City Council

December 20, 2022 CITY OF SARATOGA SPRINGS City Council Meeting 474 Broadway 7:00 PM 6:45 PM P.H. – Amend Capital Budget for Water Treatment Plant Property Acquisition P.H. – Enhancing Union Avenue P.H. – Liberty Affordable Housing – Amend Zoning and Comprehensive Plan Maps P.H. – Street Acceptance – Julians Way, Oak Ridge Blvd., Jenna Jo Ave., Aurora Ave. P.H. – Weibel Avenue PUD Amendment 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES CONSENT AGENDA 1. Approve Budget Transfers – Debt Service Fund 2. Approve Budget Transfers – Regular 3. Approve Budget Amendments - Regular 4. Approve Payroll 12/16/22 $692,297.38 5. Approve Payroll 12/09/22 $481,297.39 6. Approve Warrant 2022 22DEC2 $1,542,801.83 7. Approve Mid-Warrant 2022 22MWDEC1 $4,560,858.00 8. Approve Mid-Warrant 2022 22MWDEC2 $4,248,056.88 MAYOR’S DEPARTMENT 1. Announcement: Saratoga High School Girls Cross Country Team 2. Discussion and Vote: Authorization for Mayor to Sign Adirondack Cabling and Security 2023 Contract 122022 3. Discussion and Vote: Authorization for Mayor to Sign License Agreement Re: Caudell 191 Grand Avenue 100322 4. Discussion and Vote: Authorization for Mayor to Sign Intermunicipal Agreement with County of Saratoga For Animal Shelter Services 5. Discussion and Vote: Authorization for Mayor to Sign Contract Addendum Two with Miller, Mannix, Schachner, & Hafner, LLC City Council Meeting December 20, 2022 6. Discussion and Vote: Authorization for Mayor to Sign Addendum Two: Goldberger & Kremer 7. Discussion and Vote: Appointment of Civilian Review Board Chair: Kristen Dart 8. Announcement: Open Meetings Law & Zoom Procedures 9. Announcement: Special City Council Meeting 12/27 at 9 a.m. 10. Announcement: In Memoriam: Calvin Gong ACCOUNTS DEPARTMENT 1. Discussion and Vote: SEQRA Evaluation for Liberty Affordable Housing 2. Discussion and Vote: Approval of Zoning and Comprehensive Plan Map Amendments for Liberty Affordable Housing 3. Discussion and Vote: Approve Resolution for Clean Slate Act 4. Discussion and Vote: Authorization for Mayor to Sign Addendum #8 with GAR Associates 5. Award of Bid: Commercial and Residential Appraisal Services to GAR Associates 6. Discussion and Vote: Authorization for Mayor to Sign Contract with GAR Associates for Commercial and Residential Appraisal Services 7. Award of Bid: Extension of Bid for Plumbing Services Only to BPI Mechanical for Department of Public Safety 8. Award of Bid: Landfill Gas Operation, Monitoring, and Maintenance to Barton and Loguidice 9. Discussion and Vote: Weibel Avenue PUD Amendment to City’s Planning Board for Clarification 10. Announcement: Downtown Advisory Committee 11. Announcement Special Events FINANCE DEPARTMENT 1. Update: City Finances 2. Discussion and Vote: Participatory Budgeting – Voting Results & Funding Recommendations 3. Discussion and Vote: 2022 Finance Policy and Procedures Manual 4. Discussion and Vote: 2023 City Fees 5. Discussion and Vote: Authorization for Mayor to Sign Contract with SHI/Mimecast for Cybersecurity Technology in the Amount of $7,008.75 6. Discussion and Vote: Authorization for Mayor to Sign DUO/SHI Addendum #2 7. Discussion and Vote: Use of Reserve Resolution – Water System Capital Reserve 8. Discussion and Vote: Use of Insurance Reserve Resolution 9. Discussion and Vote: Approval to Pay Mileage Reimbursement for IT Staff 10. Discussion and Vote: Budget Amendments – Fund Balance 11. Discussion and Vote: Budget Amendments – Capital 12. Discussion and Vote: Budget Amendments – Payroll & Benefits 13. Discussion and Vote: Budget Transfers – Payroll & Benefits PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Approval for a Capital Budget Amendment for Water Treatment Plant Property Acquisition 2. Discussion and Vote: Street Acceptance of Julians Way; Oak Ridge Blvd; Jenna Joe Ave; and Aurora Ave. 3. Discussion and Vote: Resolution Granting Authority to the NYS DOT to Adjust City Owned Water Facilities on Route 9P Included in PIN 1247.09 Rt. 9P Pavement Maintenance and Shoulder Widening Project 4. Discussion and Vote: Authorization for Mayor to Sign Contract with Mahoney Notify Plus, Inc. for Alarm Services 5. Discussion and Vote: Authorization for the Mayor to Sign Tree City USA Application 2022 6. Discussion and Vote: Approval to Pay Invoice #4865 to T&T Sales, Inc. in the Amount of $5,791.98 7. Discussion and Vote: Accept Donation from Linda LeTendre of an 1840-50’s Cast Iron Urn with an Estimated Worth of $400 Page 2 of 25 City Council Meeting December 20, 2022 PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign an EMS Agreement with the University of Vermont Health Network, Elizabethtown Community Hospital 2. Discussion and Vote: Authorization for Mayor to Sign Contract with Falls Dodge dba Joe Cecconis Chrysler Complex 3. Discussion and Vote: Authorization for Mayor to Sign Contract with KM Curran Photos 4. Discussion and Vote: Authorization for Mayor to Sign Contract with Firematic 5. Discussion and Vote: Authorization for Mayor to Sign Contract with BPI Mechanical for Plumbing Services 6. Discussion and Vote: Authorization for Mayor to Sign Contract with BPI Mechanical for HVAC Services 7. Discussion and Vote: Bar Closing Time 8. Set Public Hearing: “No Parking” Signs on the Cul-de-Sac on Ashley Place 9. Set Public Hearing: “Do Not Enter” Signs on Broadway at Huestis Court Between St. Peter’s Church and Spa Central Catholic School 10. Set Public Hearing: 2 Hour Parking Limitations on Portion of Joseph St., Ash St. New the Saratoga Springs High School SUPERVISORS Matthew Veitch 1. Saratoga County Budget Adoption 2. Open Space Grants 3. 2023 Planning & Zoning Conference 2/1/2023 at the City Center Tara Gaston 1. Public Health Update 2. Saratoga County Budget 3. Cannabis Task Force ADJOURN Page 3 of 25 City Council Meeting December 20, 2022 December 20, 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: Heather Crocker, Deputy Commissioner of Finance Stacy Connors, Deputy Commissioner of Accounts EXCUSED: Angela Rella, Deputy Mayor 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. MAYORS DEPARTMENT (part 1) Announcement: Saratoga High School Girls Cross Country Team Mayor Kim announced the City is among national champions. The Saratoga Springs High School Girls Cross Country Nike Cross Country National Team Champions on the 5K; the New York 5K champions, New York State Federation Champs, NYS Class A State Champions, and the Section 2 Class A Champions. Linda Kranick introduced the girls of the team and stated the girls run in any kind of weather. Two of the girls have signed full scholarships to Iowa State. The girls went into the competition ranked number one and the 14th time the Saratoga Springs Girls Cross Country have been the top cross-country team in the United States. PUBLIC HEARINGS Amend Capital Budget for Water Treatment Plant Property Acquisition Mayor Kim opened the public comment period at 6:54 p.m. Page 4 of 25 City Council Meeting December 20, 2022 No one spoke. Mayor Kim closed the public hearing at 6:55 p.m. Enhancing Union Avenue Mayor Kim opened the public comment period at 6:55 p.m. Rose Tate of Lincoln Avenue stated she is here to emphasize NYRA closed a main exit on to Union Avenue and created a main exit on to Lincoln Avenue. It