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City Council

Regular Meeting

Saratoga Springs, NY · February 21, 2023

AgendaMinutes

Minutes

February 21, 2023 CITY OF SARATOGA SPRINGS City Council Meeting 474 Broadway Saratoga Springs, New York 7:00 PM 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION 1. West Avenue Special Assessment District: 2022 Annual Report EXECUTIVE SESSION 1. Discussion: Settlement of Article 7 Case CONSENT AGENDA 1. Approve Payroll 02/10/2023 $443,807.67 2. Approve Payroll 02/17/2023 $444,074.63 3. Approve Warrant 2022 22DEC6 $613,225.53 4. Approve Warrant 2022 MWDEC8 $1,859.43 5. Approve Warrant 2023 23FEB2 $324,133.38 6. Approve Budget Transfers – Regular 7. Approve Budget Amendments – Regular MAYOR’S DEPARTMENT 1. Discussion: Changes for Future City Council Meetings 2. Discussion: Mission Statement for Mayor’s Task Force on Homelessness 3. Discussion and Vote: Accept $500 Donation to Cover Application Fee for Restore NY Grant Application 4. Discussion and Vote: Authorization for Mayor to Sign Change Order 1564-CO2 to ADK Security 5. Discussion and Vote: Authorization for Mayor to Sign MOA with City of Saratoga Springs Firefighters Union Local 3431AFF, AFL-CIO 6. Discussion and Vote: Authorization to Pay All Outstanding 2022 Invoices for Counsel Fees for Prior Elected Officials 7. Discussion and Vote: Resolution Approving Additional Counsel Fees for Prior Elected Officials 8. Discussion and Vote: Approval to Have a 2022 Funded PO for Miller, Mannix, Schachner & Hafner, LLC Issued in 2023 in the Amount of $20,000 and to Have the Remainder of the Contract Sun $60,000 be Issued Using 2023 Funds in a 2023 PO and to Pay All Outstanding Invoices Incurred to Date of the POs Being Issued From the POs That are to be Issued with Council Approval City Council Meeting 2/21/2023 9. Discussion and Vote: Approval to Have a 2022 Funded PO for Kirby Aisner & Curley, LLP in the Amount of $865.35 Issued in 2023 and to Pay All Outstanding Invoices Incurred to Date of the PO Being Issued from the PO That is to be Issued with Council Approval 10. Discussion and Vote: Approval to Have a 2022 Funded PO for E Stewart Jones Hacker Murphy Issued in 2023 and to Pay All Outstanding Invoices Incurred to Date of the PO Being Issued from the PO That is to be Issued with Council Approval 11. Discussion and Vote: Authorization for the mayor to sign a Contract with Kompan, Inc. for the Veterans Memorial Park Playground 12. Discussion and Vote: Authorization for the Mayor to Sign the Co-Sponsor Pickleball Workshop Agreement with Kenneth Hendersen 13. Announcement: Re-Appointment of Ann Bullock to Saratoga Springs Housing Authority Board of Commissioners ACCOUNTS DEPARTMENT 1. Discussion and Vote: Authorization to Pay Invoice #19406 to M&M Digital Printing for Mandated Printing of Post Cards 2. Discussion and Vote: Authorization to Approve Settlement of Article 7 Case 3. Discussion and Vote: Authorization to Pay Invoice to Saratoga County Chamber of Commerce for Firs Night Fest 2022 4. Announcement: Business Milestones 5. Announcement: Special Events FINANCE DEPARTMENT 1. Announcement: Update: City Finances 2. Announcement: Update: Participatory Budgeting 3. Authorization for Mayor to Sign Contract with BPI Mechanical in the Amount of $17,772.11 4. Authorization for Mayor to Sign Master Facilities Agreement with Crown Castle 5. Discussion and Vote: Approval for Finance to Submit Balance Forward Amounts on National Grid Bills from 2022 Funds Without Original Receipts 6. Discussion and Vote: Approve Budget Transfers Payroll PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Contract with Joe Johnson Equipment USA, Inc. for Sole Source Parts and Services for Elgin & Vactor Equipment 2. Discussion and Vote: Authorization for Mayor to Sign Contract with Alpha Analytical for water Testing and Analysis 3. Discussion and Vote: Authorization for the Mayor to Sign Addendum #2 with Designated Engineers (Override Departmental Approvals) 4. Discussion and Vote: Sick Bank Request 5. Appointment: Climate Smart Task Force 6. Set Public Hearing: 2024 Water and Sewer Rates PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Authorization to Issue a Purchase Requisition to Vander Molen in the Amount of $15,357.47 Using 2022 Funds 2. Discussion and Vote: Authorization for the Mayor to Sign an Agreement with the Wilton Fire District (Override Department Approvals) 3. Discussion and Vote: Creation of a New Part Time Position of Fire Instructor / Coordinator 4. Discussion and Vote: Authorization to Pay Jan 2023 Invoice to Multi-Med in the Amount of $8,601.99 5. Discussion and Vote: Authorization for the Mayor to Sign a Contract with Genesee Valley Ford Avon Page 2 of 16 City Council Meeting 2/21/2023 SUPERVISORS Matt Veitch 1. National Association of Counties Conference Report Tara Gaston 1. Public Health Update 2. NACo / NYSAC ADJOURN Page 3 of 16 City Council Meeting 2/21/2023 February 21, 2023 CITY OF SARATOGA SPRINGS City Council Meeting 474 Broadway Saratoga Springs, New York 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 STAFF PRESENT: Heather Crocker, Deputy