City Council

April 5, 2022 CITY OF SARATOGA SPRINGS City Council Meeting 474 Broadway 7:00 PM City Hall - Music Hall, 3rd Floor P.H. Civilian Review Board P.H. Community Development Block Grant Recommendations P.H. Possible Amendments to Unified Development Ordinance (UDO) P.H. Traffic Control – Caroline Street P.H 6:30 PM Weibel Avenue PUD Amendment 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S): 1. Climate Smart Task Force EXECUTIVE SESSION: CONSENT AGENDGA: 1. Approval of 3/15/2022 City Council Meeting Minutes 2. Approve Budget Transfers - Regular 3. Approve Transfers - Insurance 4. Approve Budget Amendments - Insurance 5. Approve Budget Amendments - Regular (Increases) 6. Approve Payroll 004/01/22 $411,577.74 7. Approve Payroll 03/18/22 $421,918.19 8. Approve Payroll 03/25/22 $687,250.55 9. Approve Mid-Warrant 2022, 22MWMAR2 $757,872.35 10. Approve Warrant 2022, 22MWMar3 $39,258.62 11. Approve Warrant 2022, 22APR1 $804,501.29 MAYOR’S DEPARTMENT 1. Announcement: Keith Kaplan Farewell as Chair of Zoning Board of Appeals 2. Announcement: Appointment of Chair of Zoning Board of Appeals City Council Pre-Agenda Meeting April 05, 2022 3. Announcement: Appointment to Ethics Board 4. Announcement: Preliminary Requests for Congressionally Directed Spending and Community Project Funding 5. Proclamation: April is Fair Housing Month ACCOUNTS DEPARTMENT 1. Award of Bid: EMS Equipment and Service to Stryker Corporation 2. Announcement: Relaunch of Special Events 3. Announcement: Update on Outdoor Dining 4. Discussion and Vote: Extended Outdoor Dining Fee Schedule 5. Update: COVID and Planned City Activities FINANCE DEPARTMENT 1. Announcement: Participatory Budgeting 2. Discussion and Vote: Resolution to Establish an Assignment for Participatory Budgeting 3. Update: City Finances 4. Discussion and Vote: Finance Policy and Procedure Manual Updates: X. Payroll Preparation and Distribution and Timesheets: XXI. Paying Invoices 5. Discussion and Vote: Approval and Pay Voucher Reimbursement to Kevin Kling in the amount of $52.98 for IT Costs Requiring Credit Card 6. Discussion and Vote: Approval to Pay Mileage Reimbursement to Jeff Cornick in the amount of $31.36 for City-related Travel 7. Discussion and Vote: Authorization for Mayor to Sign Agreement with Keeper Security, Inc. for Password Security Services 8. Discussion and Vote: Budget Transfers – Benefits 9. Discussion and Vote: Budget Transfers – Payroll PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Contract with Pallette Stone Corp for Asphalt 2. Discussion and Vote: Authorization for Mayor to Sign Change Oder # 2 with Jersen Construction Group to Provide Bypass Pumping and Misc. Site Work Activities for Raw Water Intake Project in the Amount of $65,347.00 3. Discussion and Vote: Approval to Pay Invoice # 17202 To BPI Mechanical Service In The Amount of $805.12 4. Announcement: Debris Notice 5. Announcement: Flushing Notice PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Contract with Upstate Polygraph Services, LLC 2. Discussion and Vote: Authorization for Mayor to Sign Contract with Saratoga County EMS Council 3. Discussion and Vote: Authorization for Mayor to Sign Major Contract with Saratoga County 4. Discussion and Vote: Authorization for Mayor to Sign Two Lease Agreements with RICOH 5. Discussion and Vote: Authorization to Use 2021 Monies for Stryker Purchase 6. Discussion and Vote: Authorization for Mayor to Sign Agreement with Stryker Page 2 of 27 City Council Pre-Agenda Meeting April 05, 2022 SUPERVISORS Matt Veitch 1. Saratoga County I.T. Updates Tara N. Gaston 1. COVID-19 Update 2. National County Government Month 3. Upcoming Public Forum ADJOURN Page 3 of 27 City Council Pre-Agenda Meeting April 05, 2022 April 5, 2022 CITY OF SARATOGA SPRINGS City Council Meeting 474 Broadway 7:00 PM PRESENT: Ron Kim, Mayor Dillon Moran, Commissioner of Accounts Minita Sanghvi, Commissioner of Finance Jim Montagnino, Commissioner of DPS STAFF PRESENT: Angela Rella, Deputy Mayor Stacy Connors, Deputy Commissioner of Accounts Heather Crocker, Deputy Commissioner of Finance Joe O’Neill, Deputy Commissioner of DPW Matthew Veitch, Supervisor Tara Gaston, Supervisor EXCUSED: Anthony Scirocco, Commissioner of DPW RECORDING OF PROCEEDINGS The proceedings of the meeting were taped for the benefit of the secretary and public record. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript. Audio issues happened throughout this meeting. PUBLIC HEARING Civilian Review Board (CRB) Mayor Kim opened the public comment period at 6:30 p.m. Cherie Grey, of Saratoga Springs, stated to be a Saratoga Springs resident for thirty (30) years. Grey stated to be supportive of the Saratoga Springs Police Department, and supports the formation of a Civilian Review Board. Grey stated the Police Task Force turned in a thorough report one (1) year ago, which recommended a Civilian Review Board. Grey referenced Ithaca, NY’s successful implementation of a Civilian Review Board since 1993. Grey expressed that she cannot understand that the City has had recent incidents and the Civilian Review Board is still not in place. Page 4 of 27 City Council Pre-Agenda Meeting April 05, 2022 Bill Christiano, of Benton Drive, Saratoga Springs, asked how the Civilian Review Board (CRB) selection process would work and when would it begin. Commissioner Montagnino answered Christiano by stating the ordinance draft of the CRB is not ready for public release and the cause the delay is the wording for the selection process of Board Members. Montagnino stated the intent is to devise a method of selection of members that would be a fair cross section of the community. Montagnino referenced the language of Appendix G from the Police Task Force Report that at least one (1) member of the board is to be between the ages of 18 – 30 years old. Montagnino stated the ordinance would include a process where the City Council would have the authority to ratify the selection process to guarantee the board is comprised of the members that meet the CRB requirements. Montagnino stated Appendix G recommended the use of a specific form as a way for the public to apply, and that the application list would be available for public review of those who put their names forward to volunteer to be on the board. Christiano confirmed that residents will be notified and advised of how to sign up if interested. Commissioner Montagnino advised that was correct. Mayor Kim concluded the public hearing at 6:37 p.m. and kept it open. Community Development Block Grant Recommendations Mayor Kim opened the public comment period at 6:38 p.m. Mayor Kim advised that the recommendations were made at the last City Council meeting. No one spoke. Mayor Kim concluded the public hearing at 6:38 p.m. and kept it open. Possible Amendments to Unified Development Ordinance (UDO) Mayor Kim opened the public comment period at 6:39 p.m. Cherie Grey, of Saratoga Springs, stated to serve on the Zoning Board of Appeals. Grey stated to been in attendance for several City Council Public Hearings on the UDO held by the previous City Council Administration. Grey conveyed that the concerns and disappointments expressed at those hearings went unanswered by the previous administration. Grey stated concern about the changes that are going to come with the Unified Development Ordinance. Matt Jones Esq. of Jones & Steves Law Firm, Saratoga Springs, asked a procedural question on whether this Council would be considering changes to the pending amendments of the UDO. Mayor Kim stated no amendments are currently pending. Kim stated the current meeting was to solicit suggestions or amendment change recommendations from the public. Kim suggested a scheduled workshop for the public in May. Kim stated City Council Members might propose changes or additions to the amendments, which may generate a future Discussion and Vote on proposed changes by the City Council. Page 5 of 27 City Council Pre-Agenda Meeting April 05, 2022 Wendy Mahaney, Executive Director of Sustainable Saratoga, Saratoga Springs, stated Sustainable Saratoga had participated in the development of the UDO over the last couple of years. Mahaney stated their goal is to protect the City’s Greenbelt, to keep downtown vibrant and to promote sustainability of the City’s practices. Mahaney stated compact urban design is the hallmark of sustainable cities that will keep our downtown business district alive with residenc e, who can walk, bike or take the bus from nearby homes, and visitors attracted to our City’s unique character. Mahaney, on behalf of, Sustainable Saratoga proposed four (4) amendments for adoption during the UDO amendment process, which would uphold the 2015 “City in the Country” Comprehensive Plan. Mahaney stated the amendments to be: 1. Remove specific uses in the rural residential & gateway districts. 2. Clarify criteria requirements for the land use board. 3. Changes and clarification to stream and wetland protections. 