is too complicated to explain in two minutes, she would like to have a meeting to explain it. Chris of 85 Union Avenue stated he is concerned about the concept of improving Union Avenue through the construction of bike lanes may harm the integrity of the historical entryway. Plans to alter the neighborhood should include an open comprehensive dialogue with the neighbors. He urged the Council to think about Union Avenue’s future. Mayor Kim concluded the public hearing at 6:58 p.m. and left it open. Mayor Kim stated there will be a presentation on January 17, 2023 regarding the enhancement of Union Avenue. Liberty Affordable Housing – Amend Zoning and Comprehensive Plan Maps Mayor Kim opened the public comment period at 6:59 p.m. Sam Brewer of Saratoga Springs stated a public hearing was held a few months ago about this project. He suggested the Council look at the density of the proposed development and study it. Mayor Kim closed the public hearing at 7:00 p.m. Street Acceptance – Julians Way, Oak Ridge Blvd., Jenna Jo Ave., Aurora Ave. Mayor Kim opened the public comment period at 7:00 p.m. No one spoke. Mayor Kim closed the public hearing at 7:01 p.m. Weibel Avenue PUD Amendment Mayor Kim opened the public comment period at 7:01 p.m. No one spoke. Mayor Kim closed the public hearing at 7:02 p.m. CALL TO ORDER Mayor Kim called the meeting to order at 7:02 p.m. Page 5 of 25 City Council Meeting December 20, 2022 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 7:03 p.m. Roberta Reit of Saratoga Springs stated the intent of herself and her neighbors to address the Council is two-fold. They congratulated the Council on adopting the participatory budget process but it came with a few issues. They would like to see more notice given to the residents regarding the dates of the voting window, the projects up for funding, and how to vote. Ms. Reit asked the Council to re-consider funding all the projects and fund only the top five projects. Paula Hunt of Saratoga Springs stated one of the projects not recommended for funding is the water fountain in the Spa State Park. The City should not expend money for projects in the state park. If the City is voting tonight to fund all proposed projects, is the City willing to fund the cost of the water consumed at the park along with the maintenance. John Connelly of Pinewood Ave stated the UDO has negatively impacted his neighborhood. A neighbor on East Avenue is proposing to construct of a two-story garage. The mass and scale of the project will have a significant negative impact on their property values and quality of life. The UDO does not allow a subjective review on mass and scale; a petition has been started to oppose this project. Only solution to remedy this structure is to convert to a multi-family zone, which they are against. Jeff Clemcheck of Saratoga Springs stated this project doesn’t fall within accessory structure and will be approximately 78% of the size of the main house. Rachel Baum of Saratoga Springs stated the Council approved the proposal for the poet laureate. Her committee solicited nominations and have eight nominees. Two finalists have been interviewed and have selected Dr. Buchac. The December 6, 2022 City Council date was selected to appoint Dr. Buchac but was postponed until today due to the event on Caroline Street. It is postponed again tonight until an unknown time. Mayor Kim stated it will be done at the January 17, 2023 meeting. Carla Bitner and president of Homemade Theater thanked the Council for funding. This past summer they presented George in the Park. Thank you. Mary Sell – Reikman and chair of the participatory budgeting committee stated they worked closely with the Recreation Dept and DPW before putting any project on the ballot. Workshops will be held in the spring to improve the process. Norah Brennan of Saratoga Springs stated she is the vice-chair of the participatory budgeting committee. She thanked the residents for their feedback, as it is helpful. The platform they used came from Stamford University. Commissioner Sanghvi stated it wasn’t just an honor system, people received a code. Trisha asked the Council to vote in favor of all the projects on the participatory budget list. Water is a basic infrastructure issue for the dog park. There are a large number of volunteers that maintain the dog park. Alex of Saratoga Springs stated he is here to speak about the closing of bars earlier. No one is here speaking in favor of it. They left the last meeting with a plan. Broad stroking all bars to make them close Page 6 of 25 City Council Meeting December 20, 2022 at 2 a.m. when they have never had an issue is not fair. It feels like the Council is flipping the block and trying to jam through again. Devan of Saratoga Springs spoke on the death of Calvin Gong. He was hit and killed by a car while riding his bike on West Avenue by Grand Avenue. Devan has watched many Council meetings where many people have repeatedly requested sidewalks on Grand Avenue. The City still lacks plans on how to improve safety for pedestrians and bicyclists in the City. Commissioner Sanghvi stated they City is studying the issue via a grant received. The Council has voted to install sidewalks on Grand Avenue from West to Rowland next year. Mayor Kim stated a study has commenced last week with CDTC. This City Council is very responsive to the Grand Avenue community. There is a lot of work to be done. Don Shore, owner on Beekman Street stated he has a concern with 38 Beekman Street. It is a vacant property that the owner has removed the porch and the building has been left open. There are approximately 10 businesses on Beekman that relates to creativeness and this building stops people from wanting to continue to walk down the street. Commissioner Montagnino stated he will ask code enforcement to visit the property tomorrow. Sarah Elacqua, general manager of Spa City Tap and Barrel, stated Commissioner Montagnino’s proposed solutions and actions have not changed. It is becoming clear there is no desire to work with them. Today’s proposal is not about safety but about the politics. Ms. Elacqua asked Commissioner Montagnino to work with them. Commissioner Sanghvi confirmed there are two committees – a Safety Committee and a Downtown Business Committee. Sarah Elacqua stated there used to be a Caroline Street Association and it reformed and started working together to get information out to the other bar owners. Rose Tate of Saratoga Springs stated she has spoken to the people of complete streets and found Lincoln Avenue is not part of the traffic study. She asked the Council to reconsider Lincoln Avenue be put back to a two-way street. Families with baby carriages are at risk with going to the track through that area. Sean Figuereo, owner of Frenchie Herb, stated he is in the process of obtaining a permit as a dispensary in New York State. He asked what Saratoga County’s views are for a dispensary in town. Mayor Kim advised there is a committee that will be meeting. Mayor Kim closed the public comment period at 7:38 p.m. EXECUTIVE SESSION Mayor Kim moved and Commissioner Montagnino seconded to adjourn into executive session to discuss proposal received from the unions at 7:39 p.m. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) City Council returned at 8:09 p.m. Page 7 of 25 City Council Meeting December 20, 2022 Mayor Kim advised no decision was made in executive session. FINANCE (Part 1) Discussion and Vote: Participatory Budgeting (22-511) Commissioner Sanghvi advised this a democratic process in which the community members decide how to spend part of the public budget. Nine projects moved to the ballot/voting process and the City received 846 votes. The total of all projects is $96,000 in the following order: 1. Urban Forestry Project; 2. Outdoor Ice Skating at Congress Park; 3. Community Garden; 4. Youth Art Programs; 5. Native Flower Planting; 6. Broadway Live Music Theatre; 7. Community Free Bike Repair; 8. Saratoga Dog Park Water Fountain; and 9. Curling Pilot. The projects were vetted by the Finance staff and Committee members. The committee recommends accepting all nine projects since the money is available. Commissioner Sanghvi also recommends accepting all nine projects. Commissioner Sanghvi moved and Commissioner Moran seconded to accept all nine projects for participatory budgeting. Commissioner Moran stated the amount of water that would be used in the dog park is a drop in the bucket. He asked if there is a vote and the City doesn’t follow it; what is the value of the vote. Norah Brennan stated the Committee debated the question numerous times. Participatory budgeting now has more awareness in the community for the next time. She would like to have more ideas than there is money. Mary Estelle Reikman stated the vote was to indicate the views of the public. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays - 0 SUPERVISORS Matthew Veitch Saratoga County Budget Adoption Supervisor Veitch reported a special meeting was held December 14, 2022 where the budget was passed unanimously. The 2023 County budget is in the amount of $378.3 million dollars, which is a reduction of $3.2 million from the County’s 2022 budget and contains a 5% property tax reduction. The tax rate will be $2.12 per 1,000. Open Space Grants Supervisor Veitch reported $400,000 was approved today for 2023 at their board meeting for open space. There are four projects throughout the County. The application process for 2023 will occur sometime this summer. 2023 Planning & Zoning Conference 2/1/2023 at City Center Supervisor Veitch reported the 2023 planning and zoning conference will be at the City Center on February 1, 2023. There is a link to register. Page 8 of 25 City Council Meeting December 20, 2022 Tara Gaston Public Health Update Supervisor Gaston reported COVID and RSV continue to increase. Saratoga County Budget Supervisor Gaston reported a separate allocation in the amount of $300,000 for the supervisors to apply towards projects in the City. Cannabis Task Force Supervisor Gaston reported she has requested information from Building and Planning Department. The idea is to remove as many barriers as possible so that one will know where a dispensary can be located. CONSENT AGENDA Commissioner Moran moved and Commissioner Golub seconded to approve the Consent Agenda. 1. Approve Budget Transfers – Debt Service Fund 2. Approve Budget Transfers – Regular 3. Approve Budget Amendments - Regular 4. Approve Payroll 12/16/22 $692,297.38 5. Approve Payroll 12/09/22 $481,297.39 6. Approve Warrant 2022 22DEC2 $1,542,801.83 7. Approve Mid-Warrant 2022 22MWDEC1 $4,560,858.00 8. Approve Mid-Warrant 2022 22MWDEC2 $4,248,056.88 Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 MAYOR’S DEPARTMENT Announcement: Saratoga High School Girls Cross Country Team At the start of the meeting, Mayor Kim introduced the Saratoga High School Girls Cross Country Team and congratulated them on a championship year. Discussion and Vote: Authorization for Mayor to Sign Adirondack Cabling and Security 2023 Contract 122022 (22-553) Mayor Kim moved and Commissioner Sanghvi seconded to authorize the mayor to sign the Adirondack Cabling and Security contract. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Authorization for Mayor to Sign License Agreement Re: Caudell 191 Grand Avenue 100322 Mayor Kim pulled this item from his agenda. Page 9 of 25 City Council Meeting December 20, 2022 Discussion and Vote: Authorization for Mayor to Sign Intermunicipal Agreement with County of Saratoga for Animal Shelter Services (22-554) Mayor Kim moved and Commissioner Montagnino seconded to authorize the mayor to sign an intermunicipal agreement with the County of Saratoga for animal shelter services from January 1, 2023 to December 31, 2023. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Authorization for Mayor to Sign Contract Addendum Two with Miller, Mannix, Schachner, & Hafner, LLC (22-555) Mayor Kim moved and Commissioner Montagnino seconded to authorize the mayor to sign a renewal contract addendum with Miller, Mannix, Schachner, & Hafner, LLC effective December 31, 2022 for land use and board legal counsel. Commissioner Moran stated the Council added $50,000 to their contract in 2021 and another $20,000 was added on October 18, 2022. Commissioner Moran confirmed another $80,000 is being added to the contract. Mayor Kim advised that is not correct, the contract is increasing by $20,000 for a total of $80,000. This contract supports the Planning Board and the recent SEQRA analysis. Commissioner Moran stated the terms of payment in addendum 2 brings the total contract amount to $150,000. Commissioner Moran asked is that the amount anticipated to be spent in 2023. Mayor Kim stated his understanding is this contract is increasing for a total amount of $150,000 but that amount doesn’t need to be spent. The $150,000 is for over two years. Commissioner Moran asked for confirmation that the contract is for about $70,000 for 2022 and adding $80,000 for 2023. Mayor Kim stated that is correct. Commissioner Moran stated it looks like something similar is happening with Goldberger & Kremer where $50,000 is spent in 2022 and adding $25,000 for 2023. Mayor Kim stated the City is saving money as their rates are being held. A presentation will be in January of all legal services and comparing what was spent. The City is saving about $40,000 in legal services. Commissioner Sanghvi stated the City had some excess money this year and it made sense to fold it into this year. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Authorization for Mayor to Sign Addendum Two: Goldberger & Kremer (22-556) Mayor Kim moved and Commissioner Montagnino seconded to authorize the mayor to sign supplemental agreement for labor counsel Goldberger & Kremer. Page 10 of 25 City Council Meeting December 20, 2022 Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Appointment of Civilian Review Board Chair: Kristen Dart (22-557) Mayor Kim advised he appointed a chair of the Civilian Review Board in July. That person has to resign; therefore, Mayor Kim is appointing Kristen Dart. Mayor Kim moved and Commissioner Sanghvi seconded to appoint Kristen Dart as the chair of the Civilian Review Board. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Announcement: Open Meetings Law & Zoom Procedures Mayor Kim stated a resolution was passed on July 5, 2022 regarding zoom meetings, which applies, to all boards in the City. A majority of the Council must be in person in order for others to zoom into the meeting. The person(s) zooming into a meeting must be able to be seen by all in the audience and the member zooming in must be able to see all people in the room. The City currently does not have the proper equipment needed to show the room. It must be stated in the notice of the meeting that a member(s) may be ‘zooming’ into a meeting. Mayor Kim stated they are hoping to do better on this. Commissioner Moran stated on a go forward basis noticing of a City Council meeting will include the statement that it is a possibility that a member may not be able to attend Mayor Kim advised the equipment has been ordered and hope to be set up for the first of the year. Announcement: Special City Council Meeting 12/27 at 9 a.m. Mayor Kim announced a special City Council meeting is scheduled for December 27, 2022 at 9 a.m. Announcement: In Memoriam: Calvin Gong Mayor Kim announced Calvin Gong died Saturday night riding his bike. ACCOUNTS DEPARTMENT Discussion and Vote: SEQRA Evaluation for Liberty Affordable Housing (22-558) Commissioner Moran moved and Commissioner Montagnino seconded that it is the conclusion of the Saratoga Springs City Council as lead agent that the Liberty Affordable Housing Project will result in no significant adverse impacts on the environment and therefore, an environmental impact statement need not be prepared. Accordingly, a negative declaration is issued. Mayor Kim stated the SEQRA session went well. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Approval of Zoning and Comprehensive Plan Map Amendments for Liberty Affordable Housing Page 11 of 25 City Council Meeting December 20, 2022 Commissioner Moran moved and Commissioner Golub seconded that the City Council approve the zoning and comprehensive map amendments as proposed by Liberty Affordable Housing and included with the agenda. Commissioner Moran stated a letter was received today from Miller, Mannix, Schachner & Hafner asking for a better definition of workforce housing. Commissioner Montagnino stated he understood there should be a floor income in addition to a maximum income. Stefanie Ferradino stated this project targets a low of $45,000 up to $84,000. These amounts could change within the FHA control. The floor could change as the economy shifts so the 60-80% works. John, counsel for Liberty Affordable, stated the 60% or below is a requirement of tax credit program, an income based requirement. Commissioner Montagnino asked if there is a minimum income that qualifies a person to rent. John advised he didn’t believe so. Stefanie Ferradino advised this workforce housing is just lower rent. Mayor Kim suggested tabling this until the meeting on December 27, 2022. He would like to have Mark Schachner look at this. A deed restriction runs with the land. Mayor Kim asked how long the City is committing to the affordability project. The Planning Board is suggesting 50 years and currently it is at 30 years. John advised the deed restriction states any mortgage lender…… Mayor Kim stated a Comprehensive Plan or zoning change was not required for Intrada. Commissioner Moran stated the Comprehensive Plan bisects this property. John stated he wants consistency for his client as to the way it is being treated by the City to its requirements. Commissioner Moran stated the Comprehensive Plan caused the uniqueness of this project. There is a timeframe on this and would like to work through this now. Mayor Kim stated he wants to vote for this but doesn’t feel he has the expertise to make the revisions to the resolution at the table. He would like the land use attorney to look at this. Commissioner Moran stated this is the type of project that needs to move forward and precedent that needs to be set. Stefanie Ferradino asked who makes the decision of the number of years. Commissioner Moran stated the 30 or 50 years is a financing issue that comes up after the fact. Stefanie Ferradino stated HFA gives a loan for 30 years. Commissioner Moran stated the timing is per the request of the City Council. Stefanie Ferradino stated the resolution was provided to the city attorney on November 28; it’s been there for three weeks. Mayor Kim stated the first time he saw the resolution is when he texted Stefanie. Page 12 of 25 City Council Meeting December 20, 2022 Stefanie Ferradino stated the staff had it because it was mentioned in their December 2 letter. Mayor Kim stated he is asking the City’s attorney to do some wordsmithing. Stefanie Ferradino stated if any of the Council members votes for 50 years, the project is done. They can’t do it. They have already missed the 2023 pipeline because this process is taking longer than expected. John advised Liberty Affordable does not currently own the property but has the option to buy. Liberty does not have the authority or power to accept the deed restriction. Mayor Kim stated the concern is the City gives the project a ‘greenlight’, changes the Comprehensive Plan and Liberty doesn’t get their financing; then luxury condominiums are put up. Commissioner Moran stated he is not interested in moving this to the 27th. This is not a significant change to our Comprehensive Plan. The Comprehensive Plan is a guideline. Commissioner Moran stated they aren’t setting a bad precedent but bringing something good to the community for regular human beings to live. The documents were in everyone’s hands and he hopes they all read them. If there is consensus to move the date, he will listen to it. If there is consensus to vote on it now he is ready. Commissioner Montagnino stated he would be more comfortable hearing from the City’s counsel before voting. Stefanie Ferradino read number four of the draft resolution, which provides assurance. Mayor Kim stated he is asking for time to figure this out. Stefanie asked how they don’t have the same conversation on the 27th. Mayor Kim stated he will not have this conversation again on the 27th. Commissioner Moran tabled this item until December 27 meeting. Discussion and Vote: Approve Resolution for Clean Slate Act (22-559) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK WHEREAS, for many thousands of people in New York, a record of criminal conviction is a permanent barrier to improving their lives. It can prevent them from obtaining housing, education, licenses, and employment. It prevents them from being productive members of society long after they have completed their sentences. It deprives the workforce of valuable employees, and costs our state’s economy more than $78 Billion Dollars each year in lost production. The impact is greater for persons of color, and it contributes to racial and socio-economic inequality in many ways. Of all people who are eligible to have their records sealed under current law, it is estimated that only about 0.5 percent apply for that sealing; and WHEREAS, recently a proposal was introduced before the New York State Legislature that would require that most criminal records be automatically sealed after a specified period of time. It is designated as the Clean Slate Act, and if enacted it would remove the systemic barriers and allow millions of New Yorkers to participate fully in civic life and in their communities. It would give people a second