where the City will receive $30,000 per year. Commissioner Montagnino moved and Commissioner Sanghvi seconded to authorize the mayor to sign an agreement with Saratoga County for the use of the third fire station to stage a County hazmat response vehicle. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Amend the Capital Budget to Replace Engine E-562 (22-549) Commissioner Montagnino moved and Commissioner Golub seconded to amend the capital budget to replace engine E-562. 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 #6 to CHA Consulting for SWPPP Inspections for the Third Fire Station (22-550) Commissioner Montagnino advised the existing contracts do not account for state mandated inspections. Commissioner Montagnino moved and Commissioner Moran seconded to authorize the mayor to sign change order #6 with CHA Consulting for SWPPP inspections for the third fire station. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Authorization for Mayor to Sign a Contract with Mohawk Chevrolet for Purchase of a New Truck for the Traffic Department (22-551) Commissioner Montagnino stated this truck will replace an aging vehicle. Commissioner Montagnino moved and Commissioner Sanghvi seconded to authorize the mayor to sign a contract with Mohawk Chevrolet for the purchase of a truck for the Traffic Department. Page 19 of 20 City Council Meeting December 6, 2022 Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Amendment to the City Code Chapter 136-37 Regarding Revocation and Suspension of Permits (22-552) Commissioner Montagnino read a letter from Chief Crooks (attached). The burden is placed on the establishments who choose to serve after hours. Commissioner Montagnino moved and Mayor Kim seconded to amend chapter 136-37 of the City Code. Mayor Kim advised he has received approximately 40 e-mails (attached) of which only two state the bar closing times should remain at 4 a.m. Commissioner Golub stated the amendment is poorly written and open to many interpretations. This is premature and will do more harm than good. Commissioner Sanghvi stated all should want to do something. This is a stop to take if other steps don’t work. The committee suggested by Commissioner Moran will help the Council obtain a better perspective of real issue. Commissioner Sanghvi suggested tabling this for now and come back to it if necessary. Commissioner Montagnino stated the problem has been persistent and increasing. Commissioner Sanghvi stated this amendment opens the City up to more litigation and residents don’t need that. Mayor Kim stated if the City fails to act, it could be held liable. He suggested taking action tonight and continue a dialogue with the Caroline Street people and the businesses. Commissioner Moran restated the intent of the committee he formed. Having a third party audit will drive the data and the measurables needed. Commissioner Moran stated he will vote no; it is not enforceable. Ayes – 2 (Mayor Kim and Commissioner Montagnino) Nays – 3 (Commissioner Moran, Commissioner Sanghvi, and Commissioner Golub) Discussion and Vote: Accept TRO Resolution Commissioner Montagnino pulled this item from his agenda. ADJOURN Commissioner Montagnino moved and Commissioner Sanghvi seconded to adjourn the meeting at 11:09 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: 4/4/2023 Vote: 5 - 0 Page 20 of 20