5. Changes to the land-use disturbance activity permit to ensure the applicant cannot circumvent the UDO. Mahaney stated Sustainable Saratoga was pleased to hear the City of Saratoga Springs considers the UDO to be living document. Mahaney stated Sustainable Saratoga would send a detailed list of amendments with rationale behind them to the City Council and staff in the coming days. Mayor Kim stated any documents received from the public would be posted to the City of Saratoga Springs website in the due course of time. Mayor Kim concluded the public hearing at 6:45 p.m. and kept it open. Traffic Control – Caroline Street Elementary School Mayor Kim opened the public comment period at 6:46 p.m. Olivia O’Malley of MacArthur Drive, Saratoga Springs stated the “No Parking” and “No Standing” signs at Caroline Street Elementary School are working well to control traffic congestion near the school. O’Malley stated the extended one-way signs on Caroline Street do nothing to improve safety of the schoolchildren walking to and from school, and is the cause of a lot of disruption to the neighborhood. O’Malley suggested the new “Do Not Enter” signs be removed, and the traffic from the other direction should be diverted onto Schuyler Drive. O’Malley gave thanks to the Council for providing a reliable and efficient school crossing guard who is doing a wonderful job. O’Malley stated the project scores for the TIPS grant were posted, and the Caroline Street Sidewalk Project scored very low in comparison to other projects applying for the grant. O’Malley asked if the City had other plans to fund the Caroline Street Sidewalk Project. Susan Horst of MacArthur Drive, Saratoga Springs, stated appreciation to the City for employing a crossing guard at Caroline Street Elementary School. Horst stated the crossing guard is punctual, conscientious, pleasant, and has a formidable presence. Horst paraphrased Commissioner Moran’s comments from a previous Council Meeting stating, “safety of the walkers of Caroline Street Elementary School hinges on everyone doing their part and asked for the school district to step up.” Horst stated Caroline Street Elementary School Principal Dr. Packard wrote an email to families of students of the school to remind parents of the safety concerns of students that walk to and from school, and the lack of sidewalks on portions of Caroline Street near the school. Horst stated the email from Packard continued to ask parents to help with traffic safety near the school, and suggested two ways to improve safety for the schoolchildren. Horst stated Packard’s email recommended drivers leaving the school toward the four-way stop sign are to turn right or left onto Schuyler Drive rather than continue on Caroline Street. Horst stated Page 6 of 27 City Council Pre-Agenda Meeting April 05, 2022 Packard’s second suggestion instructed parents who are picking up students at dismissal should park on Schuyler Drive, if the parent did not immediately see their student. Commissioner Montagnino asked Susan Horst of her personal opinion on the extended one-way street signage near Caroline Street Elementary School. Horst stated there was no sense of offsetting benefit and it seemed counterintuitive due to vehicles traveling in the same direction of the student-walkers. Commissioner Montagnino requested Mayor Kim keep the hearing open until the next meeting due to the lack of a draft of ordinance, at the time, that would allow for the continuance to work under emergency powers for the use of No Parking, No Standing, and extended One-Way signage. Montagnino requested Attorney Izzo prepare the draft required to change the ordinance. Mayor Kim concluded the public hearing at 6:51 p.m. and kept it open. Weibel Avenue PUD Amendment Mayor Kim opened the public comment period at 6:51 p.m. Matt Jones Esq. of Jones and Steves Law Firm, Saratoga Springs, on behalf of law partner Justin Grassi stated the PUD Amendment commenced in 2021 had been amended. Jones asked for consideration to have the public hearing remain open until April 19, 2022, when Attorney Grassi would be able to address the Council. Mayor Kim concluded the public hearing at 6:52 and kept it open. CALL TO ORDER Mayor Kim called the meeting to order at 6:53 p.m. Roll Call Kim – Aye Sanghvi – Aye Moran - Aye Montagnino – Aye Scirocco - Excused Supervisor Gaston – Aye Supervisor Veitch – Aye PUBLIC COMMENT Mayor Kim reminded the audience there is one (1) rule and three (3) suggestions: each speaker would have two (2) minutes to speak. Kim suggested that the audience remember they are members of a community speaking to public members of that same community, be kind, because kindness is never wasted, and be factual because accuracy and truth are the foundations of our democracy. Page 7 of 27 City Council Pre-Agenda Meeting April 05, 2022 Tracy Krosky-Sangare, of Saratoga Springs, stated to be a parent of two of the Black Lives Matter (BLM) organizers. Krosky-Sangare stated to be extremely disappointed with what has taken place since July 2021 with respect to the actions of the Saratoga Springs Police Department (SSPD) toward BLM organizers and protesters. Krosky-Sangare stated disappointment and a feeling of unfairness toward the treatment by Judge Vero and District Attorney Heggen that have participated in court proceedings of BLM participants. Sangare stated SSPD targeted Lexis Figuereo, and that Assistant Chief of Police Jillson lied by stating the police department did not have Figuereo’s cell phone. Krosky-Sangare commented that the SSPD showed a systemic cultural problem, and the Council had the responsibility to fix the problem. Angela Kaufman, of Stolen Land, Saratoga Springs, quoted from the book The End of Policing by Alex Vitale. Kaufman stated the history of the establishment of the professional police force, which began by the deputization of slave owners as patrol officers in the 1700s and gave a brief history of policing in America to the 1960s. Kaufman stated the SSPD were using the same racial profiling tactics used throughout the history of police in America. Kaufman went over the allocated two minutes, which Mayor Kim asked Kaufman to stop several times so others would have a chance and Kaufman continued. Kaufman finally stopped well after the two-minute limit. Mayor Kim stated to know there to be a lot of passion, and asked everyone to be fair and follow the protocol set forth. Julianne Lewis, of Oakland Drive, Saratoga Springs, gave thanks to the Council for taking on their roles. Lewis stated the Council were accountable for the safety of its citizens. Lewis stated to have been part of a 2021 Council-sponsored public safety forum, and shared the personal experience of being a parent of a youth victim of the justice system and the many frustrations that entailed. Lewis stated the need for foundational trauma informed anti-racist training, which would benefit those who serve in public safety. Lewis stated to work in a capacity where trauma informed practices to resolve disputes are used. Lewis stated that this type of training is needed for public safety officials and community leaders. Lewis stated the community is struggling, and urged the Council to incorporate dispute resolution into police force training. Erin Leary of Phila Street, Saratoga Springs, stated to believe the SSPD are behind the dangerous set of internal leaks to the Facebook page “Moving Saratoga Forward.” Leary stated the leaks and leakers are intended to back the blue, but also serve to harass people, violate due process, and re-victimize victims. Leary stated the previous weekend there had been an anonymous post to the mentioned FB page, which disclosed details on the identity of a victim. Leary stated the possibility of the post from a community member with knowledge of the incident, and stated the likelihood it came from within the SSPD. Leary stated the reason for the suspicion of the police leak had been due to the leak to the FB page on September 7, 2022, when a post revealed the SSPD issued and executed twelve (12) warrants. Leary stated at the time of the post, only four (4) warrants had been executed and none were of the people had been arraigned to make it part of public record. Leary state the remaining eight (8) warrants took additional days to execute. Leary asked the Council to address the biases that entrench the SSPD. Leary asked for the City to lead an investigation into SSPD participation on that page, pursue disciplinary action for those who endanger due process and rights to privacy, and establish an autonomous Civilian Review Board with subpoena power. Arlo Zwicker of Saratoga Springs, stated as a white person arrested twice for supporting the uplifting message of BLM, there was a difference in treatment by police compared to the treatment Page 8 of 27 City Council Pre-Agenda Meeting April 05, 2022 of counterparts that participated in the same events. Wicker felt privileged treatment due to the color of his skin. Wicker stated support for the dissolution of the Assistant Chief of Police position, the Civilian Review Board, and that SSPD disciplinary actions be made public. Deanna Sutherland, of State Street, Albany, stated to be a student at the University of Albany. Sutherland stated to be present at the protest on July 14, 2022. Sutherland stated the SSPD avoided Sutherland, but then mistreated fellow protestors of color. Sutherland stated other white individuals were not approached by the SSPD who had been acting in the same manner of those of color were arrested and treated harshly. Adam Walker, of Albany NY, stated the audience mentioned many issues. Walker commented that the audience should not be required to follow the two-minute rule. Walker stated people have issues to address at the meeting. Walker stated the mayor could not continue to allow D.A. Karen Heggen to prosecute Lexis Figuereo. Walker stated the Council needs to address and drop the charges against Lexis Figuereo, address Darryl Mount, and reign in the Saratoga Springs Police Department. Mayor Kim asked Adam Walker to finish as Walker’s time had expired. Walker continued to talk and told Kim to wait for Walker to finish. Mayor Kim again asked Walker to end. Mayor Kim stated the two-minute rule needed to be enforced due to timing. Mayor Kim stated to have an open-door policy. Kim also stated that the City of Saratoga Springs has no authority over the Saratoga County District Attorney. . Chris Mathieson of Friar Tuck Way, of Saratoga Springs, referenced the Times Union newspaper. Mathieson stated it was unfortunate police matters were waged in the press. Mathieson stated when he held position of Commissioner of DPS and was approached by the press, the Commissioner would immediately speak to the Chief and Assistant Chief about the complaint, and the Chief and Assistant Chief would speak to the person whom the concerns were raised against or judgments questioned. Mathieson stated the Commissioner would work together with the police department. Mathieson stated reprimands and demotions are overkill on the part of a Commissioner of DPS. Mathieson stated that four members of the Council approved to eliminate the position of Assistant Chief of Police without notice to the