chance and make our state a more stable place for all of us, NOW, THEREFORE, BE IT RESOLVED, that this Council hereby states its support for the New York Clean Slate Act, and hereby encourages our State Legislators to pass it and our Governor to sign it at the earliest opportunity, and be it further RESOLVED, that a copy of this Resolution be forwarded to our City’s Representatives in the Senate and the Assembly, and to the Office of the Governor. Commissioner Moran moved and Commissioner Sanghvi seconded to approve the Clean Slate Act as read into the record. Commissioner Sanghvi stated she is glad they can support this. Page 13 of 25 City Council Meeting December 20, 2022 Commissioner Montagnino stated he supports this. Mayor Kim stated he supports this and suggested adding something in the submittal letter to make sure some kind of mechanism is in place that it actually happens. Elz Figuereo stated the group he works for, Hudson Catskill Housing Coalition, is starting clinics to work with people to help them fill out the application to have their records sealed. This will be in February. Lafanzo Bonner spoke (unable to hear). Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Authorization for Mayor to Sign Addendum #8 with GAR Associates (22-560) Commissioner Moran advised this addendum extends the contract agreement to December 31, 2022 and adds $5,000 to the total of all agreements. Commissioner Moran moved and Commissioner Golub seconded to authorize the mayor to sign addendum #8 with GAR Associates to add $5,000 to the total of all agreements and extend the expiration date to December 31, 2022. Ayes – 4 (Mayor Kim, Commissioner Moran, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Abstention – 1 (Commissioner Sanghvi) Award of Bid: Commercial and Residential Appraisal Services to GAR Associates (22-561) Commissioner Moran moved and Commissioner Golub seconded to award the bid for commercial and residential appraisal services to GAR Associates for an amount not to exceed $115,000 through December 31, 2023. Tony Izzo stated he originally disapproved this contract and found from staff today that the extension is in the bid documents. He now approves the contract. Ayes – 4 (Mayor Kim, Commissioner Moran, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Abstention – 1 (Commissioner Sanghvi) Discussion and Vote: Authorization for Mayor to Sign Contract with GAR Associates for Commercial and Residential Appraisal Services (22-562) Commissioner Moran advised the bid was awarded in the previous item. This item is to approve the contract. Commissioner Moran moved and Commissioner Montagnino seconded to authorize the mayor to sign the contract with GAR Associates for commercial and residential appraisal services in the amount not to exceed $115,000 through December 31, 2023. Ayes – 4 (Mayor Kim, Commissioner Moran, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Abstention – 1 (Commissioner Sanghvi) Page 14 of 25 City Council Meeting December 20, 2022 Award of Bid: Extension of Bid for Plumbing Services Only to BPI Mechanical for Department of Public Safety (22-563) Commissioner Moran moved and Commissioner Montagnino seconded to extend the bid for plumbing services to BPI Mechanical for an additional year under the same terms, conditions, and prices for the Department of Public Safety. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Award of Bid: Landfill Gas Operation, Monitoring, and Maintenance to Barton and Loguidice (22-564) Commissioner Moran moved and Commissioner Golub seconded to award the bid for landfill gas operation, monitoring, and maintenance to Barton and Loguidice in the amount not to exceed $24,100. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Weibel Avenue PUD Amendment to City’s Planning Board for Clarification (22-565) Commissioner Moran advised that earlier this morning the supporting documentation was circulated in regard to this issue. There is a contradictory statement made by the City’s Planning Board causing the need to send this information back to the City’s Planning Board for clarification. Commissioner Moran moved and Commissioner Montagnino seconded that the City Council agrees clarification is required of the City’s Planning Board response for the Weibel Avenue PUD amendment and that it be referred back to the City’s Planning Board for clarification. Commissioner Moran stated two uses were put forward to the Planning Board – warehouse space and marijuana dispensary. The front of the store is small but the back of the store would be a warehouse type facility. Justin Grassi, attorney for the applicant, stated in 2021 they went before the Planning Board to add warehouse/distribution plans and they suggested language be added. They took the City’s Zoning Ordinance but confusion came out of the resolution. They would like to have this go back for clarification. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Announcement: Downtown Advisory Committee Commissioner Moran announced he created this committee to help ensure the City’s downtown success. This 14-person committee will be co-chaired by Commissioner Moran and Todd Shimkus, president of the Saratoga County Chamber of Commerce. Members of the committee include: Commissioner Sanghvi, Chief Crooks, Lt. McIntosh, Assistant Chief Dyer, Deann Devitt, Samuel Bottini, Darryl Leggieri, Ryan McMahon, Dean Kolligan, Heidi West, Bryan Miller, Sara Elaqua, Jayson Fitch, and will be supported by Deputy Connors, and Barb Brindisi. He will be holding a ‘Zoom’ call with the committee to get it started. Mayor Kim stated he believes a member of the City Council who owns a bar that would be regulated by this committee would be a conflict of interest. Commissioner Moran has disagreed with this. He asked Commissioner Moran and Commissioner Sanghvi submit to the Ethics Committee to determine if it is Page 15 of 25 City Council Meeting December 20, 2022 appropriate for Commissioner Moran to sit on this Committee. The City should not have a committee like this if the Ethics Committee feels it is a conflict of interest. Commissioner Moran stated he spoke with Attorney Izzo who stated there was no conflict of interest. His interest in Druthers is no different from owning stock. He stated he is the right person for this and the licenser of the businesses. Tony Izzo, city attorney, stated the City Code identifies need of disclosure statements. Mayor Kim confirmed Tony Izzo is related to someone who owns a bar. Tony Izzo advised he has a cousin that owns a bar. Commissioner Sanghvi confirmed the mayor is looking for herself and Commissioner Moran to apply to the Ethics Committee. Mayor Kim advised it is an easy process; it is a one-page form. All the City committees do this and it is in the Charter. Announcement Special Events Commissioner Moran announced the following special events:  Saratoga New Year’s Fest – December 31st and January 1st. There is a 5K on January 1st.  