Commissioner of Finance Stacy Connors, Deputy Commissioner, Accounts Joe O’Neill, Deputy Commissioner of Public Works EXCUSED: Angela Rella, Deputy Mayor Jason Tetu, Deputy Commissioner, Department of Public Safety Matthew Veitch, Supervisor Tara Gaston, Supervisor 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. CALL TO ORDER Mayor Kim called the meeting to order at 6:58 p.m. PUBLIC COMMENT Mayor Kim advised there are new rules to public comment. People have 2 minutes to use or lose it. He asked all to be kind; we are a community. He also asked the speakers to be factual. The Council members may respond if they choose. He will also be starting a question period at the end of the City Council meeting. The public must register to present their questions. Mayor Kim opened the public comment period at 6:59 p.m. Rose Tate of Saratoga Springs stated she attended the workshop meeting about Union Avenue and Lincoln Avenue. Lincoln Avenue is suffering collateral damage due to the Union Avenue project. She was told that the workshop was on Union Avenue only and the people there didn’t want to hear anything regarding Page 4 of 16 City Council Meeting 2/21/2023 Lincoln Avenue. The traffic study information was wrong as Labor Day was used in the study. By that time, the races are over and people have left. The subject of bikers came up and bikers are also motorcyclists. The facilitator of the workshop made it clear that motorcycles would be welcome. The man running the meeting went table to table to obtain comments, but when he approached her table he stated he was closing the meeting. If the Commissioner of Finance wasn’t there, she wouldn’t have been able to say anything. Chris Mathiesen of Saratoga Springs submitted a response to the Council (attached) of Commissioner Montagnino’s report on Darryl Mount. He thanked Commissioner Montagnino for defending the police during the last City Council meeting. The police are well trained. Lieutenant Jillson retired last week after 33 years with the department. He was well experienced, did well for the department, and wished him the best. Tracy Krosky of Halfmoon stated speaking here is high anxiety for her. She feels if she can find the right words, the Council will see the humanity of the Saratoga Black Lives Matters organizers. She loses hope with each meeting she attends that the Council will see them as anything other than people that need to be dismissed because they make the Council feel uncomfortable. The statements made by Commissioner Montagnino at the last meeting were outright racist saying the Saratoga Springs Police Department are not like the ‘thugs’ that killed Tyrne Nichols. Mayor Kim moved at the speed of light to make sure hateful parents of Spa Catholic felt heard. The superintendent of the Albany Catholic Diocese made himself look like a hearo because he was brave enough to speak in front of black people who support the unhoused. It is shameful that the Council still feels Darryl Mounts injuries are not consistent with a beating. Jaime McCallion of Saratoga Springs stated it was said at the last meeting the Saratoga Spring Police are trained with de-escalation tactics and know how to handle peaceful protesters. If that is correct, why in the summer of 2020, when a group of high school students formed a peaceful protest, SWAT teams were positions around Saratoga for the protest. Adrian Antolini of Saratoga Springs stated it is baffling to see the more people talk and when it gets a little louder, the cop walks in the room. When people are involved, things escalate as people emotions are heightened. It doesn’t create a sense of safety but a sense of threat. If you are standing for the housed, black lives, or homeless you are standing for the root cause. Paul of Zephyr Lane Saratoga Springs stated the community relies on truth and called this a democracy. This is not a democracy; this is a republic. Along with defunding the police, EMTs and firemen should be defunded. Alexis Brown of Saratoga Springs stated her boyfriend stated he was scared when he realized the police were following them. He is unable to speak about that night. Alexis wonders what would have happened if she hadn’t told him to keep driving and get to her mother’s house and if they had pulled over instead. Is terrorizing a young black man to the point he has a panic attack a part of Saratoga Springs Police Department’s implicit bias training? If training was completed as claimed, why did this happen? Elz Figuereo of Saratoga Springs and Saratoga Black Lives Matter asked why we are in a small room when the Council knows there will be a lot of people coming to speak. It is trauma bringing everyone back in this room. Commissioner Montagnino likes to say there is a lot of training and would like to see data on training including money in the budget for training. They believe in their First Amendment Right to be able to speak. When Catholics speak, it matters to the City Council. The City Council gaslights them. Mayor Kim tried to close the public comment period. Samira Sangare of Clifton Park stated what needs to be done is stop saying stuff..