community. Andrew Beatty of Michael Drive, Saratoga Springs, stated support for the ac tions recently undertaken by the Council. Beatty stated to have questioned previous police actions and uncertainty about the actions leading to a new paradigm in public safety. Beatty commented that there are cultural problems in the community leading to more clashes. Beatty stated to be shocked of the recent discovery of film and a new eyewitness to the Darryl Mount incident. Nora Brennan, of Saratoga Springs, stated the reality to many people in the community is that the police department lies and cannot be trusted. Brennan recommended if people of color and white allies do not feel safe then shine a light on the SSPD. Brennan stated the Use of Force Policy discussed in 2020 required updating. Brennan recommended the SSPD use public safety de- escalation tactics recommended by the Police Task Force. Brennan stated Commissioner Scirocco is in the thoughts of everybody and sent well wishes to Commissioner Scirocco and his family. Lori Zwicker of Cassidy Drive, Saratoga Springs, stated to be an ally of people of color. Zwicker stated to support the reallocation of funds of the Assistant Chief of Police position, but did not support the hiring of additional police officers. Zwicker stated the community faced housing Page 9 of 27 City Council Pre-Agenda Meeting April 05, 2022 problems, mental health issues, food injustice and recommended the reallocation of police funds to go to those issues. Anita Knight of Albany, NY, stated to be present at the July 14, 2022, protest where Knight witnessed the abuse of power of the police department. Knight stated disciplinary actions against police personnel were not enough. Knight referred to the police as “pigs” and “sub-humans” that do not need demotions or suspensions, but should have their badges and guns taken. Knight requested that the Council use the tools given to them. Matthew Marshall of High Rock Avenue, Saratoga Springs, stated the debate about the Assistant Chief of Police position is disingenuous by the individuals who state the City defunded the police department, because the funds were reallocated to add patrol officers. Marshall stated in July 2021, former DPS Commissioner Dalton sat at a press meeting where former Assistant Chief of Police Catone made multiple borderline racist dog whistles during the meeting. Marshall stated when asked questions about the need of the SSPD, during that meeting, Dalton had stated to have the aspiration to add an additional twenty (20) police officers. Marshall stated crime in Saratoga Springs did not increase by a significant amount over the last five (5) years. Marshall stated over 50% of the City’s budget had been allocated to the DPS and stated Commissioner of DPS previously stated half of the police force never leave the police station. Marshall stated over the past two (2) years the City has faced violations of constitutional rights, probes by the NYS Attorney General, and that obstruction, conspiracy, and policing based on race plagued the SSPD. Samira Sangare, of Saratoga Springs, stated to support the demotion of Assistant Chief of Police Jillson. Sangare stated Jillson lied when he stated the police department did not possess Lexis Figuereo’s cell phone then subsequently had the phone in their possession. Sangare stated not to support the hiring of additional police officers, but suggested a reallocation of funds to housing for the homeless and mental health. Sangare stated to endorse the Civilian Review Board with subpoena power and restorative justice. Sangare reminded Mayor Kim that during his campaign he stated the need to look at police officer records. Chandler Hickenbottom, of Saratoga Springs, stated the mayor had the ability to speak to the press about the injustice of Saratoga County District Attorney Heggen regarding charges against (her brother) Lexis Figuereo. Hickenbottom stated the power the City Council held would make a difference if they spoke out against D.A. Heggen regarding the Figuereo case. Hickenbottom asked the Council to use their privilege to speak up to the media about BLM and not stay complacent. Alexis Brown, of Saratoga Springs, stated to be a leader of Black Lives Matter (BLM). Brown stated to witness SSPD overreach of police authority and brutality. Brown stated there to be failure by past and present City government. Brown stated to support the dissolution of the Assistant Chief of Police position. Brown stated that on July 2, 2021, the SSPD Chief of Police released a public statement of partnership between SSPD, Saratoga County Sherriff’s Department, and NYS Police in response to an incident when gunshots were fired on Caroline Street. Brown stated two (2) weeks after the announcement of the police partnership, a person had been killed 0.2 miles from City Hall on Caroline Street. Brown stated concern about the Saratoga Springs Police Department’s Facebook page and the posts authored by the police department. Brown stated the posts are seen, by many, to be politically motivated. Brown asked why some police arrests are announced on the page and some are not. Brown stated a public official’s child had been arrested and that story did not make the Facebook page. Brown stated BLM protest videos are on the SSPD Facebook page, as are the announcements of local arrests Page 10 of 27 City Council Pre-Agenda Meeting April 05, 2022 of residents of Schenectady and Troy, NY. Brown stated the selection process of which arrests are announced on the social media page misrepresents the BLM movement and adds to the racial resentment in the Capital Region by driving a moral panic on Facebook. Lexis Figuereo, of Saratoga Springs, stated Assistant Chief of Police Jillson should be fired. Figuereo stated Jillson lied about the SSPD not to be in possession of Figuereo’s phone for seven (7) months. Figuereo stated when Commissioner Montagnino announced the dissolution of the Assistant Chief of Police position during the March 15, 2022, Council Meeting, Figuereo’s attorney received a phone call stating Figuereo’s phone could be collected from the Saratoga Springs Police Department. Figuereo stated Jillson was part of the “take back the narrative” team. Figuereo stated the SSPD were under investigation by the NYS Attorney General for civil rights violations. Figuereo stated the culture of the SSPD needs to be changed before more police officers are hired. Holiday Hammond, of Saratoga Springs, stated to be impressed by the statements made by the audience members. Hammond stated to support BLM, and believes the community can do better. Hammond commented on the importance of dialog. Hammond stated to support restorative justice. Hammond stated to be against the addition of police officers to the racist and dangerous culture within the police department. Robin Dalton, of Caroline Street, Saratoga Springs, questioned how the City Council allowed the members of the audience to call the SSPD subhuman. Dalton stated the action by the City Council to defund the Assistant Chief of Police position was reckless and without transparency. Dalton advised the Council to pause the budget transfer of the police position until others were able to weigh in. Commissioner Montagnino asked Mayor Kim to be allowed to respond to statements made as some comments made by the audience contained information others in the audience may not be aware. Montagnino stated he had been contacted by Saratoga County Supervisor Gaston to speak to a family of a young man whom had been a victim of a gang assault. Montagnino stated to had met with the victim’s parents who disclosed their son had attended a party and had been assaulted. Montagnino stated the victim was African-American. Montagnino stated the victim went to the police department with his older sister, and had reported the assault. Montagnino described how the victim had pushed another at a party, and then had then been thrown against a countertop and physically assaulted by two additional people in attendance at the party. Montagnino stated the victim’s medical records, from the incident reported a concussion, split lip, black eye, and a back laceration of twelve (12) inches. Montagnino stated to have been told by the victim’s parents the police officer that had taken the statement from the victim told the victim there had not been enough evidence to charge anyone with a crime. Montagnino stated to had made contact with the Chief of Police, and asked the Chief to look into the situation. Montagnino stated the Chief of Police assigned the Lieutenant-in-charge of Investigation to review the file and to give a report. Montagnino stated the feedback received had been, since the victim had been the first to make contact and pushed one of the accused assailants, the act to throw the victim against the countertop and for two (2) other people to beat him was justifiable. Montagnino stated to be troubled that anyone would disagree that a concussion was a physical injury. Montagnino stated that during his inquiry, the incident had been made public by social media leaks. Montagnino stated media outlets reached out to the Commissioner’s Office for a public statement. Montagnino stated not to be the one that brought the incident to the public, but merely responded. Montagnino stated once the case had been reported in the press and television, a narrative arose which stated Montagnino had interfered in a pending investigation. Montagnino stated Saratoga County District Attorney Heggen issued a statement that criticized Montagnino for interfering in Page 11 of 27 City Council Pre-Agenda Meeting April 05, 2022 an open and active police investigation. Montagnino stated the NYS incident report submitted to the Department of Division of Criminal Justice Services, stated the case had been closed on March 1, 2022. Montagnino stated someone is trying to rewrite history. Montagnino stated the DPS Commissioner’s inquiry of the investigation triggered a statement by the Saratoga County District Attorney’s Office, for unknown reasons, and the statement made by D.A. Heggen had