City Council

CITY OF SARATOGA SPRINGS City Council Meeting May 17, 2022 City Council Meeting Room : P.H. - UDO Amendment 1 - Remove Uses From Greenbelt : P.H. - UDO Amendment 2 - Land Use Boards Criteria for Greenbelt : P.H. - UDO Amendment 3 - Enhance Stream and Wetland Protections : P.H. - UDO Amendment 4 - Amend Land Disturbance Activity Permit 06:45 PM P.H. - Amend City Code Re: Alcohol Sales and Use 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S): EXECUTIVE SESSION: CONSENT AGENDA 1. Approval of 5/2/2022 Pre-Agenda Meeting Transcript 2. Approval of 5/3/2022 City Council Meeting Transcript 3. Approval of Temporary Outdoor Dining Permits as of 5/13/2022 4. Approve Budget Transfers - Regular 5. Approve Budget Amendments - Insurance 6. Approve Budget Amendments - Regular 7. Approve Payroll 05/06/22 $834,168.38 8. Approve Payroll 05/06/22 #2 $15,285.49 9. Approve Payroll 05/13/2022 $399,753.36 10. Approve Mid-Warrant - 2022, 22MWMAY1 $52,763.02 11. Approve Warrant 2022, 22MAY2 $383,822.16 MAYOR’S DEPARTMENT  1. Announcement: Saratoga High School Mock Trial Team 2. Announcement: Appointment of Chair to Ethics Board 3. Announcement: Appointment to Community Development Citizen Advisory Committee 4. Announcement: Summer Season Open for CDPHP Cycle 5. Announcement: All Together Now: Arts Celebration Weekend June 2-5 6. Announcement: June 8 Public Forum on Strategies and Response to Homelessness 7. Announcement: Report on Status of Email Distribution to Private Parties 8. Announcement: Civilian Review Board Procedure 9. Discussion and Vote: Approval to Pay Invoices of $2939 and $4351 to Goldberger & Kremer for Legal Services 10. Discussion and Vote: Merit for Review and Referral to Design Review Committee - Proposed Amendments 1 and 2 of the UDO 11. Dicussion and Vote: Discussion and Vote: Approval of MOU Between The Department of Navy and The City of Saratoga Springs 12. Dicussion and Vote: Resolution - Title 8 (Legal Matters) 13. Dicussion and Vote: Authorization for Mayor to Sign Youth Service Project Minor Contract with the County of Saratoga 14. Dicussion and Vote: Authorization for Mayor to Sign the Co-Sponsor Agreement with Saratoga Youth Boxing Association 15. Dicussion and Vote: Authorization for Mayor to Sign the Co-Sponsor Agreement with Rock Your Fitness Boot Camp 16. Discussion and Vote: Establish Title and Salary for Program Director in Recreation Department 17. Set Public Hearing: Amend Capital Program and Budget for the Recreation Playground and Facilities Project utilizing Subdivision Recreation Fees 18. Set Public Hearing: Amend Capital Program and Budget for the Recreation Skate Park Project utilizing Subdivision Recreation Fees ACCOUNTS DEPARTMENT .1 iDs cus sion and Vote: Amend Chapter 61 Re: Alcohol Sales and Use .2 iDs cus sion and Vote: Resolution of Official City Newspaper .3 Discussion and Vote: Authorization for Mayor to Sign Contract with New York State Industry for the Disabled ( NYSID) for Design Review Scanning .4 Announcement: Grievance Day is Tuesday, May 24, 2022 .5 Announcement: Cannabis Update .6 Announcement: Temporary Outdoor Dining Update .7 Set Public Hearing: Amend Chapter 136 Entitled Lodging and Eating and Drinking Establishments - Temporary Outdoor Seating Area Permits .8 Update: Special Events .9 Set Public Hearing: Amendment to Chapter 199A - Special Events 0 .1 Award of Bid: Polyaluminum Chloride to Holland Chemical .1 Award of Bid: Geyser Crest Well #7 Construction to Layne Christensen Company 2 .1 Announcement: Southside Cemetery Restoration 3 .1 Announcement: Update: COVID and Planned City Activities FINANCE DEPARTMENT 1. Update: ParticipatoryBudgeting 2. Update: City Finances 3. Discussion and Vote: Use of Assignment - IT Initiatives 4. Discussion and Vote: Budget Amendment - Assignment for IT Initiatives 5. Discussion and Vote: Authorization for Mayor to Sign Addendum 1 with Granicus for Peak Management - Updated Agenda Software 6. Approve Budget Amendments - Benefits 7. Discussion and Vote: Budget Transfers - Payroll 8. Announcement: Transparency Portal on City Web - LIVE! PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Department of Public Works Sick Bank Request 2. Discussion and Vote: Authorization for Mayor to Sign Contract with Alpha Boats Unlimited dba Barber Welding Inc for an Aquatic Weed Harvester and Tilt Deck