City Council

March 17, 2023 CITY OF SARATOGA SPRINGS City Council Pre-Agenda Meeting 474 Broadway 10:00 AM PRESENT: Ron Kim, Mayor Minita Sanghvi, Commissioner of Finance Dillon Moran, Commissioner of Accounts Jason Golub, Commissioner of Public Works Jim Montagnino, Commissioner of Public Safety STAFF PRESENT: Angela Rella, Deputy Mayor Heather Crocker, Deputy Commissioner of Finance Stacy Connors, Deputy Commissioner of Accounts Joe O’Neill, Deputy Commissioner of Public Works EXCUSED: Jason Tetu, Deputy Commissioner of Public Safety Matthew Veitch, Supervisor Tara Gaston, Supervisor CALL TO ORDER Mayor Kim called the meeting to order at 10:03 a.m. PUBLIC HEARINGS 1. Accept Alleys in Phase 1 of Oak Ridge Subdivision – No comments. 2. Amend Chapter 134 – Human Rights Protection – No comments. 3. Amendment to 2022 CDBG Annual Action Plan - No comments. 4. Independent Advisory Committee – Police Reform Task Force - No comments. 5. Local Law No. 1 of 2023 – UDO No. 1 - No comments. 6. Local Law No. 2 of 2023 – UDO No. 2 - No comments. 7. Local Law No. 3 of 2023 – UDO No. 3 - No comments. 8. Local Law No. 4 of 2023 – UDO No. 4 - No comments. 9. Start Time of Regular City Council Meetings - No comments. 10. 2023 CDBG Annual Plan Recommendations - No comments. PRESENSTATON(S) 1. Mayor’s Non-Profit Grant Presentation – Mayor Kim advised Pitney Meadows will present and recommend that they be awarded the grant. 2. Intelligent Transportation System (ITS) Master Plan for the City of Saratoga Springs – Commissioner Montagnino advised this is the master plan with the New York State Department of Transportation that will sequence traffic lights. Commissioner Montagnino asked to add one more presentation by Hueber Bruer regarding the status of Station 3. Commissioner Sanghvi requested a hard limit of 10 minutes per presentation. City Council Pre-Agenda Meeting March 17, 2023 Mayor Kim advised that has been tried but it is tough to keep to 10 minutes. CONSENT AGENDA 1. Approval of 10/14/2022 Budget Workshop Minutes 2. Approval of 10/17/2022 Budget Workshop Minutes 3. Approval of 10/17/2022 Pre-Agenda Minutes 4. Approval of 10/18/2022 City Council Meeting Minutes 5. Approval of 10/19/2022 Budget Workshop Minutes 6. Approval of 10/26/2022 Budget Workshop Minutes 7. Approval of 10/28/2022 Budget Workshop Minutes 8. Approval of 10/31/2022 Pre-Agenda Meeting Minutes 9. Approval of 11/1/2022 City Council Meeting Minutes 10. Approval of 11/14/2022 Pre-Agenda Meeting Minutes 11. Approval of 11/15/2022 City Council Meeting Minutes 12. Approval of 11/2/2022 Beaver Pond Workshop Minutes 13. Approve Payroll 03/17/2023 $506,360.85 14. Approve Payroll 03/10/2023 $740,117.98 15. Approve Warrant 2023, 23MAR (Pending) 16. Approve Mid-Warrant 2023 23MWMAR2 $5,413,415.78 17. Approve Budget Transfers - Regular 18. Approve Budget Transfers - Revenue Commissioner Moran advised the warrant is out for review and will be added. MAYOR’S DEPARTMENT Proclamation: City Center Anniversary Mayor Kim announced it is the 40th anniversary of the City Center. He may move this item before the presentations as some of the original members will be present. Discussion and Vote: Award of $150,000 Mayor’s Non-Profit Grant No comments. Discussion and Vote: Ordinance Amending Municipal Code to Add Chapter 134 “Human Rights Protection” – Article 1 “Protection of Reproductive Rights” Mayor Kim advised this will provide municipal protections. Discussion and Vote: Revocable License for Use of City of Saratoga Springs Ice Rinks (Ice Rink User Agreements) Templates No comments. Discussion and Vote: Authorization for Mayor to Sign Addendum with Kirby Aisner & Curley, LLP Mayor Kim stated this is for bankruptcy counsel due to Beaver Pond Development. Discussion and Vote: Authorization for Mayor to Sign Agreement with Saratoga Casino Holdings, LLC No comments. Discussion and Vote: Approval to Pay 2023 Invoices: Delta Development Page 2 of 7 City Council Pre-Agenda Meeting March 17, 2023 No comments. Announcement: Appointment of Assistant City Attorney Mayor Kim stated he will announce the appointment of Michael Phillips as assistant City attorney. Discussion and Vote: Resolution for Expenditure from the Insurance Reserve