proven false by the March 1, 2022, closed report. Commissioner Montagnino had been interrupted multiple times throughout the statement. Saratoga County Supervisor Gaston asked Montagnino to not make reference to the family, since the family wanted to keep the victim’s identity private. During Commissioner Montagnino’s statement, audience members voiced disappointment in the Commissioner’s statement due to the reference of race and the mention the family of the victim did not want the incident discussed publicly. Mayor Kim called on the audience, multiple times, to allow Commissioner Montagnino to continue the above statement from the Commissioner’s Office. Mayor Kim moved to close the public comment period at 7:40 Commissioner Sanghvi stated no human should be referred to as sub-human. Sanghvi stated no person of color, LGBTQ, or disabled-person is sub-human. Sanghvi stated white supremacists and LGBTQ community were treated as sub-human. Sanghvi stated to be aware of the NYS Attorney General’s investigation into civil right allegations in Saratoga Springs, and wanted to go on record to state that no one is sub-human. There were many interruptions of Commissioner Sanghvi’s statement by the audience. Mayor Kim called on the audience, multiple times, to allow Commissioner Sanghvi to continue. Mayor Kim closed the public comment period at 7:49 p.m. PRESENTATION: Climate Smart Task Force Mayor Kim introduced Raina Caldwell, chairperson of the Climate Smart Task Force. Raina Caldwell of the Climate Smart Task Force stated in 2011 the Saratoga Springs City Council agreed to sign on to be a climate smart community. The City of Saratoga Springs had made progress over the years, and to move forward with grants the prerequisites are requirements to create a climate action and resilience plan. The IPCC is an international group of hundreds of scientists who update policymakers. This year the IPCC had used unprecedented language to warn of climate science and what can be expected from warming climate. The IPCC is sounding the alarm and using code red for humanity and cling windows to secure a livable future. Greenhouse gases and fossil fuels are what policy makers warn about. Caldwell reported human activity to be the factor which warmed the planet by one degree, which would mean significant difference in the temperature of the planet. It had been determined, due to the carbon dioxide present in the atmosphere the world would be committed to the warming in the upcoming 30 years. Caldwell stated methane to be the biggest driver culprit, and trapped heat 86 times more than carbon dioxide. Caldwell stated due to warming and the collapse of Page 12 of 27 City Council Pre-Agenda Meeting April 05, 2022 Antarctica glaciers, the world would be committed to two feet of sea level rise and should the ice behind the glaciers began to melt the world would be committed to twelve (12) feet of sea level rise. Caldwell stated oceans had been absorbing the heat then releasing to cause extreme weather. The trend speculated to continue to cause billion-dollar storms. Scientists predict California to be in a 500-year drought. Scientist also predict 2050 to experience a drying trend, while they predict 2080 to experience a torrent wet trend. To prepare for the future locally, Caldwell stated the City would need to change known issues and to prepare for the unknowable. Caldwell stated the City to be aware of several methane leaks within City limits. Transportation, buildings, heating, utility plug loads are issues that produce methane. The Community Choice Aggregation is a project to buy renewable energy in bulk, which the Climate Smart Task Force is working to achieve for the City of Saratoga Springs to participate. Projects to improve the climate locally are efficient City-owned buildings, electrify City-fleets, encourage green-built structures, and move to use less cement. NYS is compelling the public to use electric vehicles, because in 2035 would prohibit the state to sell internal combustible engines. The City of Saratoga Springs with the work of DPW Engineer Tina Carton to benchmark energy data, which allowed for immediate awareness of the least efficient buildings in the City. Caldwell stated Saratoga Springs worked diligently to support local agriculture. An analysis had showed the trees in downtown Saratoga Springs save a half of million dollars in energy cost. The challenge predicted for Saratoga Springs future is to be water infrastructure. Caldwell suggested green- infrastructure and hoped the City would emulate Ithaca, NY’s impressive Green New Deal, which predicted to become 100% renewal able electric energy by 2030. Caldwell encouraged the City Council to collaborate with the Climate Smart Task Force to develop an action plan that contain strategies and goals the City can begin using. Caldwell stated the need for financial resources from Federal and State governments, as well as knowledgeable, expertise staff and technical support. SUPERVISORS Matthew Veitch Saratoga County I.T. Updates Supervisor Veitch reported, over the last couple of years, Saratoga County had been updating technology in the County’s Board and Committee Rooms. Veitch announced the technology upgrades were complete and allowed for first-time livestreaming of County Committee Meetings, and three (3) meetings are available for viewing immediate viewing on the County’s YouTube page. Veitch stated the April 19, 2022, board of Supervisors Meeting would be the first full Board of Supervisors Meeting to be livestreamed from Saratoga County. Veitch invited the Council and public to visit Saratoga County’s website at saratogacountyny.gov/meeting/2022meetings. Veitch stated the live and recorded meetings were for openness and transparency to the public. Supervisor Tara N. Gaston Upcoming Public Forum Page 13 of 27 City Council Pre-Agenda Meeting April 05, 2022 Supervisor Gaston stated New York State had released the Climate Action Draft Scoping Plan. Gaston stated the plan was important to devise the plan and steps the State will be taking to improve climate conscious government. Gaston stated New York State Climate Action Scoping Plan would be holding public forums – a planned forum for April 14, 2022, at the Empire State Plaza, and a virtual forum on May 7, 2022. Gaston stated the IPCC reports are startling, and the Scoping Plan is the most aggressive and advanced plan in the country. Supervisor Gaston stated the State would be holding cannabis education conversations around the State, as adult use at storefronts. Gaston stated a scheduled live-streamed forum, which Gaston is hosting, would be live-streamed on April 13, 2022. Gaston stated some Council members and staff were able to meet with representative of MA and what cannabis coming to our area looks like and might mean for our area. There were technical audio difficulties with Commissioner Sanghvi’s microphone, and transcriber could not hear the responses made by Sanghvi. COVID-19 Update Supervisor Gaston stated the State is seeing a rise of COVID-19, and several counties are experiencing an increase of up to 50% of COVID-19 positive cases in the past few weeks. Gaston stated the County’s rolling average is presently at 4.0 %, which equals 13.7 cases per 100,000 cases. Gaston stated 60% of COVID-19 positive case, in NYS, are the BA.2 variant. Gaston stated the variant is elusive in testing, and several rapid tests are required before a positive virus result shows itself even though the symptoms had remained throughout. National County Government Month Supervisor Gaston stated April is National County Government Month. Gaston stated the National Association of Counties produce an annual Art Calendar of artwork submitted by county students. Gaston stated North Carolina produced the majority amount of artwork for the calendar in the previous year, and hoped to see New York fare better in 2022. Gaston advised interested students to visit Naco.org for details for submission. Supervisor Gaston stated it to be National Health Week with the theme being, “Public Health is Where You Are.” Gaston stated the idea behind the theme is that public health had brought to people and not make people show up for it. Gaston suggested Saratoga Springs take part in edible foresting and Mayor Kim entertained a motion to approve the agenda. Commissioner Moran moved and Commissioner Montagnino seconded to approve the consent agenda as listed: 1. Approval of 3/15/2022 City Council Meeting Minutes 2. Approve Budget Transfers - Regular 3. Approve Transfers - Insurance 4. Approve Budget Amendments - Insurance 5. Approve Budget Amendments - Regular (Increases) 6. Approve Payroll 004/01/22 $411,577.74 7. Approve Payroll 03/18/22 $421,918.19 8. Approve Payroll 03/25/22 $687,250.55 9. Approve Mid-Warrant 2022, 22MWMAR2 $757,872.35 10. Approve Warrant 2022, 22MWMar3 $39,258.62 11. Approve Warrant 2022, 22APR1 $804,501.29 Page 14 of 27 City Council Pre-Agenda Meeting April 05, 2022 MAYOR’S DEPARTMENT 1. Announcement: Keith Kaplan Farewell as Chair of Zoning Board of Appeals Mayor Kim stated Keith Kaplan had been on the Saratoga Springs Zoning Board of Appeals for 14 years. Kim stated Kaplan’s commitment is remarkable, and the farewell is bittersweet. Kim stated Kaplan served as Secretary, Vice-Chair, and Chair of the Committee. Kim stated everyone he spoke to about Kaplan’s service stated how competent, reasonable, and effective Kaplan has been as leader of the important land use board. Kim reads the resolution. A PROCLAMATION OF THE CITY OF SARATOGA SPRINGS, NEW YORK WHEREAS, KEITH KAPLAN is a well-liked and well respected member of our community; and WHEREAS, for many years, Keith has been an outstanding example of a Saratogian who gives generously and unselfishly of his time and talent in civic and government service. He has served with distinction for many years as a member and later as chairman of our city’s Zoning Board of Appeals, bringing his knowledge of our city, his skills for details and procedures, and his compassion and understanding to an often difficult and demanding job; and