Trailer 3. Discussion and Vote: Authorization For Mayor To Sign Contract With Layne Christensen Company for the Geyser Crest Well 7 Construction Contract In the Amount Of $99,465 4. Discussion and Vote: Authorization for Mayor to Sign Contract with Holland for Water Treatment Plant Chemicals 5. Announcement: Deputy Commissioner of Public Works 6. Announcement: Water Main Distribution Pipe Replacement Project Update 7. Announcement: Milling and Paving Schedule PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to sign Ricoh contract lease agreement change for DPS 2. Discussion and Vote: Authorization for Mayor to sign Addendum 2 with Therapeutic Horses of Saratoga Inc. 3. Discussion and Vote: Pay increase for track season Vehicle Traffic Controllers from $10.50 per hour to $15 per hour 4. Discussion and Vote: Authorization for Mayor to sign Educational Agreement with Momentive Performance Materials 5. Discussion and Vote: Authorization for Mayor to sign Agreement with Community Emergency Corps, Inc. SUPERVISORS 1. Matt Veitch 1. Gas Tax Resolution 2. Buildings & Grounds Update 3. County Bike Routes 4. Economic Development Funding 2. Tara N. Gaston 1. COVID-19 Update 2. Gas Tax Resolution 3. ARPA Non-Profit Funding 4. Infant Feeding Resources ADJOURN May 17, 2022 City Council Meeting May 17, 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 Jason Golub, Commissioner of DPW Matthew Veitch, County Supervisor Tara Gaston, County Supervisor STAFF PRESENT: Angela Rella, Deputy Mayor Stacy Connors, Deputy Commissioner of Accounts Heather Crocker, Deputy Commissioner of Finance Joseph O’Neill, Deputy Commissioner of DPW Anthony Izzo, City Attorney STAFF EXCUSED: Jason Tetu, Deputy Commissioner of DPS 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. Page 5 of 13 May 17, 2022 City Council Meeting PUBLIC HEARING UDO Amendment 1 – Remove Uses From Greenbelt Mayor Kim opened the public comment period at 6:45 p.m. No one spoke. Mayor Kim closed the public comment period at 6:46 and kept it open. UDO Amendment 2 – Land Use Boards Criteria for Greenbelt Mayor Kim opened the public comment period at 6:47 p.m. No one spoke. Mayor Kim closed the public comment period at 6:47and kept it open. UDO Amendment 3 – Enhance Stream and Wetland Protections Mayor Kim opened the public comment period at 6:48 p.m. No one spoke. Mayor Kim closed the public comment period at 6:48 and kept it open. UDO Amendment 4 – Amend Land Disturbance Activity Permit Mayor Kim opened the public comment period at 6:48 p.m. No one spoke. Mayor Kim closed the public comment period at 6:49 and kept it open. Amend City Code Re: Alcohol Sales and Use Mayor Kim opened the public comment period at 6:50 p.m. Commissioner Moran stated the section of the Ordinance to Amend City Code Chapter 61, which included Congress Park and the Canfield Casino, had been removed due to the importance of newly appointed DPW Commissioner Golub to be in the conversation and decision-making process of those two properties that fall under Commissioner’s Golub purview. Moran stated there had been second change from the original ordinance to amend chapter 61-1.5 in subsection b , as follows: “Sale, possession and consumption of alcoholic beverages at one or more approved designated areas at an event for which a Special Permit has been issued under the provisions of Chapter 199A of the City Code. Such areas shall be designated on a plan or map submitted with the Special Permit application and shall be separately approved in writing. Such accommodation shall only be Page 6 of 13 May 17, 2022 City Council Meeting made for events sponsored by a charity, not for profit, 501(c)3, or other similar noncommercial entity,” had been a recommendation brought forth by Mayor Kim. Moran stated to agree not-for- profit charities and noncommercial entities were the types of organizations that would be able to make use of the amended ordinance, due to the City inclination to provide accommodations where they make sense, able to be controllable, and properly licensed. Moran stated the above stated changes to the ordinance would be brought forward during the Accounts Department Agenda to vote on during the meeting. Sam Brewer of Lake Avenue, Saratoga Springs, stated to have read Commissioner Moran’s proposed changes to the ordinance and stated to fully support the