Fund No comments. Announcement: Local Law No. 1 of 2023 (UDO Amendment One) Mayor Kim stated this one and the next three items will be voted on at the next City Council meeting. Announcement: Local Law No. 2 of 2023 (UDO Amendment Two) No comments. Announcement: Local Law No. 3 of 2023 (UDO Amendment Three) No comments. Announcement: Local Law No. 4 of 2023 (UDO Amendment Four) No comments. Proclamation: Problem Gambling Awareness Month No comments. Announcement: Mayor’s Task Force on Homelessness Update No comments. Mayor Kim advised he is adding three items to his agenda and will circulate those items to the Council. ACCOUNTS DEPARTMENT Award of Bid: Buff Road Storm Pipe Reconstruction and Slope Repair to James H. Maloy, Inc. No comments. Discussion and Vote: Correction to Settlement of Article 7 Case for Parcel ID 165.52-1-78 Commissioner Moran advised this Article 7 settlement and the next were miscalculated so they are being brought back to the Council. Discussion and Vote: Correction to Settlement of Article 7 Case for Parcel ID 165.82-2-46 No comments. Announcement: Next Short Term Rental Workshop April 25, 2023 No comments. Page 3 of 7 City Council Pre-Agenda Meeting March 17, 2023 Announcement: Special Events No comments. Announcement: Business Milestones Commissioner Moran stated there are no milestones at this time. Commissioner Moran stated he will be adding an award of bid and authorization for mayor to sign a contract with Fort Miller for the decorative barriers for downtown. Commissioner Sanghvi asked if there is a specific focus at the next short term rental workshop. Commissioner Moran stated they will be reviewing and talking about legislation, practical needs, and how to put it all into action. They will be modeling it after what the state is doing. Mayor Kim stated he attended a Southwest Neighborhood Association meeting recently where they discussed this. One item mentioned was the tax revenue loss as it applies to hotels. Commissioner Sanghvi stated they need to figure out what works for Saratoga Springs taking into consideration the long-standing track rentals. FINANCE DEPARTMENT Announcement: Update on City Finances No comments. Discussion and Vote: IT Policy for Multifactor Authentication Administration No comments. Discussion and Vote: Multifactor Authentication Device Agreement No comments. Discussion and Vote: Budget Transfers – Payroll & Benefits No comments. Discussion and Vote: Budget Amendments – Fund Balance No comments. PUBLIC WORKS DEPARTMENT Discussion and Vote: Accept the Alleys in Phase One of the Oak Ridge Subdivision No comments. Discussion and Vote: Authorization for Mayor to Sign Extension of contract with Saratoga Historic Properties with for an Easement to Occupy a Space Page 4 of 7 City Council Pre-Agenda Meeting March 17, 2023 No comments. Discussion and Vote: Authorization for Mayor to Sign Contract with Pace Analytical for Laboratory Services No comments. Discussion and Vote: Authorization for Mayor to Sign Contract with James H. Maloy, Inc. for Buff Road Storm Pipe Reconstruction & Slope Repair No comments. Commissioner Golub advised he is adding four easements for Buff Road to the agenda. PUBLIC SAFETY DEPARTMENT Discussion and Vote: Proposed New Salary Schedule for Seasonal Summer Laborer Positions in Public Safety Commissioner Montagnino stated this is for stripping of roads. Discussion and Vote: Authorization to Pay Absolute Pest Control, Inc. Invoice for $171.90 No comments. Discussion and Vote: Authorization for the Mayor to Sign MOU’s with Glens Falls FD and Albany Airport FD for Training Commissioner Montagnino stated the City is running its own fire academy and other fire departments are sending people here to go through our academy. Set Public Hearing: Two Hour Parking on the East Side of South Franklin Street Between Congress Street and Washington Street No comments. Announcement: 2022 Department of Public Safety Annual Report No comments. Commissioner Montagnino stated he is adding two items to his agenda: 1. Contract for prepared 911 services, which is a no cost contract for use of a cell phone app for dispatch to see situations and 2. Purchase of a new ambulance for station three. The Department