Chowderfest – February 11th. Commissioner Moran moved and Commissioner Sanghvi seconded to add an announcement to his agenda. (22-566) Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, and Commissioner Montagnino) Nays – 0 Abstention – 1 (Commissioner Golub) Announcement: Appointment of Commissioner of Deeds Commissioner Moran advised he will be appointing commissioners of deeds at the first meeting in January. City staff needs to prepare their vouchers for payment. FINANCE DEPARTMENT Update: City Finances Commissioner Sanghvi reported sales tax collections is $14.1 million and the City received state aid revenue sharing in the amount of $1.4 million. Discussion and Vote: Participatory Budgeting – Voting Results & Funding Recommendations Commissioner Sanghvi advised this item was addressed at the beginning of the meeting. Discussion and Vote: 2022 Finance Policy and Procedures Manual Commissioner Sanghvi advised this should state 2023 Finance Policy and Procedure Manuals. This item has been tabled for discussion on December 27, 2022. Page 16 of 25 City Council Meeting December 20, 2022 Discussion and Vote: 2023 City Fees (22-567) Commissioner Sanghvi advised changes are made by individual departments and published by the Finance Department. An additional change was made this morning by the Accounts Department under the section ‘special events’ to read variable by event and $50 per day. Commissioner Sanghvi moved and Commissioner Moran seconded to approve the 2023 City fees with the amendment received from the Accounts Department today. 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 SHI/Mimecast for Cybersecurity Technology in the Amount of $7,008.75 (22-568) Commissioner Sanghvi advised this contract is for the purchase of Mimecast equipment/tool. Commissioner Sanghvi moved and Commissioner Moran seconded to authorize the mayor to sign a contract with SHI in the amount of $7,008.75. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Authorization for Mayor to Sign DUO/SHI Addendum #2 (22-569) Commissioner Sanghvi advised this is for the purchase of fobs. This is part of the City’s cyber security system. Commissioner Sanghvi moved and Commissioner Montagnino seconded to authorize the mayor to sign the contract with SHI for DUO fobs in the amount of $13,299.60. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Use of Reserve Resolution – Water System Capital Reserve (22-570) Commissioner Sanghvi advised this is for the purchase of property next to the water treatment plant in the amount of $1,075,000. Money is in the water system capital reserve. Commissioner Sanghvi moved and Commissioner Golub seconded to use the water system capital reserve for the land purchase. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Use of Insurance Reserve Resolution (22-571) Commissioner Sanghvi advised this is for damage to a police vehicle. Commissioner Sanghvi moved and Commissioner Montagnino seconded to use insurance reserve resolution as distributed with the agenda. Page 17 of 25 City Council Meeting December 20, 2022 Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Approval to Pay Mileage Reimbursement for IT Staff (22-572) Commissioner Sanghvi advised this reimbursement is in the amount of $292.50 that exceeded 30 days. Commissioner Sanghvi moved and Commissioner Montagnino seconded to approve mileage reimbursement for IT staff. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Budget Amendments – Fund Balance (22-573) Commissioner Sanghvi advised lines 1-2 cover the purchase of the land adjacent to the water treatment plant. Commissioner Sanghvi moved and Commissioner Golub seconded to approve budget amendments – fund balance which was previously distributed with the agenda. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Budget Amendments – Capital (22-574) Commissioner Sanghvi advised lines 1-2 is for purchase of fire engine and lines 3-4 is for purchase of land adjacent to the water treatment plant. Commissioner Sanghvi moved and Commissioner Moran seconded to approve budget amendments – capital which was previously distributed with the agenda. Roll call: Commissioner Moran – Aye Commissioner Sanghvi – Aye Commissioner Golub – Aye Commissioner Montagnino – Aye Mayor Kim – Aye Discussion and Vote: Budget Amendments – Payroll & Benefits (22-575) Commissioner Sanghvi advised line 1-2 is for capital items moved to the previous agenda item #11, lines 3-4 is for Department of Public Works special events labor, lines 5-6 cover increased medical expenses, lines 9-10 is for capital items moved to previous agenda, and lines 11-12 is for police sick leave. Commissioner Sanghvi moved and Commissioner Montagnino seconded to approve budget amendments – payroll & benefits as previously distributed with the agenda. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Budget Transfers – Payroll & Benefits (22-576) Page 18 of 25 City Council Meeting December 20, 2022 Commissioner Sanghvi advised lines 1-4 covers IT social security; lines 5-13 cover water and sewer overtime and holiday pay; lines 14-15 cover the GAR contract for Accounts Department; lines 16-19 Accounts Department use of SARA Grant monies; lines 20-21 is for Finance Department to cover payout of accruals; lines 24-65 is to cover hospitalization; social security, and insurance opt outs; lines 66-97 is for Department of Public Works year end water and sewer expenses; lines 98-101 is to cover IT on-call and social security; lines 102-103 is for legal professional services; lines 104-105 is for Department of Public Safety building maintenance; lines 106-111 is for Accounts Department year end expenses; lines 112-127 is for Department of Public Safety to cover phones, service contracts, equipment, overtime and compensation pay; lines 128-129 is IT on call pay, lines 130-132 is for Mayor’s Department for legal professional fees; lines 133-134 is Accounts Department to cover professional fees; lines 135-142 is for Mayor’s Department for legal professional fees; and lines 143-156 is Mayor’s Department for payroll related adjustments. Commissioner Sanghvi moved and Commissioner Moran seconded to approve budget transfers – payroll & benefits which was previously distributed with the agenda. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 PUBLIC WORKS DEPARTMENT Discussion and Vote: Approval for a Capital Budget Amendment for Water Treatment Plant Property Acquisition (22-577) Commissioner Golub advised this amendment is for the 2023 capital budget for the purchase of property next to the water treatment plant. Commissioner Golub moved and Commissioner Moran seconded to approve the capital budget amendment for the water treatment plant property acquisition in the amount of $1,750,000. Roll call: Commissioner Moran - Aye Commissioner Sanghvi – Aye Commissioner Golub – Aye Commissioner Montagnino – Aye Mayor Kim – Aye Discussion and Vote: Street Acceptance of Julians Way; Oak Ridge Blvd; Jenna Joe Ave; and Aurora Ave. (22-578) Commissioner Golub advised this is to amend chapter 201 to include streets Julian Way, Oak Ridge Boulevard, Jenna Joe Avenue and Aurora Avenue. Commissioner Golub moved and Commissioner Sanghvi seconded amend Chapter 201, section 201-1 “Official Street List” entitled “Street Naming and Numbering” to add Julian Way, Oak Ridge Boulevard, Jenna Joe Avenue, and Aurora Avenue. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Resolution Granting Authority to the NYS DOT to Adjust City Owned Water Facilities on Route 9P Included in PIN 1247.09 Rt. 9P Pavement Maintenance and Shoulder Widening Project (22-579) Page 19 of 25 City Council Meeting December 20, 2022 Commissioner Golub advised this resolution provides NYS DOT permission to adjust City owned water infrastructure during their streetscape improvement project on Union Avenue from East Avenue to Henning Road. Commissioner Golub moved and Commissioner Moran seconded to approve the resolution granting authority to the NYS DOT to adjust the City owned water facilities on Route 9P included in PIN 1247.09 Rt. 9P pavement maintenance and shoulder widening project. 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 Mahoney Notify Plus, Inc. for Alarm Services (22-580) Commissioner Golub advised this is an annual renewal contract for alarm services. Commissioner Golub moved and Commissioner Montagnino seconded to authorize the mayor to sign a contract with Mahoney Notify Plus, Inc. for alarm services valid until 12/31/2023 in the amount described in the proposal previously provided with the agenda. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Authorization for the Mayor to Sign Tree City USA Application 2022 (22-581) Commissioner Golub advised the City has been nationally recognized as a tree city USA community. Application to renew the City’s recognition must be submitted annually. Commissioner Golub moved and Commissioner Sanghvi seconded to authorize the mayor to sign Tree City USA application 2022. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Approval to Pay Invoice #4865 to T&T Sales, Inc. in the Amount of $5,791.98 (22- 582) Commissioner Golub advised this is for purchase of snowplow equipment. Miscommunication by his staff resulted in the Purchasing Policy not being followed. Commissioner Golub moved and Commissioner Montagnino seconded to approve payment of invoice #4865 to T&T Sales, Inc. in the amount of $5,791.98. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Accept Donation from Linda LeTendre of an 1840-50’s Cast Iron Urn with an Estimated Worth of $400 (22-583) Commissioner Golub advised this is a cast iron urn from approximately 1840-50’s. It will be placed in the carousel area of Congress Park. Page 20 of 25 City Council Meeting December 20, 2022 Commissioner Golub moved and Commissioner Moran seconded to accept the donation from Linda LeTendre of the 1840’s cast iron urn with an estimated worth of $400. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 PUBLIC SAFETY DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign an EMS Agreement with the University of Vermont Health Network, Elizabethtown Community Hospital Commissioner Montagnino advised this item is being pulled due to insurance. Discussion and Vote: Authorization for Mayor to Sign Contract with Falls Dodge dba Joe Cecconis Chrysler Complex (22-584) Commissioner Montagnino advised this is for a police car replacement. The vehicle was on the lot and ready for purchase. The cost is $40,608.22. Commissioner Montagnino moved and Mayor Kim seconded to authorize the mayor to sign a contract with Falls Dodge dba Joe Cecconis Chrysler Complex. 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 KM Curran Photos Commissioner Montagnino advised this item is being moved to the first meeting in January. Discussion and Vote: Authorization for Mayor to Sign Contract with Firematic (22-585) Commissioner Montagnino advised this is for the new fire engine. The manufacturer will guarantee the price as long as the contract is signed by the end of the year. The contract is for $793,000. Commissioner Montagnino moved and Commissioner Moran seconded to authorize the mayor to sign a contract with Firematic. 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 BPI Mechanical for Plumbing Services (22-586) Commissioner Montagnino advised this is for the Police Department and fire stations. Commissioner Montagnino moved and Mayor Kim seconded to authorize the mayor to sign a contract with BPI Mechanical for plumbing services. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Page 21 of 25 City Council Meeting December 20, 2022 Discussion and Vote: Authorization for Mayor to Sign Contract with BPI Mechanical for HVAC Services (22-587) Commissioner Montagnino advised this is for the Police Department and fire stations. This contract is a piggyback off the Department of Public Works. Commissioner Montagnino moved and Commissioner Sanghvi seconded to authorize the mayor to sign a contract with BPI Mechanical for plumbing services. Ayes – All (Mayor Kim, Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Commissioner Montagnino) Nays – 0 Discussion and Vote: Bar Closing Time (22-588) Commissioner Montagnino advised in June 2021 there was a stabbing and shots fired on Caroline Street. Caroline Street and the bars there are a focal point of violence in our City. There have been discussions of how to deal with the problems; a meeting was held earlier this year where the consensus of opinion was all bad things were a result of Gaffney’s. The question of bar closing times has been a discussion for years. This Council was willing to have the mayor write the County to request the County consider an earlier closing time. The State Liquor Authority (SLA) has the authority to grant conditions when granting a liquor license. This resolution provides a mechanism by which the City attorney would write a letter to the SLA informing them of the City’s desire to limit the sale of alcohol to 2 a.m. Upon renewal of applications, a similar letter would be sent to the SLA. Commissioner Montagnino moved and Mayor Kim seconded to adopt the resolution. The resolution is as follows: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS: WHEREAS, the City Council is unanimous in its commitment to protect the safety of the residents, homes and businesses of and the visitors to Saratoga Springs; and WHEREAS, the City has sought and continues to seek the County’s cooperation in petitioning the State Liquor Authority (SLA) to roll back to 2:00 am the time past which alcohol sales are prohibited; and WHEREAS, the County has, to this time, not acceded to the City’s request; it is therefore RESOLVED, that upon the City’s learning that an establishment, individual or entity of any kind seeks a liquor license, seeks renewal of a liquor license, or seeks modification or amendment of a liquor license, the City Attorney, under the Mayor's supervision, shall promptly write to the SLA to petition them to prohibit the sale of alcohol by that establishment, individual or entity beyond 2:00 am as a condition of the granting of any such application for a liquor license or renewal, modification or amendment of a liquor license. Commissioner Moran asked Tony Izzo if he was consulted by Commissioner Montagnino prior to this resolution be presented. Tony Izzo advised he was not consulted. Mayor Kim confirmed that Tony stated to him he was recusing himself from this issue because he is related to a bar owner. Tony Izzo stated from the ethics board matter, yes. Commissioner Moran asked Tony to confirm he approached him after the last City Council meeting to talk about this issue to properly vet it and make sure it is feasible, legal, and practicable. Tony Izzo stated he believes that is correct. Page 22 of 25 City Council Meeting December 20, 2022 Commissioner Moran