Commissioner’s efforts to liberalize drinking and imbibing in outdoor spaces. Brewer endorsed the addition of more caveats to make it easier for outdoor festivals to drink and imbibe in a controlled setting. Mayor Kim confirmed the Public Hearing’s on UDO Amendments 1, 2, 3, 4 had been kept open and are before the City and County Planning Boards. Mayor Kim confirmed with Commissioner Moran the Public Hearing on Amending Chapter 61 – Alcohol Sales is use is closed and would be up for a vote later in the meeting. Mayor Kim closed the public comment period at 6:53 p.m. CALL TO ORDER Mayor Kim called the meeting to order at 7:00 p.m. Roll Call Moran – Ayes Sanghvi – Ayes Kim – Ayes Golub – Ayes Montagnino – Ayes Veitch – Ayes Gaston – Ayes Izzo – Ayes Mayor Kim stated on Saturday, May 14, 2022, a domestic terrorist killed 10 New York State residents, and asked all to rise for a moment of silence for the fallen heroes. Kim asked each Commissioner and Supervisor to say a name of the fallen: Moran named Ms. Celestine Chaney, Sanghvi named Roberta Drury, Golub named Andre Mackneil, Montagnino named Aaron Salter, Veitch named Katherine Massey, Gaston named Margus D. Morrison, and Mayor Kim named Heyward Patterson, Geraldine Talley, Ruth Whitfield, Pearl Young. Page 7 of 13 May 17, 2022 City Council Meeting PUBLIC COMMENT Mayor Kim reminded the audience there is one (1) rule and three (3) suggestions: the rule is each speaker would have two (2) minutes to speak. Kim stated the suggestions to the audience are to 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. Mayor Kim opened the Public Comment period at 7:02 p.m. John Kaufman of White Street, Saratoga Springs stated Commissioner Moran had complained about misinformation spread on social media. Kaufman stated Moran ignored emails Kaufman sent to Moran and Sanghvi regarding city policy issues. Kaufman stated in order for Moran to live up to promises of transparency, Moran would be required to engage by providing responses to emails. Kaufman stated barriers had been installed as part of the temporary outdoor dining policy. Kaufman stated it to be his understanding the procurement policy required the Council’s approval of the expenditure of the barriers. Kaufman stated Mayor Kim had engaged Miller Mannix Law Firm to pursue an appeal of Judge Waite’s decision dismissing the Church Street Trust case. Kaufman stated should the appeal by Miller Mannix be successful the result would be Judge Waite rehearing the case. Kaufman stated to feel the appeal to be pointless, since the Building Department had submitted a complaint on the same issue and would be heard in Municipal Court. Kaufman stated to not understand why the City would spend public money on the appeal. Sam Brewer of Lake Avenue, Saratoga Springs stated that one evening there had been a large possum foraging for food in his backyard. Brewer stated days later to have gone to Congress Park and found a duck egg left behind by one of the park ducks. Brewer stated it to be a moral problem with the signage throughout the park, which states “do not feed the ducks,” and there are too many ducks. Brewer stated to disagree with there being too many ducks. Brewer stated ducks lay eggs humans can eat, and once the ducks leave the park, duck hunters will produce more ducks to sell to restaurants instead of chickens and the City would have more food. Commissioner Moran stated the ducks at Congress Park are hybrid ducks, and cannot fly or migrate like other ducks. Moran stated the new DPW Commissioner would be able to look into Brewer’s concerns regarding the ducks. Moran stated his wife is associated with North Country Wild Care and had received many calls regarding the ducks in the City, where the ducks are considered residents of the City of Saratoga Springs. Moran stated when the Wild Care Center received calls of injured animals within the community; those animals usually end up at Moran’s house for Mrs. Moran to care for. Moran recommended Brewer call regarding the possum. Dan Morano of Saratoga Springs stated to have email the Council. Morano stated to represent crime victims and worked doing crime victim stuff. Morano sated to have handout to be added to the record. Morano stated anyone living in Saratoga Springs who were in need of the police had the option of State and County Police. Morano