WHEREAS, he recently announced his intention to retire from active service to the Zoning Board of Appeals, NOW, THEREFORE, I, RON KIM, Mayor of the City of Saratoga Springs, am pleased to join with Keith’s colleagues on the Board, and with his family and his many friends, in expressing our thanks and appreciation for his invaluable service to Saratoga Springs, and to extend to him our very best wishes for good health, happiness and success in all his future endeavors. Mayor Kim stated to be pleased to join the Council and Keith’s colleagues, family, and many friends in expressing thanks and appreciation for Kaplan invaluable service to the City of Saratoga Springs. Kim extended best wishes to Keith Kaplan for good health, happiness, and success in Kaplan’s future endeavors. (Applause.) Keith Kaplan expressed it had been his extreme pleasure to have served on the Saratoga Springs Zoning Board of Appeals since 2008. Kaplan thanked the Zoning Board staff, and stated how incredibly capable they all were. Kaplan thanked by name: Anisha Samuels- Sanford, Amanda Tucker, Susan Barden, Diane Baranowski, Susan Combs, Patrick Cogan and Attorney Tony Izzo for the fantastic support they gave to the Board. Kaplan continued to give thanks to the fellow volunteers on the Board, while giving appreciations to Mayor Ron Kim. 2. Announcement: Appointment of Chair of Zoning Board of Appeals Mayor Kim named Gage Simpson as the Mayor’s appointment as Chairperson of the Zoning Board of Appeals. Kim stated since 2013, Gage had been an advanced manufacturing instructor with Washington-Saratoga-Warren-Hamilton-Essex BOCES. Kim listed Gage’s prior experience as Senior Project Engineer with Bechtel and Materials Engineer with Knolls Atomic Power Laboratory. Kim stated Gage held a B.S. from Purdue University in Material Page 15 of 27 City Council Pre-Agenda Meeting April 05, 2022 Science and a M.S. in Technical Management from Embry-Riddle Aeronautical University. Kim congratulated and thanked Gage in the appointment, and expressed the persons that step into these roles are to be commended. Kim expressed the positions on the Zoning Board of Appeals is a volunteer position filled with long hours and difficult decisions that impact the City in positive ways. 3. Announcement: Appointment to Ethics Board Mayor Kim announced the appointment of Senior Planner Susan Barden to the City’s Ethic Board, which duties are to oversee questions relating to ethics for all City employees. Kim stated one (1) City employee are to be appointed to the Board. Kim stated Barden held the position of Senior Planner since 2019, and had been with the City of Saratoga Springs Planning Department for nearly 15 years. Kim stated Barden is AICP Certified and held a M.A. in Applied Geography from the University of North Carolina. 4. Announcement: Preliminary Requests for Congressionally Directed Spending and Community Project Funding Mayor Kim announced a preliminary request for Congressionally Directed Spending and Community Project Funding. Kim stated the Mayor’s Office had been working with Senators Schumer, Gillibrand, and Congressman Tonka to request funding for community-based projects within the City of Saratoga Springs. Kim stated timeliness of the applications are at issue. Kim stated the funding is part of the federal infrastructure bill in part, and the requested proposals be presented to the Senators’ and Congressman’s Offices over the next couple days. Mayor Kim stated Commissioner Montagnino and the DPS staff had worked together to prepare a proposal for fire station # 3 which would be presented. Kim stated the other projects considered and shovel-ready for presentation were; the Saratoga Arts Center upgrades, potential upgrades to water infrastructure, and a potential public-private partnership with RISE to build a social center for the homeless. Kim stated the Mayor’s Office would come back to the Council for more discussion, and these projects were ready to propose with proposal deadlines being 5 – 10 days away. Commissioner Sanghvi asked if there would be matching fund requirements. Mayor Kim stated if there were matching fund requirements, the City Council would be advised of the requirement. 5. Proclamation: April is Fair Housing Month Mayor Kim proclaimed April to be Fair Housing Month. Kim stated 2022 is the 54th Anniversary of the Passage of the Fair Housing Act of 1968. Kim stated the Act sought to eliminate discrimination in housing opportunities based further housing choices regardless of race, color, national origin, Page 16 of 27 City Council Pre-Agenda Meeting April 05, 2022 religion, sex or disability. Kim stated New York State had added to the protected classes to include protection from discrimination in housing opportunities based on religion, marital status, sexual orientation, age and military status. Kim stated the Violence Against Women Reauthorization Act of 2013, added protection for victims of domestic violence, dating violence, sexual assault, and stalking. A PROCLAMATION OF THE CITY OF SARATOGA SPRINGS, NEW YORK WHEREAS, this April marks the 54th anniversary of the passage of the Fair Housing Act of 1968, which sought to eliminate discrimination in housing opportunities and to affirmatively further housing choices for all Americans, regardless of race, color, national origin, religion, sex, familial status, or disability; and WHEREAS, since then, New York State law has added further protections based on religion, marital status, sexual orientation, age, and military status; and WHEREAS, the Violence Against Women Reauthorization Act of 2013 added protections for victims of domestic violence, dating violence, sexual assault, and stalking; and WHEREAS, the ongoing struggle for dignity and housing opportunity is not the exclusive province of the Federal government and vigorous local efforts to combat discrimination can be as effective or even more effective than Federal efforts; and WHEREAS, illegal barriers to equal opportunities in housing, no matter how subtle, diminish the rights and freedoms of every American; and WHEREAS, it is our obligation as free citizens to do our part in providing equal housing opportunities to all men and women, and to support both the letter and the spirit of State and Federal Fair Housing Laws, NOW, THEREFORE, I, RON KIM, Mayor of the City of Saratoga Springs, hereby join in the national celebration by recognizing and proclaiming April 2022 as FAIR HOUSING MONTH Mayor Kim proclaimed April 2022 as National Fair Housing Month. 6 Request to Add a Public Hearing on Sister-City Relationship with Chekov, Russia to the April 19, 2022, Council Meeting Mayor Kim requests in the form of a motion to add a 6th item to the Mayor’s Department Agenda. Kim stated the request is to add a public hearing regarding the Ukraine - Russian War requested the stoppage or suspension of Saratoga Springs sister-city relationship with Chekov, Russia by the Council of General of Ukraine. Mayor Kim moved and Commissioner Moran seconded the addition of a Public Hearing for the request by the Counsel General of Ukraine for the stoppage or suspension of Saratoga Springs sister-city relationship with Chekov, Russia, in response to the Ukraine – Russia War. Ayes – All Page 17 of 27 City Council Pre-Agenda Meeting April 05, 2022 Mayor Kim stated would like to add a Public Hearing to the April 19, 2022, City Council calendar. Kim stated the public hearing is meant to solicit public opinion about a letter the City received from the Counsel General of NYC from Ukraine, which asked the City of Saratoga Springs to stop or suspend the City’s relationship with its sister-city of Chekov, Russia. Kim stated around 2000, the City Council established a relationship with Chekov, Russia. Kim stated there had been cultural exchanges between the cities over the years, and stated not to be aware of contact in recent years. Kim stated to be inclined to hold a public hearing on the decision to sever the relationship with Chekov, Russia, rather than the Council to make that on their own by a vote. Kim stated the letter from the Counsel General to be posted to the City website. ACCOUNTS DEPARTMENT 1. Award of Bid: EMS Equipment and Service to Stryker Corporation Commissioner Moran moved and Commissioner Sanghvi seconded to award the bid for EMS Equipment and Service to Stryker Corporation in the amount not to exceed $124,637.50. Ayes – All 2. Announcement: Relaunch of Special Events Commissioner Moran announced the relaunch of Special Events. Moran stated City events had been put on hold over the last two (2) years due to COVID-19. Moran acknowledged and recognized the efforts of Department of Accounts Deputy Commissioner Stacy Connors for the tremendous efforts given to revamp the Special Event process. Moran stated the revamped process is collaborative within the City’s government. Moran stated previous special event organizers were not aware of all the fees charged by different departments for the departmental services, until after the event. Moran stated the City of Saratoga Springs is a host venue with a business model that encourages relationships and good will within the community and that encouraging planners to hold events in the City to be a goal of the Accounts Department. Moran stated pride in the collaborative relationship between DPW Commissioner Scirocco and Deputy Commissioner O’Neill, and DPS Commissioner Montagnino for working with the Special Event process. Moran stated the critiques of City’s government over road closures for Chowderfest 2022 were unwarranted, since the event brought out nearly 30,000 participants without incidence. Moran stated the PBA would be holding an Easter event on April 15, 2022 in Congress Park. Moran stated with the leadership of Commissioner Skip Scirocco and the DPW staff, Treetoga, hosted by Sustainable Saratoga, would take place with the planting of 53 trees within the City of Saratoga Springs on April 30, 2022. Page 18 of 27 City Council Pre-Agenda Meeting April 05, 2022 Commissioner Sanghvi gave compliments to the Departments of Accounts, Public Safety, and Public Works for the effort for a successful Chowderfest. 