……. Mayor Kim attempted to close the public comment period at 7:22 p.m. Page 5 of 16 City Council Meeting 2/21/2023 Mayor Kim moved and Commissioner Montagnino seconded to recess at 7:22 p.m. Ayes – 4 (Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, and Mayor Kim) Nay – 0 Abstentions – 1 (Commissioner Moran) **Mayor Kim called the meeting back to order at 7:26 p.m. PRESENTATION West Avenue Special Assessment District: 2022 Annual Report Matt Jones submitted a copy of the 2022 annual report of the West Avenue Special Assessment District to the Council. The City Council had no questions for Matt. (copy of report attached) EXECUTIVE SESSION Commissioner Moran moved and Commissioner Golub seconded to go into executive session to discuss an Article 7 case at 7:29 p.m. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Council returned at 7:36 p.m. Mayor Kim advised an item is on Commissioner Moran’s agenda as a result of the executive session. CONSENT AGENDA Mayor Montagnino moved and Commissioner Golub seconded to approve the consent agenda as follows: 1. Approve Payroll 02/10/2023 $443,807.67 2. Approve Payroll 02/17/2023 $444,074.63 3. Approve Warrant 2022 22DEC6 $613,225.53 4. Approve Warrant 2022 MWDEC8 $1,859.43 5. Approve Warrant 2023 23FEB2 $324,133.38 6. Approve Budget Transfers – Regular 7. Approve Budget Amendments – Regular Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 MAYOR’S DEPARTMENT Discussion: Changes for Future City Council Meetings Mayor Kim advised his office is proposing the following: Page 6 of 16 City Council Meeting 2/21/2023  Meetings will start at 5 p.m.  The meeting will run in the following order: o Presentations o Executive session o Each of the departments’ agendas  Any agenda item a member of the Council believes there should be subject to public comment; the member can request the vote can be delayed until that occurs. o Agenda of each supervisor o Public hearings (if any) with each person having four minutes to speak  If a public hearing is closed after the public hearing, the item will be voted on at the next City Council meeting o Public comment with each person having four minutes to speak The mayor will add at the end of at least one City Council meeting per month a community forum. This forum will focus on a specific topic selected jointly at least five days in advance of the meeting. The community forum will be from 30 – 60 minutes of an open discussion. All supervisors and members of the Council will be invited to attend but are not required to attend. This proposal will take effect at the next City Council meeting of March 7, 2023. Mayor Kim also mentioned there are procedures for video conferencing required by the governor. Extraordinary circumstance and sickness are reasons for holding a video conference. Currently the City’s technology does not allow for this and notice has to be provided to the public. Discussion: Mission Statement for Mayor’s Task Force on Homelessness Mayor Kim advised he has asked the task force to recommend to the City Council a suitable location and agency provide a 24/7/365 homeless shelter on or before t by July 6, 2023. The first meeting of the task force will be held Thursday, March 2, 2023 at 6 p.m. in the Music Hall. Discussion and Vote: Accept $500 Donation to Cover Application Fee for Restore NY Grant Application (23-088) Mayor Kim advised the $500 donation is to cover the application fee of the Restore New York Grant. Mayor Kim moved and Commissioner Sanghvi seconded to accept a $500 donation from Putnam Resources for the Restore NY Grant application. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Discussion and Vote: Authorization for Mayor to Sign Change Order 1564-CO2 to ADK Security (23-089) Mayor Kim moved and Commissioner Montagnino seconded to authorize the mayor to sign change order 1564-CO2 for Adirondack Security $5728.18 for equipment replacement. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Discussion and Vote: Authorization for Mayor to Sign MOA with City of Saratoga Springs Firefighters Union Local 3431AFF, AFL-CIO (23-090) Mayor Kim moved and Commissioner Montagnino seconded to authorize the mayor to sign the MOA with the City of Saratoga Springs Firefighters Union Local 3431Aff, AFL-CIO. Page 7 of 16 City Council Meeting 2/21/2023 Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Discussion and Vote: Authorization to Pay All Outstanding 2022 Invoices for Counsel Fees for Prior Elected Officials (23-091) Mayor Kim advised item is for the outstanding invoices for prior officials. Mayor Kim moved and Commissioner Moran seconded to authorize payment of 2022 invoices for counsel fees in the amount of $20,527.50 to Lippes Mathias for legal representation of former Mayor Meg Kelly in connection with the New York State Attorney General subpoena for information and authorize mayor to pay 2022 invoices for counsel fees in the total amount of $15,755 to O’Connell and Aronowitz for legal representation of former Commissioner of Public Safety Robin Dalton in connection with the New York State Attorney General subpoena for information. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Discussion and Vote: Resolution Approving Additional Counsel Fees for Prior Elected Officials (23-092) Mayor Kim moved and Commissioner Moran seconded to approve the resolution on additional counsel fees for former Mayor Meg Kelly and former Commissioner Robin Dalton as attached to the agenda. The resolution is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NY Public Officers Law Section 18 Saratoga Springs City Code Chapter 9 BE IT RESOLVED by the City Council of the City of Saratoga Springs, New York, as follows: WHEREAS, in 1987 the City Council enacted an Article in the City Code that provides for a defense and indemnification of city officers and employees in any state or federal legal action arising out of any alleged act or omission which occurred or allegedly occurred in the scope of official duty or public employment, and WHEREAS, Section 18 of the New York State Public Officers Law contains provisions that apply to public entities who have agreed by the adoption of local law, bylaw, rule or regulation, to confer benefits of defense and indemnification upon its officers and employees, and WHEREAS, two former members of this Council, Meg Kelly and Robin Dalton, have been served with subpoenas by the New York Attorney General to provide documents and information, including testimony, as part of that office’s investigation into events that occurred in the City of Saratoga Springs during the two former members’ terms of public service, and the two former members have requested representation by private counsel of their separate choice, and said counsel having submitted to the City Council and the City Attorney estimates of legal expenses and costs for providing advice and representation to the two former members, and WHEREAS, on September 6, 2022 this Council resolved to provide to Meg Kelly and Robin Dalton private attorneys’ fees in initial amounts of not more than Ten Thousand Dollars ($10,000), as well as expenses in initial amounts of Three Thousand Dollars ($3,000) for each of the afore named former Council members, for legal advice and representation in responding to the subpoenas served upon them by the Attorney General’s Office, and further resolved that the private attorneys representing the two former Council members shall submit detailed statements of hours worked, services rendered, and amounts billed, and specified that, in accordance with Section 18 (3)(b) of the Public Officers Law, the two former Council members may request additional reasonable legal fees or expenses from time to time during the pendency of the subpoena response, and that the Council shall review such requests and if found reasonable shall provide such additional fees and expenses by further resolution; and WHEREAS, since the September 6, 2022 resolution attorneys for both Meg Kelly and Robin Dalton have submitted bills for additional legal services and expenses that exceed the amounts previously authorized by this Council WHEREAS, this Council desires to continue to provide the two former council members with defense and indemnification as required by City Code Chapter 9 and by Public Officers Law Section 18, and to pay for reasonable attorneys’ fees and expenses in the manner indicated in Section 18, NOW, THEREFORE, BE IT RESOLVED as follows: 1. This Council hereby authorizes providing to former Council members Meg Kelly and Robin Dalton private attorneys’ fees in the additional amounts of not more than Ten Thousand Dollars ($10,000), for each of the afore named former Council members, for legal advice and representation in responding to the subpoenas served upon them by the Attorney General’s Office, said amounts are hereby authorized in addition to the amounts previously authorized by resolution of this Council on September 6, 2022. Page 8 of 16 City Council Meeting 2/21/2023 2. This Council hereby authorizes payment of all invoices up to the amounts set forth in this and the September 6, 2022 resolution. 3. The private attorneys representing the two former Council members shall continue to submit detailed statements of hours worked, services rendered, and amounts billed. 4. In accordance with Section 18 (3)(b) of the Public Officers Law, the two former Council members may continue to request additional reasonable legal fees or expenses from time to time during the pendency of the subpoena response. The Council shall review such requests and if found reasonable shall provide such additional fees and expenses by further resolution. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Discussion and Vote: Approval to Have a 2022 Funded PO for Miller Mannix Schachner & Hafner, LLC Issued in 2023 in the Amount of $20,000 and to Have the Remainder of the Contract Sum $60,000 be Issued Using 2023 Funds in a 2023 PO and to Pay All Outstanding Invoices Incurred to Date of the POs Being Issued From the POs That are to be Issued with Council Approval (23-093) Mayor Kim moved and Commissioner Sanghvi seconded to approve a 2022 funded purchase order for Miller, Mannix, Schachner, and Hafner, LLC issued in 2023 in amount of $20,000 and have the remainder of contract in the sum of $60,000 issued using 2023 funds in a 2023 purchase order to pay all outstanding invoices from Miller, Mannix, Schachner, and Hafner incurred before those purchase orders are issued. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Discussion and Vote: Approval to Have a 2022 Funded PO for Kirby Aisner & Curley, LLP in the Amount of $865.35 Issued in 2023 and to Pay All Outstanding Invoices Incurred to Date of the PO Being Issued from the PO That is to be Issued with Council Approval (23-094) Mayor Kim moved and Commissioner Sanghvi approve a 2022 funded purchase order for Kirby Aisner & Curley, LLP in the amount of $865.35 issued in 2023 and further move to approve and pay all outstanding invoices for Kirby, Aisner & Curley, LLP incurred before these purchase orders were issued. Mayor Kim advised this is the bankruptcy counsel the City had to retain regarding Beaver Pond. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Discussion and Vote: Approval to Have a 2022 Funded PO for E Stewart Jones Hacker Murphy Issued in 2023 and to Pay All Outstanding Invoices Incurred to Date of the PO Being Issued from the PO That is to be Issued with Council Approval (23-095) Mayor Kim moved and Commissioner Montagnino seconded to approve a 2022 funded purchase order for E. Stewart Jones, Hacker, Murphy issued in 2023 in the amount of $5,057.50 issued in 2023 and further move to approve and pay all outstanding invoices incurred before these purchase orders are issued. Mayor Kim advised this is the fee for the opposition to the Saratoga district attorney motion to impose a gag order on the mayor and Commissioner Montagnino. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Page 9 of 16 City Council Meeting 2/21/2023 Discussion and Vote: Authorization for the mayor to sign a Contract with Kompan, Inc. for the Veterans Memorial Park Playground (23-096) Mayor Kim moved and Commissioner Sanghvi seconded to authorize the mayor to sign a contract with Kompan, Inc. for design, purchase, and installation of playground equipment at Veterans Memorial Park Playground in the amount of $869,918.11. Commissioner Moran asked if this contract was put out for bid. Mayor Kim advised this contract was done as a piggyback. Commissioner Moran asked for Commissioner Golub and Mayor Kim meet with some people who have handicapped children to hear their concerns. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Discussion and Vote: Authorization for the Mayor to Sign the Co-Sponsor Pickleball Workshop Agreement with Kenneth Hendersen (23-097) Mayor Kim moved and Commissioner Sanghvi seconded to authorize the mayor to sign the co- sponsor pickleball workshop agreement with Kenneth Hendersen. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Announcement: Re-Appointment of Ann Bullock to Saratoga Springs Housing Authority Board of Commissioners Mayor Kim announced the re-appointment of Ann Bullock to the Saratoga Springs Housing Authority Board of Commissioners. Ann’s term will run for five years. ACCOUNTS DEPARTMENT Discussion and Vote: Authorization to Pay Invoice #19406 to M&M Digital Printing for Mandated Printing of Post Cards (23-098) Commissioner Moran advised the Assessment Office was notified of a New York State mandate on January 26, 2023 that municipalities were to inform residents no later than February 1, 2023, via post card, of a possible discount; if the resident / homeowner is 65 years of age or older. The Assessment Office quickly moved into action and had the post cards printed and mailed to over 8,900 residents of the City. Due to timing, a purchase requisition was not able to be obtained; therefore, I am brining the invoice to Council for approval to pay. Finance has approved the required certificate of funds. Commissioner Moran moved and Commissioner Montagnino seconded to approve the payment of invoice #19406. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Commissioner Moran restated his motion as follows: Page 10 of 16 City Council Meeting 2/21/2023 Commissioner Moran moved and Sanghvi seconded to approve payment of invoice #19406 to M&M Digital Printing in the amount of $6,244.27. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Discussion and Vote: Authorization to Approve Settlement of Article 7 Case (23-099) Commissioner Moran advised this settlement was discussed earlier this evening in the executive session. Commissioner Moran moved and Commissioner Montagnino seconded for the City Council to settle the Article 7 case for parcel #153.-1-21.2 for the years 2019, 2021, 2022, 2023, and 2024 as follows: Parcel # Original Negotiated Reduction Refund Amount 153.-1-21.2 Assessment Assessed Amount Value 2019 $8,864,000 Withdrawn N/A N/A 2021 $8,864,000 Withdrawn N/A N/A 2022 $8,864,000 $7,992,131 $871,869 $5,556.16 2023 to be determined to be determined Nothing paid yet 2024 to be determined to be determined Nothing paid yet The grand total refunds for this parcel listed is $5,556.16. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Discussion and Vote: Authorization to Pay Invoice to Saratoga County Chamber of Commerce for First Night Fest 2022 (23-100) Commissioner Moran advised each of the organizers agreed to pay $5,000 to get the process going. Commissioner Moran moved and Commissioner Sangvhi seconded to approve payment of invoice Saratoga County Chamber of Commerce in the amount of $5,000 for New Year’s Eve Fest. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Announcement: Business Milestones Commissioner Moran pulled this item from his agenda. Announcement: Special Events Commissioner Moran advised of the following upcoming events:  Saturday, April 29, 2023 - Tree Toga - Sustainable Saratoga's annual tree planting event  Saturday, April 29, 2023 - H.O.P.E. (Homes for Orphaned Pets Exist) Spring Walk for the Animals - fundraising walk for animal rescue organization  Wednesday, February 22, 2023 is the next short term rental workshop at the City Center at 6 p.m. Page 11 of 16 City Council Meeting 2/21/2023 FINANCE DEPARTMENT Announcement: Update: City Finances Commissioner Sanghvi advised the final sales tax number for 2022 is $16.9 million; a 13.12% increase in sales tax from 2021. Mortgage tax sees the most fluctuation with 2022 mortgage tax being $804,988. Capital projects funded through bonds total $10,609,365.47. Bonds will be sold on June 8, 2023. Announcement: Update: Participatory Budgeting Commissioner Sanghvi advised the City’s Recreation Department is currently offering curling and arts programming. Cycle two will launch March 1, 2023 and proposals will be accepted until May 1, 2023. Authorization for Mayor to Sign Contract with BPI Mechanical in the Amount of $17,772.11 (23-101) Commissioner Sanghvi advised earlier this month a problem was discovered with the HVAC system that cools the servers. Commissioner Sanghvi moved and Commissioner Montagnino seconded to sign the contract with BPI Mechanical in the amount of $17,772.11. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Authorization for Mayor to Sign Master Facilities Agreement with Crown Castle (23-102) Commissioner Sanghvi advised the City has updated the agreement to include Weibel Avenue Ice Rink and the third fire station. Commissioner Sanghvi moved and Commissioner Montagnino seconded to authorize the mayor to sign the master facilities agreement with Crown Castle. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Discussion and Vote: Approval for Finance to Submit Balance Forward Amounts on National Grid Bills from 2022 Funds Without Original Receipts (23-103) Commissioner Sanghvi advised balances on National Grid bills date back seven years. The Finance Department reviewed all the credits and balances where balances have been carried forward over many billing cycles. The City is looking to complete the corrections so the billing issues can be resolved. Transactions total $13,634.82 and cover 40 National Grid accounts. Commissioner Sanghvi moved and Commissioner Montagnino seconded to approve the submission of balance forward amounts on National Grid bills from 2022 funds without original receipts. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Discussion and Vote: Approve Budget Transfers Payroll (23-104) Page 12 of 16 City Council Meeting 2/21/2023 Commissioner Sanghvi advised lines 1-3 is for the Accounts Department to cover New York State mandate mailing and lines 4 – 7 are for the SARA grant. Commissioner Sanghvi moved and Commissioner Moran seconded to approve budget transfers – payroll. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 PUBLIC WORKS DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Contract with Joe Johnson Equipment USA, Inc. for Sole Source Parts and Services for Elgin & Vactor Equipment (23-105) Commissioner Golub advised this is for parts and services to maintain the City’s street sweepers and the vacuum truck. Commissioner Golub moved and Commissioner Montagnino seconded to authorize the mayor to sign a contract with Joe Johnson Equipment USA for sole source parts and services for Elgin & Vactor equipment valid until 12/31/2023 in the amount not to exceed unit bid prices. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Discussion and Vote: Authorization for Mayor to Sign Contract with Alpha Analytical for Water Testing and Analysis (23-106) Commissioner Golub advised this is the fifth sampling the City has been required to do over the past 25 years looking for various unregulated contaminants per the EPA. Commissioner Golub moved and Commissioner Sanghvi seconded to authorize the mayor to sign a contract with Alpha Analytical for UCMR 5 lab testing valid until 12/31/2023 in the amount of $7,025.50. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Discussion and Vote: Authorization for the Mayor to Sign Addendum #2 with Designated Engineers (Override Departmental Approvals) (23-107) Commissioner Golub advised this is supplemental to the January 21, 2022 agreement. Addendum #2 is not to exceed $19,999. This addendum modifies the terms to be extended to June 30, 2023. Commissioner Golub moved and Commissioner Moran seconded to authorize the mayor to sign addendum #2 with the designated engineering firms Creighton Manning Engineering, the LA Group, and MJ Engineering Associates to extend the terms of services for City designated engineering services valid until June 30, 2023. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Page 13 of 16 City Council Meeting 2/21/2023 Discussion and Vote: Sick Bank Request (23-108) Commissioner Golub advised employee #3003 requested 65 hours from the sick bank. The CSEA DPW unit has approved this request. Commissioner Golub moved and Commissioner Moran seconded to approve the request for 65 hours sick from the DPW CSEA sick bank for employee #3003. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Appointment: Climate Smart Task Force Commissioner Golub appointed Brooke VanBuskirk to the Climate Smart Task Force. Set Public Hearing: 2024 Water and Sewer Rates Commissioner Golub set a public hearing for Tuesday, March 7, 2023. Commissioner Golub moved and Commissioner Moran seconded to add an item to the agenda to update to non-union and executives employees resolutions. (23-109) Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Discussion and Vote: Update to the Non-Union Full Time and Executive Employees Resolutions (23-110) Commissioner Golub advised there is a typo in both resolutions. Employees in both resolutions are allowed 15 working days of vacation. The error is on page 2, Section G – the last sentence references 10 days instead of 15. Commissioner Golub moved and Commissioner Moran seconded to approve and adopt the resolution for non-union full time executive employees and the resolution for non-union full time employees. Ayes – 4 Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino) Nays – 0 Abstention – 1 (Mayor Kim) PUBLIC SAFETY DEPARTMENT Discussion and Vote: Authorization to Issue a Purchase Requisition to Vander Molen in the Amount of $15,357.47 Using 2022 Funds (23-111) Commissioner Montagnino advised one of the Fire Department engines has undergone extensive service since November 2022. Commissioner Montagnino moved and Commissioner Sanghvi seconded to authorize the issuance of a purchase requisition to Vander Molen in the amount of $15,357.47 using 2022 funds. Page 14 of 16 City Council Meeting 2/21/2023 Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Discussion and Vote: Authorization for the Mayor to Sign an Agreement with the Wilton Fire District (Override Department Approvals) (23-112) Commissioner Montagnino advised this is for the use of the facility for the firefighter recruit school hosted by the City from March through July 2023. The cost is $2,500.00. Commissioner Montagnino moved and Commissioner Golub seconded to authorize the mayor to sign an agreement with the Wilton Fire District. Commissioner Moran asked what approvals are outstanding. Commissioner Sanghvi stated it appears legal and risk and safety have not yet approved. Commissioner Montagnino stated his understanding is the outstanding approvals deal with other fire departments that would be sending students to the City’s training facility and risk and safety believes those departments need to be insured on their own. Tony Izzo, city attorney, advised that is correct. He thought he approved it. Commissioner Montagnino confirmed the agreement could be signed, but the invitation to other departments can’t happen. Tony Izzo stated that is correct. Insurance documents are needed to close the loop on that. Commissioner Montagnino stated if the documents aren’t received, that limits participants from other departments from attending. Commissioner Moran stated so the insurance needs to be provided up front before another department can participate. Mayor Kim suggested a friendly amendment and Commissioner Moran seconded that proper insurance is required of participants to participate. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Discussion and Vote: Creation of a New Part Time Position of Fire Instructor / Coordinator (23-113) Commissioner Montagnino advised this position will be 24 hours weekly for the duration of the fire academy at a rate of $35 per hour for a total cost estimated between $13,125 and $14,000. The job description has been approved by Civil Service. Commissioner Montagnino moved and Mayor Kim seconded to create a new part time position of fire instructor/coordinator. Commissioner Montagnino advised funds in the training line will be transferred to this position. This academy is ad-hoc. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Page 15 of 16 City Council Meeting 2/21/2023 Discussion and Vote: Authorization to Pay Jan 2023 Invoice to Multi-Med in the Amount of $8,601.99 (23- 114) Commissioner Montagnino advised his department uses this company to bill for ambulance transports. Commissioner Montagnino moved and Mayor Kim seconded to authorize payment of January 2023 invoice to Multi-Med in the amount of $8,601.99. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Discussion and Vote: Authorization for the Mayor to Sign a Contract with Genesee Valley Ford Avon (23- 115) Commissioner Montagnino advised this contract is for the purchase of three interceptors for Police Department. Commissioner Montagnino moved and Commissioner Sanghvi seconded to authorize the mayor to sign a contract with Genesee Valley Ford Avon. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 ADJOURNMENT Commissioner Montagnino moved and Commissioner Golub seconded to adjourn the meeting at 8:40 p.m. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, Mayor Kim) Nays – 0 Respectfully submitted, Lisa Ribis Secretary to the City Council Approved: 4/4/2023 Vote: 5 - 0 Page 16 of 16