stated to spend money on police in the City of Saratoga Springs to be a waste of money. (Attachment) Mayor Kim concluded the public comment period at 7:12 p.m. There were no Presentations nor Executive Session. Page 8 of 13 May 17, 2022 City Council Meeting Mayor Kim moved to the first item on the Mayor’s Agenda, and introduced the Saratoga High School Mock Trial Team. 1. Announcement: Saratoga High School Mock Trial Team Mayor Kim announced the Saratoga High School Mock Trial Team were crowned 2022 Saratoga County Mock Trial Champions a mock trial competition hosted by the Saratoga County Bar Association (NYSBA). Kim stated the final round were held in Wilton Town Court with Justice Matthew Coseo presiding where the Saratoga Springs High School team beat Schuylerville High School. Kim stated Tim McGuiggan to be the team’s advisor. McGuiggan stated each year the NYSBA announced the case and topic each year, and the topic the team tried had been Securities Fraud criminal case. McGuiggan stated the team’s attorney advisor Jim Leary had been the backbone of preparing the students. McGuiggan stated Leary worked on a volunteer basis for the school and team, and is a Saratoga Springs High School graduate and former member of mock trial. McGuiggan stated the team made it to the semi-finals. McGuiggan stated the team is a time commitment for the students. Commissioner Montagnino stated the NYSBA would be hosting a Mock Trial luncheon in honor of the victors. CONSENT AGENDA Mayor Kim moved and Commissioner Montagnino seconded to approve the consent agenda as listed. 1. Approval of 5/2/2022 Pre-Agenda Meeting Transcript 2. Approval of 5/3/2022 City Council Meeting Transcript 3. Approval of Temporary Outdoor Dining Permits as of 5/13/2022 4. Approve Budget Transfers - Regular 5. Approve Budget Amendments - Insurance 6. Approve Budget Amendments - Regular 7. Approve Payroll 05/06/2 $834,168.38 8. Approve Payroll 05/06/22 $15,285.49 9. Approve Payroll 05/13/2022 $399,753.36 10. Approve Mid-Warrant - 2022, 22MWMAY1 $52,763.02 11. Approve Warrant 2022,22MAY2 $383,822.16 Ayes – All SUPERVISORS Matthew Veitch Gas Tax Resolution Supervisor Veitch reported on the Saratoga County Gas Tax Resolution passed last week. Veitch stated the resolution, which passed waves the County portion of sales tax on gas sales when the price is over two dollars per gallon. Veitch stated the consumer is taxed on the first two dollars per gallon, and monies above two dollars per gallon would be waived from the county tax Page 9 of 13 May 17, 2022 City Council Meeting perspective. Veitch stated the resolution to begin June 1, 2022, through September 1, 2022. Veitch stated this gas tax to be a quarterly tax with the option to renew. Veitch stated the resolution would be in addition to any State gas tax waiver. Veitch stated the resolution would be a 3% per gallon savings and would not be of significant savings per fill up. Veitch stated he had voted for the resolution, because he felt every little bit would help families in tough economic times. Building and Grounds Update Supervisor Veitch stated the Building and Grounds Committee passed a resolution at the Board of Supervisors Meeting on a conservation easement on County forestland in the Towns of Wilton and Northumberland. Veitch stated the County monitors the County Airport, and there were seasonal needs throughout the spring and summer to mow the grass. Veitch stated the airport to be a habitat for karner blue butterflies. Veitch stated parcels of land were traded in equal parts throughout the county to plant blue lupin to foster new habitats for the butterflies. Veitch stated the resolution had been approved by the NYSDEC and federal government, due to it being an airport and the FAA’s requirement to be involved. Veitch stated there to be a conservation easement over the county land to maintain the karner blue butterfly habitat. Veitch state the project would be completed with an agreement with the North American Land Trust, which the County and City worked with to establish same type of habitat at Beaver Pond Village off Geyser Road. Veitch stated recreation walking paths would be established in the areas of the new butterfly habitats. County Bike Routes Supervisor Veitch stated during Fall 2021 the County approved a bike route map, which had encompassed the