3. Announcement: Update on Outdoor Dining Commissioner Moran announced that the continuation of outdoor dining program was authorized at a previous Council meeting. Moran stated many local businesses and organizations volunteered their time, efforts, and resources over the past two (2) years to give support to the City’s extended outdoor dining program. Moran stated the volunteer effort would not be sustainable going forward. Moran stated to have worked in collaboration with Saratoga County Supervisor Matthew Veitch to gain support from the County to assist in moving concrete barriers for extended dining into City streets. Moran stated the County gained nearly $8 million dollars in tax dollars from the City in the previous year, and thought the County would want to assist the City to continue the revenue stream. Moran stated to gain support from the County of Public Works Director with plans to place the concrete barriers. Moran stated the County pulled out of the plan to assist the City at the last minute without reason. Moran stated the setback brought on by the County would bring costs to the City’s small businesses that planned to use the barriers due to the need to hire an outside contractor to move the barriers. Moran stated that the Republicans that run Saratoga County do not care about small businesses. Moran stated the previous City Council made a decision at the end of 2021 to dispose of the concrete barriers, donated to the City by D. A. Collins; the Council disposed of the barriers because they thought they would not be used again. Moran stated new concrete barriers would be purchased for the businesses use, and the majority of the cost would be passed to the business. Moran stated the appearance and quality of barriers used would improve to come in line with the look of the City. Moran stated the concrete barriers would be in place within two (2) weeks. 4. Discussion and Vote: Extended Outdoor Dining Fee Schedule Commissioner Moran stated the extended temporary outdoor dining fee schedule had three (3) levels. Moran stated Level 1 would be for extended dining onto private property where the licensee had previously were not permitted to utilize for dining use by either the City or the State Liquor Authority. Moran stated the fee for Level 1 to be one-hundred dollars ($100.00). Moran stated Level 2 would be for the use of public property - city curb to sidewalk. Moran stated the fee for Level 2 to be five-hundred dollars ($500.00). Moran stated Level 3 would be for the use of both public sidewalk property and city street property with city-owned barriers. Moran stated the fee for Level 3 would be one-thousand dollars ($1,000.00). Moran stated the fee would include the use of property, installation and use of the barriers, and application fee. Moran stated the application fee for Levels 1 and 2 were included in the pricing of each level. The intent of the fees is to invest the money back in to support the program. In years two and three of the program, the City will look to convert the blocks to something more decorative. Commissioner Moran moved and Commissioner Montagnino seconded to accept the fee schedule for the Temporary Outdoor Seating Area Permits. Ayes – All Page 19 of 27 City Council Pre-Agenda Meeting April 05, 2022 Attorney Izzo clarified the temporary extended outdoor dining fee schedule be accepted in the form of a resolution by the Council as required by the City Charter. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NY BE IT RESOLVED, by the City Council of the City of Saratoga Springs, New York, as follows: WHEREAS, Section 136.33.10 in Article IVA of Chapter 136 of the Code of the City of Saratoga Springs, entitled “Temporary Outdoor Seating Area Permits” provides that a schedule of fees for temporary outdoor seating area permits shall be developed and adopted by resolution of the City Council; and WHEREAS, the Council has given due consideration to the fees to be charged, NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby establishes the following schedule of fees for temporary outdoor seating area permits: TYPE OF PROPERTY FEE TYPE FEE AMOUNT Private Property Application for Seating Area $100.00 Public Property- Application for Seating Area and Sidewalks Occupation of Public Property $500.00 Public Property- Application for Seating Area, Sidewalks and Occupation of Public Property and Barriers/Blocks Installation/Removal of Barriers/Blocks $1,000.00 5. Update: COVID and Planned City Activities Commissioner Moran stated three (3) counties in New York State are on the rise of COVID- 19 positive cases. Moran stated the counties to be on the rise are Oswego, Onondaga, and Tompkins. Moran stated the City had COVID-19 Rapid Test kits available to groups having special events who want to test. Moran suggested the public to check their supply of COVID-19 test kits for expiration dates. Mayor Kim announced a ten (10) minute break at 8:50 p.m. for the repair audio of difficulties. Mayor Kim called the meeting to order at 9:00 p.m. FINANCE DEPARTMENT 1. Announcement: Participatory Budgeting Commissioner Sanghvi announced the Finance Department’s plans to incorporate participatory budgeting to help the City of Saratoga Springs become more inclusive. Sanghvi stated the participatory budgeting advisory committee included Finance Budget Director Lynn Bachner, Deputy Commissioner of Finance Heather Crocker, and Commissioner Sanghvi. Sanghvi stated the definition of participatory budgeting is a democratic process which community members decide how to spend a part of the public budget – revolutionary civics in action. Sanghvi stated the Finance Department’s goals are to expand and diversify the participation in the City’s budget process; to listen to the needs of community members; utilize participatory budgeting to affect meaningful change; to promote sustainable public good for long-term; well-being of the residents of Saratoga Springs, and to create easy and seamless Page 20 of 27 City Council Pre-Agenda Meeting April 05, 2022 civic engagement. Sanghvi believed Saratoga Springs is the first municipality in the Capital District to adopt a participatory budgeting program. Sanghvi stated the department adapted the budget process to fit the city charter and budget process. Sanghvi stated eleven (11) members would serve to solicit and review project proposals form within the community. Sanghvi stated the criteria for members to serve on the committee requirement: Saratoga Springs residents age 18 years of age and over, commit to serve a two (2) year term, required to attend 80% of scheduled meetings as well as community outreach events for the program. Sanghvi stated the projects in two groups: individuals and organizations. Sanghvi stated participatory budgeting to be a unique way for the public to come to City Hall with solutions to improve the quality of life in the community by submitting a project proposal. Sanghvi stated application process submissions would be able to take the form in electronic or postal submission, or hand-delivered to the Finance Department at City Hall. Sanghvi stated the criteria for projects to be eligible for funding would be: the project does not exceed the annual amount allocated; the project can be completed by the one-time expenditure received from the budget program; the project can be legally implemented by the City of Saratoga Springs; the project to be on public property and a benefit to the public. Sanghvi stated the projects would be vetted by the budget committee and would be able to receive guidance and support from the City’s internal departments and professionals. Sanghvi stated after the committee determined the viability of the submitted projects, the project(s) would be opened to a public vote. Sanghvi stated the next step to be the budget committee would make recommendations to the Commissioner of Finance whom would then bring the selection of project(s) to the Council for a vote. Sanghvi stated the funding of the participatory budget would be done by the establishment of an assignment based on the conservative amount of the general fund budget not to exceed 0.25% of the fund balance. Sanghvi stated the 2023 budget based off fiscal year 2022, which maximum total for the participatory budget fund could amount up to $135, 487.82. 2. Discussion and Vote: Resolution to Establish an Assignment for Participatory Budgeting Commissioner Sanghvi stated the discussion and vote to be for 2023. Sanghvi stated the vote before the Council to bed for the use of City funds for a participatory budgeting initiative with the assignment amount available based on the balance and cash flow of City funds allocated for the program. Sanghvi stated the funds may be replenished or revise as the program develops. Commissioner Moran clarified the vote to be a line item in the finance budget, which would facilitate the participatory budget process once the budget process became established. Sanghvi stated Commissioner Moran to be correct and the program would become part of the 2023 budget. Commissioner Sanghvi moved and Commissioner Montagnino seconded the resolution to establishment of an assignment for Participatory Budgeting Ayes – All 3. Update: City Finances Commissioner Sanghvi stated the Finance Department staff had several ongoing projects. Sanghvi stated the projects to be a streamlined payroll process, an internal audit of utility bills Page 21 of 27 City Council Pre-Agenda Meeting April 05, 2022 overseen by the Finance Department. Sanghvi stated the City’s mortgage tax intake for 2022 was $917,948.66 – year-to-date up 5% from 2021. Sanghvi stated there to be an interactive web platform to promote budget transparency to be available to the public. Sanghvi stated City Council members be added as participants to Novotime – the attendance and timekeeping management system. Sanghvi stated the revised Paying Invoice Guideline were to manage utility invoice payments. Sanghvi stated the Purchasing Department reviewed the revisions. 