Agenda

CLOSE CITY OF SARATOGA SPRINGS City Council Meeting February 21, 2023 Music Hall, Third Floor Print 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S): 1. West Avenue Special Assessment District: 2022 Annual Report EXECUTIVE SESSION: 1. Discussion: Settlement of Article 7 Case CONSENT AGENDA 1. Approve Payroll 02/10/23 $443,807.67 2. Approve Payroll 02/17/23 $444,074.63 3. Approve Warrant 2022 22DEC6 $613,225.53 4. Approve Warrant 2022 MWDEC8 $1859.43 5. Approve Warrant 2023 23FEB2 $324,133.38 6. Approve Budget Transfers - Regular 7. Approve Budget Amendments - Regular MAYOR’S DEPARTMENT 1. Discussion: Changes for Future City Council Meetings 2. Discussion: Mission Statement for Mayor's Task Force on Homelessness 3. Discussion and Vote: Accept $500 Donation to Cover Application Fee for Restore NY Grant Application 4. Discussion and Vote: Authorization for Mayor to Sign Change Order 1564-CO2 to ADK Security 5. Discussion and Vote: Authorization for Mayor to Sign MOA with City of Saratoga Springs Firefighters Union Local 3431AFF, AFL-CIO 6. Discussion and Vote: Authorization to Pay All Outstanding 2022 Invoices for Counsel Fees for Prior Elected Officials 7. Discussion and Vote: Resolution Approving Additional Counsel Fees for Prior Elected Officials 8. Discussion and Vote: Approval to have a 2022 funded PO for Miller Mannix Schachner & Hafner, LLC issued in 2023 in the amount of $20,000, and to have the remainder of the contract sum, $60,000, be issued using 2023 funds in a 2023 PO, and to pay all outstanding invoices incurred to date of the POs being issued from the POs that are to be issued with Council approval 9. Discussion and Vote: Approval to have a 2022 funded PO for Kirby Aisner & Curley, LLP in the amount of $865.35 issued in 2023 and to pay all outstanding invoices incurred to date of the PO being issued from the PO that is to be issued with Council approval 10. Discussion and Vote: Approval to Have a 2022 funded PO for E Stewart Jones Hacker Murphy issued in 2023 and to pay all outstanding invoices incurred to date of the PO being issued from the PO that is to be issued with Council approval 11. Discussion and Vote: Authorization for the Mayor to sign a Contract with Kompan, Inc for the Veterans Memorial Park Playground 12. Discussion and Vote: Authorization for the Mayor to Sign the Co-Sponsor Pickleball Workshop Agreement with Kenneth Henderson 13. Announcement: Re-Appointment of Ann Bullock to Saratoga Springs Housing Authority Board of Commissioners ACCOUNTS DEPARTMENT 1. Discussion and Vote: Authorization to Pay Invoice #19406 to M&M Digital Printing for Mandated Printing of Post Cards 2. Discussion and Vote: Authorization to Approve Settlement of Article 7 Case 3. Discussion and Vote: Authorization to Pay Invoice to Saratoga County Chamber of Commerce for First Night Fest 2022 4. Announcement: Business Milestones 5. Announcement: Special Events FINANCE DEPARTMENT 1. Announcement: Update: City Finances 2. Announcement: Update: Participatory Budgeting 3. Authorization for Mayor to Sign Contract with BPI Mechanical in the amount of $17,772.11 4. Authorization for Mayor to Sign Master Facilities Agreement with Crown Castle 5. Discussion and Vote: Approval for Finance to Submit Balance Forward Amounts on National Grid Bills from 2022 Funds without original receipts 6. Discussion and Vote: Approve Budget Transfers Payroll PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Contract with Joe Johnson Equipment USA, INC. for Sole Source Parts and Services for Elgin & Vactor Equipment 2. Discussion and Vote: Authorization for Mayor to Sign Contract with Alpha Analytical for Water Testing and Analysis 3. Discussion and Vote: Authorization for the Mayor to Sign Addendum #2 with Designated Engineers (Override Departmental Approvals) 4. Discussion and Vote: Sick Bank Request 5. Appointment: Climate Smart Task Force 6. Set Public Hearing: 2024 Water and Sewer Rates PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Authorization to issue a purchase requisition to Vander Molen in the amount of $15,357.47 using 2022 funds 2. Discussion and Vote: Authorization for the Mayor to sign an agreement with the Wilton Fire District (Override Department Approvals) 3. Discussion and Vote: Creation of a new part time position of Fire Instructor / Coordinator 4. Discussion and Vote: Authorization to pay Jan 2023 invoice to Mulit-Med in the amount of $8,601.99 5. Discussion and Vote: Authorization for the Mayor to sign a contract with Genessee Valley Ford Avon SUPERVISORS 1. Matt Veitch 1. National Association of Counties Conference report 2. Tara Gaston 1. Public Health Update 2. NACo / NYSAC ADJOURN

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