entire county for bike lanes and bike routes along county roads. Veitch stated the County DPW would be installing bike route signs throughout the 2022 summer. Economic Development Funding Supervisor Veitch stated the Economic Development Funding Committee and Law and Finance Board had met during the past week. Veitch stated over the past three (3) years the economic developments grants had $150,000 to bestow on county cities and towns, which equated to $7,100 per entity. Veitch stated due to the dissolution of the Saratoga County Prosperity Partnership, the County gained approximately $350,000 and some of those dollars would be merged with the economic development funding to allocate. Veitch stated each town and city would be able to apply for $14,200 worth of grants due to the reallocation. Veitch stated grants applications would come out over the summer. Veitch stated the most recent grant to the City of Saratoga Springs had been used for the Visitor Center. Veitch stated money had begone to be set aside for the 250th Anniversary of the Saratoga Battlefield, which would have national attention. Supervisor Tara Gaston COVID-19 Update Supervisor Gaston stated the County COVID-19 rolling positivity rate had been reported to be at 14%. Gaston stated approximately 60 cases per one-hundred thousand, which had been the rate at the beginning of the pandemic. Gaston stated there had been an increase in the reinfection rate. Gaston stated hospitalization is 0.37% of those fully vaccinated. Gaston stated the FDA had approved a booster vaccine for ages 5 years to 11 years old. Page 10 of 13 May 17, 2022 City Council Meeting Gas Tax Resolution Supervisor Gaston stated to have cast a vote against the Gas Tax Resolution. Gaston stated the reasoning were the changes to tax structure are normally done by local law. Gaston stated the bill had been pushed through by the Governor, and there was no public comment on the matter. Gaston stated the cost savings to the public would be low and would mean less sales tax to the municipalities. Gaston stated smaller municipalities use the tax dollars for their highway fund. ARPA Non-Profit Funding Supervisor Gaston stated the County received over 170 applications for the two-million dollars in funding, which Gaston stated to have asked for five-million dollars for the non-profit fund. Gaston stated a sub-committee had been appointed, and it was Gaston’s hope to ensure the Saratoga Springs not-for-profits were able to get their fair share of funding. Mayor Kim asked Gaston how many Saratoga Springs non-profits applications were received. Gaston stated to not have the number of City applications, and would work to receive the number. Infant Feeding Resources Supervisor Gaston stated there to be a national shortage of formula. Gaston stated there to be a formula and diaper swap held at Allo Saratoga on Lawrence Street on the upcoming Sunday. Gaston stated the FDA would be moving forward on addition resources and encouraging other manufacturers to produce, and feel supply would be back to normal in a few weeks. Gaston stated for those in need of help to reach out to the County DSS or EOC, or the County Supervisors who oversee the Public and Mental Health Departments. Gaston recommended not to water down formula or move to another substance. Supervisor Gaston stated the Special Master who had been appointed by the Steuben County Judge had presented draft maps of congressional and state senate races. Gaston stated the those who’d like to make a public comment to the Special Master to email bwise@nycourts.gov. Gaston stated there would be significant changes for Saratoga Springs, which is in the 20th congressional district to be changed to the 21st congressional district. Gaston stated Saratoga Springs would be merged to the state senate district comprised almost entirely with Saratoga County districts along with Schenectady and Niskayuna. MAYORS DEPARTMENT 2. Announcement: Appointment of Chair to Ethics Board Mayor Kim announced Brendan Chudy would step down as Chairman of the Ethics Board, and would remain on the board as a member. Kim stated during the April 5th City Council Meeting Susan Barden would be appointed Chair, and Kim had announced the appointment had been completed for Susan Barden as Chair of the Ethics Board. 