4. Discussion and Vote: Finance Policy and Procedure Manual Updates: X. Payroll Preparation and Distribution and Timesheets: XXI. Paying Invoices Commissioner Sanghvi moved and Commissioner Montagnino seconded the Finance Policy and Procedure Manual Updates, Payroll Preparation and Distribution, Timesheets, and Paying Invoices as included with the agenda. Ayes – All 5. Discussion and Vote: Approval and Pay Voucher Reimbursement to Kevin Kling in the amount of $52.98 for IT Costs Requiring Credit Card Commissioner Sanghvi stated the discussion and vote were a result of recently retired Finance Director Kevin Kling need for use of a personal credit card for a City-required purchase. Sanghvi stated the City had recently developed a credit card policy with the Purchasing Department. Commissioner Sanghvi moved and Commissioner Montagnino seconded the voucher reimbursement to Kevin Kling in the amount of $52.98 for I.T. costs requiring a credit card. Ayes – All 6. Discussion and Vote: Approval to Pay Mileage Reimbursement to Jeff Cornick in the amount of $31.36 for City-related Travel Commissioner Sanghvi stated the City-related day travel of finance employee Jeff Cornick had been due to a voucher reimbursement error which had inadvertently been placed as a 2021 reimbursement rather than as a 2022 reimbursement, and therefore not processed in the required 30-day time limit. Commissioner Sanghvi moved and Commissioner Montagnino seconded the approval to pay mileage reimbursement to Jeff Cornick in the amount of $31.36 for City-related travel. Ayes – All 7. Discussion and Vote: Authorization for Mayor to Sign Agreement with Keeper Security, Inc. for Password Security Services Page 22 of 27 City Council Pre-Agenda Meeting April 05, 2022 Commissioner Sanghvi stated Keeper Security, Inc. agreement would provide cloud-based security over internet password used by City employees. Sanghvi stated the service would allow the City to have management control over computer passwords used by city employees. Sanghvi stated the annual cost of the agreement to be $17,919.00. Sanghvi stated the funds were in the I.T. budget line item A302169454720. Sanghvi stated the City Attorney, Risk &Safety, Purchasing and Finance Departments had approved the agreement, as required. Commissioner Sanghvi moved and Commissioner Montagnino seconded the authorization for the mayor to sign an agreement with Keeper Security, Inc for Password Security Services in the amount of $17,919.00, the budget line associated to be A302169454720. Ayes – All 8. Discussion and Vote: Budget Transfers – Benefits Commissioner Sanghvi moved and Commissioner Moran seconded to authorize budget transfer – Benefits as included with the agenda. Ayes – All 9. Discussion and Vote: Budget Transfers – Payroll Commissioner Sanghvi asked Commissioner Montagnino for clarification on questions that concern budget lines 3-4 transfer of funds to police officers wage line from the assistant chief wage line to reallocate approved resources in the amount of $67,186.22. Sanghvi asked Montagnino if the statement Montagnino had made that 40% of the police force does not leave their office had been correct. Montagnino stated the statement to be correct. Montagnino stated only 60% of the police force is actually out on patrol; those that are not assigned to patrol are the Chief of Police, Assistant Chief, four (4) Lieutenants, and eleven (11) Investigations. Montagnino stated, due to the development of previous administrations, a significant amount of the police workforce on patrol had diminished. Sanghvi asked if the same cuts were planned for the Saratoga Springs Fire Department (SSFD) with the Chief and Assistant Chief. Montagnino stated the job descriptions of the SSFD Chief and Assistant Chief were similar yet did not overlap. Montagnino stated the SSFD had the line for the position of Battalion Chief. Montagnino stated Assistant Chief Dyer performs the duties of the two positions - performing all the duties of Assistant Chief as well as the Battalion Chief. Montagnino stated Assistant Chief Dyer is up to speed on every aspect of fire station # 3, which differentiates the departments, and that same type of duplication of efforts seen in the police department is not in the fire department. Montagnino stated the payroll transfer is a reallocation of resources to increase the number of officers out on patrol to ensure the officers are safer in number. Commissioner Sanghvi moved and Commissioner Montagnino seconded to authorize budget transfers – Payroll as included with the agenda. Ayes – All Page 23 of 27 City Council Pre-Agenda Meeting April 05, 2022 PUBLIC WORKS DEPARTMENT Mayor Kim spoke on behalf of the City Council to send well wishes to DPW Commissioner Skip Scirocco and the Scirocco family due to Commissioner Scirocco’s absence due to medical leave in recent months 1. Discussion and Vote: Authorization for Mayor to Sign Contract with Pallette Stone Corp for Asphalt Mayor Kim stated the contract for discussion is a piggyback contract off a Saratoga County for asphalt with the amount not to exceed bid proposal unit prices. Mayor Kim moved and Commissioner Sanghvi seconded to authorize the mayor to sign a contract with Pallette Stone Corp. valid until Dec 31, 2022, in the amount of unit bid prices subject to appropriation. Ayes – All 2. Discussion and Vote: Authorization for Mayor to Sign Change Oder # 2 with Jersen Construction Mayor Kim stated the change order request is for unexpected work due to unforeseen conditions to provide bypass pumping and miscellaneous site work activities for the raw water intake project in the amount of $65,347.00. Mayor Kim stated the project by Jersen Construction to be 90% complete with the change order rate to be less than 6% of the original project bid price, and bringing the total for the project from $2 million dollars to 2.1 million dollars. Kim stated and read multiple additional complex tasks included in the change order. Commissioner Sanghvi asked if the change order amount would come from the DPW budget. Mayor Kim stated the funds would come from the DPW budget. Mayor Kim moved and Commissioner Moran seconded to authorize the mayor to sign change order # 2 with Jersen Construction to provide bypass pumping and miscellaneous onsite work activities for well water intake projects in the amount of $65,347.00. Ayes – All 3. Discussion and Vote: Approval to Pay Invoice # 17202 To BPI Mechanical Service in the Amount of $805.12 Mayor Kim stated DPW were contacted by visitor center staff, concerning an issue with the heat supply at the center. Kim stated the DPW plumber had been out on leave, and another employee contacted the City-contracted BPI Mechanical Service to fix the issue at the center without an invoice. Mayor Kim moved and Commissioner Sanghvi seconded to authorize the mayor to sign invoiced # 17202 to BPI Mechanical Services in the amount of $805.12 Page 24 of 27 City Council Pre-Agenda Meeting April 05, 2022 Ayes – All 4. Announcement: Debris Notice Mayor Kim announced the DPW had begun leave and lawn pickup. Kim stated clipping must be in in reusable container or paper bag, and placed at the curb from May 15 th – September 30th. Kim stated from September 30th to the first snowfall, debris be brought to curb in small piles. Kim stated crews would not go on private property, and asked to keep containers and limb piles to within a manageable weight for one person to lift. 5. Announcement: Flushing Notice Mayor Kim announced beginning April 11th DPW would begin flushing the water distribution system to deliver the highest quality of water for the residents of Saratoga Springs. Kim stated the water distribution system annually flush during the spring and autumn. Kim stated DPW employees also take the opportunity to flush the fire hydrants throughout the city for routine maintenance. Kim stated it is normal to see a discoloration in water and the remedy is to run the cold tap until water runs clear. PUBLIC SAFETY DEPARTMENT Commission Montagnino announced the proposals for fire station # 3 had went out for bid that day. Montagnino stated the excitement of the department as it eagerly awaits the response to the RFP’s. Montagnino gave thanks in the very large part SSFD Assistant Chief Dyer had taken to get the project moving forward. 1. Discussion and Vote: Authorization for Mayor to Sign Contract with Upstate Polygraph Services, LLC Commissioner Montagnino stated polygraph tests are an integral part of the screening procedure used for new police officers. Montagnino stated general fee are $500.00 for a single test administered, and multiple tests on the same day reduced the fee to $400.00 per test. Montagnino stated the quoted fees are industry standards. Commissioner Montagnino moved and Commissioner Sanghvi seconded to authorize the mayor to sign a contract with Upstate Polygraph Services, LLC. Ayes – All 2. Discussion and Vote: Authorization for Mayor to Sign Contract with Saratoga County EMS Council Commissioner Montagnino stated the contract with Saratoga County EMS Council does not involve expenditure of funds on part of the City. Montagnino stated the arrangement with the EMS Council continued the arrangement where veterans seeking their EMT certificates, through a county program, can ride along and assist firefighters, who are also paramedics, in the services that the veterans are seeking. Montagnino stated the contract is necessary for the city as liability insurance. Page 25 of 27 City Council Pre-Agenda Meeting April 05, 2022 Commissioner Montagnino moved and Commissioner Sanghvi seconded to authorize the mayor to sign a contract with Saratoga County EMS Council. Ayes – All 3. Discussion and Vote: Authorization for Mayor to Sign Major Contract with Saratoga County Commissioner Montagnino stated the contract involved compensation by the county to the city for EMS services provided by the Saratoga Springs Fire Department’s EMT’s. Montagnino stated the dollar figures involved were based upon the actual cost per hour of the individuals who provided services and the cost of the equipment