of Public Safety found an ambulance that almost fits the City’s needs. Commissioner Montagnino explained the ambulance they would have purchased would have had a 450 engine. The ambulance they found at a dealer in Buffalo has an F-550 engine and is a diesel engine. The question has been brought up to whether or not this is a piggyback contract. Tony Izzo initially stated it is a piggyback. Others feel it does not fit with the City’s Purchasing Policy. Commissioner Moran advised this is State Purchasing Policy and the City does not have the authority to break state policy. This should be put out to bid. Page 5 of 7 City Council Pre-Agenda Meeting March 17, 2023 Commissioner Montagnino stated the burning need is the third fire station is going to open in a couple of months and they don’t have an ambulance to equip it. Commissioner Moran suggested bidding it to the person who has the ambulance. Assistant Chief Dyer stated the process started last fall (December) to get a letter of intent from the City to purchase this ambulance because the funds could not be expended last year and now when it is time to take delivery of the ambulance these questions have come up. In the past, the City has approved piggybacking in this format with minor changes. The only change on this ambulance is it is an F-550 versus and F-450. The dealer has provided a letter stating if the City wishes to have an F-450 or have an ambulance built, it will not be available for 26 months. He agrees they need to follow policy but the City Council has the authority to override procurement policy. Commissioner Moran stated the City does not have the authority to override the state’s procurement policy. Assistant Chief Dyer stated he is working to put a request for proposal together. There is a higher probability the City will not get this ambulance and will not get one for 26 months. Mayor Kim stated a clear legal opinion is needed that states if this is done the City is not violating state law. If there is no clarity between now and Tuesday, this issue is a ‘no go’. Commissioner Montagnino confirmed with Chief Dyer an e-mail was received from Tony Izzo stating it was an appropriate piggyback. Assistant Chief Dyer stated they did receive an okay from Tony Izzo but then he retracted it. Mayor Kim stated no one wants a building with no ambulance but they also don’t want the State Comptroller’s Office telling the City they violated the law. Commissioner Moran stated the Accounts Department is available to assist Assistant Chief Dyer with the request for proposal. Stefanie Richards, assistant purchasing agent, stated bidding is part of the City’s Purchasing Policy. Ms. Richards stated she had a conversation with Assistant Chief Dyer the other day and told him this can be put out to bid, be back within two and a half weeks and be ready for the next Council meeting. This has been an ongoing issue for a few weeks. It could have been bid and been placed on this Council meeting. This is not a similar item as they are going from a 450 to a 550, not just a 450 with no side door versus a 450 with a side door. Tony Izzo stated the piggybacking criteria in the City’s Purchasing Policy is specific. There has to be documentation that the criteria has to be met and agrees with Stefanie’s analysis of a similar product. There needs to be City personnel that has looked to see if there is similar product. He has been waiting for an independent confirmation from our experts that it meets all of our standards. Commissioner Montagnino stated he did an internet search and the distinction is the gear ratio in the rear axle, a minor distinction between the 450 and the 550. The ratio in the 550 is better than the ratio in the 450. Mayor Kim stated his preference is to have a bid sent out. SUPERVISORS Matt Veitch 1. Nothing at this time. Page 6 of 7 City Council Pre-Agenda Meeting March 17, 2023 Tara Gaston 1. Nothing at this time. ADJOURN Commissioner Moran moved and Commissioner Sanghvi seconded adjourned the meeting at 10:40 a.m. Ayes – (Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, and Mayor Kim) Nays - 0 Respectfully submitted, Lisa Ribis Secretary to the City Council Approved: 4/4/2023 Vote: 5 - 0 Page 7 of 7