3. Announcement: Appointment to Community Development Citizen Advisory Committee Mayor Kim announced the appointment of Alexus Brown to the Community Development Citizens Advisory Committee. Kim stated Brown to be a community activist and volunteer. Kim Page 11 of 13 May 17, 2022 City Council Meeting stated Brown established Saratoga Free Fridge, which is located on Beekman Street and provides for free and fresh food to the Saratoga Springs community in need. Kim stated Brown developed resources through crowdsourcing and made connections with local farms and business to provide food 24/7. Kim stated Brown most recently served on the Search Committee for Commission of the DPW. Kim stated Brown’s appointment effective this meeting. 4. Announcement: Summer Season Open for CDPHP Cycle Mayor Kim announced the CDPHP had contacted the Mayor’s Office to announce the bicycle program had started and the bicycle had been placed in the allocated locations around the City for public use. Kim stated in 2021, 5,382 CDPHP bicycles were used through the City of Saratoga Springs. Commission Moran stated there had been a presentation by the CDPHP at a City Council Meeting earlier in the year of scooters. Kim stated CDPHP would put together scooter demonstrations and safety sessions throughout the City and roll out a program after June 1, 2022. Kim stated the three (3) CDPHP proposed locations for scooter racks would be near the racetrack, High Rock Park parking garage, and Hamilton Street. Kim stated the scooters would be available during set times during the days, and there to be restrictions on certain locations of use. Kim stated the scooter programs were successful in Albany, Schenectady, and Troy. 5. All Together Now: Arts Celebration Weekend June 2 – 5 Mayor Kim announced the All Together Now Arts Celebration Weekend to be June 2 – 5, 2022. Kim stated the event would be a festival and collaboration with local cultural organizations to kick off the summer season and to celebrate our vibrant arts community. Kim stated SPAC, Caffe Lena, and Skidmore College had come together to launch the first of its kind arts celebration. Kim stated some highlights to be Lindsay Webster at Caffe Lena. Mikhail Baryshnikov photographs inside The Pines, and the first ever Saratoga Arts Community Talent Show. Commissioner Golub stated the arts community have a vision for Saratoga Springs to be a cultural destination. Commissioner Sanghvi stated the City had world class organization from the Yaddo to SPAC to the Tang Museum. Sanghvi stated the Arts Celebration Weekend program would start the tourism season a month earlier than traditionally seen in Saratoga. Golub stated the cultural tourist spend 60% more money than other tourists in Saratoga Springs. Kim stated Saratoga.org/arts to be the website of the full lineup. 6. Announcement: June 8 Public Forum on Strategies and Response to Homelessness Mayor Kim stated the Mayor’s Office routinely received phone calls each year during the spring regarding the homeless issue in Saratoga Springs. Kim stated the homeless issue would become more visible to the community, because the Code Blue Shelter closes and due to people being out more. Kim stated to be in contact with RISE, Captain Community Human Services, local shelters, and the Salvation Army to reach out to the community to address homelessness in the community, and to address plans the City and the organizations had discussed to ensure compassion, safety, and that the law is being abided by the citizens of the City. Kim stated the Public Forum would be held at the City Center. Kim stated DPS Commissioner Montagnino would be in attendance to speak on the public safety aspect. Kim stated the forum would be the time for the public to attend and be heard, and to learn. Commissioner Moran gave thanks to Commissioner Golub for bringing the subject of homelessness in our community at the interview for Commissioner of DPW. Moran gave thanks to Kim for bringing the forum together. Golub encouraged the public to attend the forum Page 12 of 13  May 17, 2022 City Council Meeting to bring their ideas, so potential outside the box ideas could come forth. Supervisor Gaston gave the support of the County’s Mental Health Department. 