used. Commissioner Montagnino moved and Commissioner Sanghvi seconded to authorize the mayor to sign a major contract with Saratoga County as it pertains to EMS services provided to the County of Saratoga by Saratoga Springs Fire Department EMT’s and for the use of Saratoga Springs Fire Department equipment. Ayes – All 4. Discussion and Vote: Authorization for Mayor to Sign Two Lease Agreements with RICOH Commissioner Montagnino stated the lease agreements with RICOH were for servicing of copiers and related equipment. Montagnino stated the fee is approximately $49.00 per copier for the DPS department. Commissioner Montagnino moved and Commissioner Moran seconded to authorize the mayor to sign two lease agreements with RICOH for the servicing of copiers and related equipment. Ayes – All 5. Discussion and Vote: Authorization to Use 2021 Monies for Stryker Purchase Commissioner Montagnino stated the discussion is for authorization to use 2021 monies that are available for purchases for Capital Improvement specialized equipment, such as motorized gurneys, used by the Fire Department. Commissioner Montagnino moved and Commissioner Sanghvi seconded to authorize the use of 2021 available monies for Stryker Equipment purchases. Ayes – All 6. Discussion and Vote: Authorization for Mayor to Sign Agreement with Stryker Commissioner Montagnino moved and Commissioner Sanghvi seconded to authorize the mayor to sign agreement with Stryker Industries for purchases moving forward Fire Department equipment. Page 26 of 27 City Council Pre-Agenda Meeting April 05, 2022 Ayes – All ADJOURN Commissioner Moran moved and Commissioner Montagnino seconded to adjourn the meeting at 9:37 p.m. Respectfully submitted, Barbara Brindisi Assistant City Clerk Approved: May 3, 2022 Vote: 4 - 0 Page 27 of 27  A PROCLAMATION OF THE CITY OF SARATOGA SPRINGS, NEW YORK WHEREAS, KEITH KAPLAN is a well liked and well respected member of our community; and WHEREAS, for many years, Keith has been an outstanding example of a Saratogian who gives generously and unselfishly of his time and talent in civic and government service. He has served with distinction for many years as a member and later as chairman of our city’s Zoning Board of Appeals, bringing his knowledge of our city, his skills for details and procedures, and his compassion and understanding to an often difficult and demanding job; and WHEREAS, he recently announced his intention to retire from active service to the Zoning Board of Appeals, NOW, THEREFORE, I, RON KIM, Mayor of the City of Saratoga Springs, am pleased to join with Keith’s colleagues on the Board, and with his family and his many friends, in expressing our thanks and appreciation for his invaluable service to Saratoga Springs, and to extend to him our very best wishes for good health, happiness and success in all his future endeavors. Dated: April 5, 2022 _______________________________ RON KIM Mayor ALERT Fiscal Year 2023 Appropriations Requests CONGRESSIONALLY DIRECTED SPENDING REQUESTS FY 2023 Senator Gillibrand is now accepting preliminary requests for New York-based projects for Fiscal Year 2023. These requests must be submitted via electronic application by 11:59 p.m., Sunday, April 10, 2022. This deadline may be updated pending developments in the Fiscal Year 2023 Appropriations process. Fiscal Year 2022 requests do not carry over to the new fiscal year and entities that requested support from Senator Gillibrand for Congressionally Directed Spending (CDS) projects in Fiscal Year 2022 are required to re-submit unfunded requests. Any CDS request that Senator Gillibrand submits to the Appropriations Committee must comply with Senate Rule XLIV. Disclaimer: The purpose of this application is to identify high-impact projects in New York that can reach completion with assistance from the federal government. For-profit entities and defense contractors are not eligible to receive Congressionally Directed Spending. Letters of Interest: A letter of interest, including a short description of the project and a general budget for the proposal, may be submitted as part of your application checklist for further consideration. Eligible Accounts: This website will be updated with a specific list of eligible accounts for Fiscal Year 2023 when the Fiscal Year 2023 guidance is available. To the extent you submit an application for a CDS project in an account that is no longer eligible once the Fiscal Year 2023 guidance has been released, please contact a member of Senator Gillibrand’s staff. Entities submitting an application will be required to complete a standard, detailed budget form for the project. The budget form will be available here as soon as it is made available by the Senate Appropriations Committee. Submission of this application does not guarantee that funding will be requested or awarded. Applications may require updating pending the release of the administration’s budget request. Electronic application forms may be submitted through this website. A copy of the required questions is available for download here. As noted above, all CDS requests must be submitted by 11:59 p.m., Sunday April 10, 2022. This deadline may be adjusted pending developments in the Fiscal Year 2023 process. Requests may require additional updates upon release of the President’s budget. BEGIN APPLICATION »  A PROCLAMATION OF THE CITY OF SARATOGA SPRINGS, NEW YORK WHEREAS, this April marks the 54th anniversary of the passage of the Fair Housing Act of 1968, which sought to eliminate discrimination in housing opportunities and to affirmatively further housing choices for all Americans, regardless of race, color, national origin, religion, sex, familial status, or disability; and WHEREAS, since then, New York State law has added further protections based on religion, marital status, sexual orientation, age, and military status; and WHEREAS, the Violence Against Women Reauthorization Act of 2013 added protections for victims of domestic violence, dating violence, sexual assault, and stalking; and WHEREAS, the ongoing struggle for dignity and housing opportunity is not the exclusive province of the Federal government and vigorous local efforts to combat discrimination can be as effective or even more effective than Federal efforts; and WHEREAS, illegal barriers to equal opportunities in housing, no matter how subtle, diminish the rights and freedoms of every American; and WHEREAS, it is our obligation as free citizens to do our part in providing equal housing opportunities to all men and women, and to support both the letter and the spirit of State and Federal Fair Housing Laws, NOW, THEREFORE, I, RON KIM, Mayor of the City of Saratoga Springs, hereby join in the national celebration by recognizing and proclaiming April 2022 as FAIR HOUSING MONTH Dated: April 5, 2022 _______________________________ RON KIM Mayor  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NY TO ESTABLISH AN ASSIGNMENT FOR PARTICIPATORY BUDGETING Be it resolved, by the City Council of the City of Saratoga Springs NY, as follows: WHEREAS, in an effort to encourage civic engagement and collaborative government, make local democracy more responsive and inclusive, help public officials better understand constituents’ concerns, and help constitutions understand government challenges, the Finance Department proposes the initiation of a program known as “Participatory Budgeting (PB); and WHEREAS, PB invites the public to directly submit expenditure initiatives and directly vote on their choices for City funding consideration. A PB committee helps the public develop ideas, vets submitted projects, and considers the final choices. It tallies and submits votes to the Commissioner of Finance. The Commissioner reviews for compliance with City policies, financial viability and available revenue, then submits her roster to the City Council for approval; and WHEREAS, year one of the program will be a Pilot. A PB Rule Book will be provided to the PB Committee as well as the Council, along with draft forms and marketing plans for use in implementing the Pilot. The process and documentation will be subject to comment, review and revision; and WHEREAS, the goal of this resolution is to establish a funding mechanism for the PB for City Council adoption. NOW THEREFORE BE IT RESOLVED, 1. The City Council establishes “An Assignment for Participatory Budgeting”. All assignment amounts used for project initiatives shall require a finding by the Council that the amount of the proposed project provides a public benefit equal to or greater than the amount of the grant; and 2. Assignment amounts shall be available for projects as well as costs associated with program administration, including but not limited to outreach and monitoring; and 3. The Assignment will be funded using unassigned fund balance in amounts as follows: a. up to 0.25% of the 2022 General Fund Budget, and with the final amount to be approved by Council.  b. up to 0.25% of the ensuing years General Fund Budget, beginning with FY 2023 and with the final amount to be approved by Council. c. The Participatory Budgeting Assignment will be replenished each year if/when the City’s audited financial statements, indicate that the City has an unassigned fund balance of not less than 10.00% of the total adopted budget expenditures of the General Fund as determined via section E(2) of the City’s Fund Balance Policy. d. The funding of this program shall not cause the City's general fund unassigned fund balance to fall below the 10%, of the total adopted budgeted expenditures of the General Fund as defined by the fund balance policy. e. Assignment amounts available for use each year shall be “up to” the amounts available in the Assignment. Unused amounts shall remain in the Assignment for future use. At no time shall the total amount in this Participatory Budgeting Assignment exceed Two- hundred thousand dollars ($200,000). f. Subject to the items b-e above, other funding resources may be used as the Council deems appropriate. AYES: ________________ NAYS: ________________ Dated: April 5, 2022 ________________