stated they were going to look at this concept and determine if it is legal and feasible. He asked Tony what his opinion was when asked if this is legal and feasible. Tony Izzo stated it was discussed it was the SLAs discretion. Commissioner Moran stated his understanding was Tony Izzo felt this law was not enforceable. Tony Izzo stated he recalls saying the City would acknowledge the SLA’s authority and the SLA has the authority to not pay any attention to the City. Commissioner Moran stated what is proposed is a new business is going to be treated differently than an existing business. When an existing business renews their license, the City does not get notified of that. Commissioner Moran suggested tabling this item, and he and Commissioner Montagnino meet with the SLA together to get this answered. Commissioner Montagnino stated he consulted with a friend who does SLA practice. He asked if local governments asks the SLA to put conditions on local liquor licenses. He friend says they do. This is nothing out of the ordinary but is out of the ordinary for the City of Saratoga Springs. He would like to have a circumstance that the City can communicate with the SLA when a license is up for renewal. Mayor Kim stated the mayors of the capital region hold a monthly meeting via Zoom. He was advised by one of the mayors that they are in regular communication with the SLA. The City needs to be more proactive with the SLA. Commissioner Moran confirmed with Commissioner Montagnino that he is referring to the places that have incidents occurring in or around. Commissioner Montagnino stated no. This will apply to all new applications and renewal applications. Commissioner Golub stated the resolution reads as a blanket statement for all renewals. Mayor Kim reminded Commissioner Golub he signed the letter to the County asking them to change the bar closing time to 2 a.m. This resolution is what Commissioner Golub signed on to with the letter to the County. Commissioner Golub stated the law is not in their hands; they are not the SLA or the County. This is a short cut that will open the City up to questions and litigation. He is behind finding the long term and legal way to closing the bars at 2 a.m., which is more than writing the letter. Commissioner Moran asked if anyone on the Council has done what was suggested by Supervisor Gaston regarding making the appeal to the state. Supervisor Gaston stated the County passed a resolution in support of local control. The majority of the municipalities in the County do not wish to close their bars at 2 a.m. The County is willing to donate time, personnel, and funding to help the City advocate for the earlier closing time. Commissioner Moran asked what the first step is if the Council gave the supervisors permissions to move forward. Supervisor Gaston stated they would set up meetings to move it forward. Mayor Kim asked if the County has been asked by the City for help to close the bars at 2 a.m. Supervisor Gaston advised the City has requested the County for help and the County has passed a resolution. Page 23 of 25 City Council Meeting December 20, 2022 Mayor Kim stated that per Assemblywoman Carrier Woerner, the state would have to change law to allow the cities to do this. It has been discussed at the state level on several occasions but it hasn’t happened. Commissioner Moran asked Supervisor Gaston if the City has ever been in a position where the County was willing to help the City at the state level other than now. Supervisor Gaston stated not to her knowledge. Mayor Kim stated why doesn’t the City do both. Commissioner Moran stated if the Council passed this resolution, everyone sues the City, where did it get the City. Commissioner Montagnino stated the lawsuit isn’t against the City. If the Council passes this resolution, the City can’t be sued for taking legislative action. Commissioner Golub stated when a new application comes the SLA approves them for a 2 a.m. closing, and an existing bar renews and the SLA leaves them at 4 a.m. closing time. The City now has some bars open until 4 a.m. and some open until 2 a.m. What did the City accomplish? Commissioner Montagnino stated the City has limited the amount of alcohol ‘being poured down people’s throats in the wee hours of the morning’. Mayor Kim stated Mayor Sheehan has stated that over time they have been able to have the Lark Street bars with the exception of two close at 2 a.m. Commissioner Sanghvi asked Supervisor Gaston what the timeline would be if they took the home rule route. Supervisor Gaston stated she doesn’t know but suggests this get moving as soon as possible so it can be done this legislative session. Commissioner Sanghvi asked if what Commissioner Montagnino has proposed is legal. Tony Izzo stated the City has the authority to submit comments to the SLA. He would like to clarify if he would be asked to send the same letter in every case as routine as they came up. Commissioner Sanghvi asked Commissioner Montagnino to confirm if that is the case. Commissioner Montagnino stated when there is a renewal; the letter may bring something to the SLA that they may not know to consider. Commissioner Moran asked how many stabbings happened that were reported to the SLA. Commissioner Montagnino stated there is a simple vote here; the Council is either going to stand behind their commitment or avoid it. Commissioner Sanghvi asked again if this is legal. Tony Izzo stated this is legal to make the same communications each time. He would like to discuss the format at some point. Commissioner Montagnino offered a friendly amendment that the same form letter goes out for every bar for every application. Commissioner Golub stated that can be done today. Page 24 of 25 City Council Meeting December 20, 2022 Mayor Kim stated under the Charter, the mayor is the intermunicipal representative of the City. He wouldn’t send the letter unless he has the consensus of the Council. It is appropriate under the Charter to have a resolution of the Council stating the letter is or is not to be sent. Commissioner Sanghvi stated it could take up to 6 months to do the local rule. She asked if the City Council could have a multi-pronged approach where they have the safety committee, the local rule, and pass this resolution. Supervisor Gaston stated it could be done this way. Tony Izzo stated he doesn’t see why it couldn’t be done but the Council may want to decide the order. Ayes – 3 (Commissioner Sanghvi, Commissioner Montagnino, Mayor Kim) Nays – 2 (Commissioner Moran and Commissioner Golub) Set Public Hearing: “No Parking” Signs on the Cul-de-Sac on Ashley Place Commissioner Montagnino set a public hearing for Tuesday, January 3, 2023. Set Public Hearing: “Do Not Enter” Signs on Broadway at Huestis Court Between St. Peter’s Church and Spa Central Catholic School Commissioner Montagnino set a public hearing for Tuesday, January 3, 2023. Set Public Hearing: 2 Hour Parking Limitations on Portion of Joseph St., Ash St. New the Saratoga Springs High School Commissioner Montagnino set a public hearing for Tuesday, January 3, 2023. ADJOURN Commissioner Montagnino moved and Commissioner Sanghvi seconded to adjourn the meeting at 11:46 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 25 of 25