7. Announcement: Report on Status of Email Distribution to Private Parties Mayor Kim stated the Mayor’s Office issued a news release regarding the Recreation Department email distribution to private parties. Kim stated the discovery made by the City relating to the Recreation Department email list, had been due to a previous Mayor’s Department agenda item of the Finance Department which oversees the I.T. Department. Kim stated the Recreation Department routinely collected email addresses for community events and opportunities. Kim stated it appeared there had been evidence the email list the Recreation Department has maintained for years may have gone to some private parties. Kim stated the Mayor’s Office does not believe the Rec Department, staff, or Recreation Commission had acted improperly. Kim stated this issue occurred during the former administration. Kim stated once the City became aware of the release of the information. The May 17, 2022, City Council Meeting had been interrupted by an active fire alarm, and the meeting had been adjourned by Mayor Kim at 7:54 p.m. The building had been evacuated. The Meeting did not reconvene that evening due to a fire within the Police Department. The City Council Meeting reconvened the following Tuesday, May 24, 2022, at 7:00 p.m. Respectfully submitted, Barbara Brindisi Assistant City Clerk Approved: July 5, 2022 Vote: 4-0 Absent 1 Page 13 of 13 t-R lft GA co vun CR \ ME v1en s gU HU 1CHI U S R D M I LT O tl , ll Y 120 20 Received MAY 1 7 2022 AccountsDepartment SARATOGA COUNTY - Ethics Alert Notice (Spring 2022) Brought to you by Saratoga County CrimeVictims Folly Of The Armed (The Paradox of Protection) The 'Paradox of Protection' is that when you put on a bulletp roof vest, you're implic itl y in vilin g bullets to be fired at you [and now your torso] - intrins ica lly and unavoidable. And that when you a rm yourse lf with a gun, you're rais ing th e stakes such that the odds of you now being attacked (and with a gun) are now in trinsica lly and inevitably higher than they would be otherwise [plus now the added risk of that gun going off and injuring you persona lly). The point is that weapons and armor only ever (and always do) make you less safe than if you went without them because they [and their presence) invite and normal ize th reats. These truths c an be statistica ll y verified. Those who don't carry weapons don't invite arme d conflict, is the takeaway ; those who do always will (implici tly and unavo idably). The natural escalation of just havi ng a gun makes you implicitly and intrinsic ally less safe than if you didn't - every time (the excep tion being when your environment is so extreme that it necessita tes it - like in a warzone; but since those conditions don't apply here so the alte rnative is a lways true). But the catch is that the type of people who arm themselves [with guns and vests], are risk- ave rse in s uc h a way that they don't actually want to be safe; their desi re to use weapons and armor (and hence their being in possession of that equipment) means they act ually want and are seeking out conflict - but under the guise of 'protect ion' and 'safety'. But secretly what they want is co nflict and violence; its a Freudian-slip: these people imp lic itly communi cate the ir desire for blood by cla iming to want to be protected and under that guise load up on weapons and armor. They want violence but can't/won't admit it - so they seek it out thru less honest means (under the guise of protectio n ji-0111 violence). It's simple supp ly-cha in logic; t hose who carry guns have an implic it desire to shoot someone - that's why they choose to carry a gun. The sa me can't be said for those who don't (they could have that desire, but we have no evidence of it; not like we do with the people who do carry guns). This is also why our police wi ll resist giving up their guns; their [co vert and in nate] desire for violence (and the chance to shoot someone lega lly), trumps the principl e of 'Public Safety' that they cla im to be here upholding in the firs t place (and beca use they probably never studied statistics). T he problem is that our city (and most others) have put these 'risk-averse types' into sit uations where their 'aversion to risk ' that enables (a nd probably compels) them [emotionally] to want to carry a gun around all-day, infr inges on the rights (and des ires) of the non-'ri sk-averse types ' [peop le who are uncomfortable with all guns - and particularly uncomforta ble with a whole department of loca l police having them]. So I think the only fa i r way to compromise in this type of situation is to look closely at the environment (in this case the city of Saratoga Springs), and honestly assess if this town (and its risks - as they are) necess itates the types of ris ks that come with all those guns; I would argue that it doesn't. Losing The Thrill-Seekers ("The Thrill Is Gone" - B.B. King) A certain seg ment of our (inordinately large) law enforcement community are people who are in this work fo r the thrills - and I know that because they put on guns and vests in a town where nobody eve r ge ts sho t and run around all- day like its no rma l. They're the ones who will st ubbornly (and irrationa lly) defend having lethal risks in SO-p laces a day [or wherever SSPD's armed officers happen to roam] but for no explicable reason. Hopefully those types [the thrill­ seekers] will choose to pack up and move along when the thrills (guns) are taken out of the job (as I intend to do]. Law enfo rc e ment should be make up of respo nsible peo ple (who acknowledge guns are dange rous and counter to the very notion of 'Public Safety') and not thrill­ seekers fwho ins ist ot her wise l . S ARATOGA COUNTY - Ethics Alert Notice (Spring 2022) Brought to youby Saratoga County Crime Victims Arbitrary Uses of State Power The more police you have, the more people you'll have getting pulled over (predictably). And more people getting searched, and more people getting charged with thin gs like [drug] possess io n*; meanwhile, have police made anyone safer by maki ng a traffic stop that only now happened because a guy went to work as a cop that day - and he's only now writing tickets (sitting on the side of a road somewhere watching a speedometer) because there are no actual cr imes happening; and now a grown ad ult (who's going to possess whatever they' re go ing to possess - jus t as any adult does as they will) is potentially going to go to jail so that some cop can make a paycheck where he goes to work - decides there' s nothing to do - then goes and pulls people over for no reason other than having a jo b where you remedy a problem that largely doesn't exist (Saratoga Springs has never had crime problems - just problems with excessive and unprofessio nal policing). Examples like this are the nature of the problem in Saratoga, and have been for a long time. Saratoga Springs has a huge number of people who want to be police (or more precisely, a huge number of people w ho want to get paid to be police), but yet a very sma ll number of people who commit the type of crimes that put our 'Public's Safety' at-risk. These things are objectively true (the num ber of people ser io usly physically-injured by crimes in Saratoga Springs has only eve r been very low), such that the number of police (and the extent to which they're armed) in this low-crime town is co mpletely inapp ropriate. The majority of charges that come out of SSPD are nuisa nce charges - things like traffic tickets and possession charges; things police do when there's nothing e lse to do. And the bulk of these arrests and charges exist purely so men can make money doing a job that our town largely doesn't need done (polici ng Saratoga Springs is like mopping a clean floor). The cost of living in this ci ty (and the fact that it costs a lo t to live here), is what keeps the crime-rate low (and always has) - not the police. All our police do is add ris ks (like that of being shot - or disproportio nately being charged with nuisance crimes like possessio n) to a c ity that is ot herwise largely devoid of real 'public safety'- threatening types of risks. We (this city) needs to stop paying so many men [SSPD] to keep doing this to our city (policing it unnecessa rily). Nobody's Clamoring For More Police The only people in this county who are res istant to the idea of reducing the volume of police in this county are the peo ple vvho make money from policing (and their associate d friends/families); and they're the sa me ones who turn out as 'counter-protesters' when BLM is in town. They're also the sa me people referenced recently (in the paper) as having Confederate flags on their jackets when they turn up at City Council meetings; those people are PEA-affiliates. Friends and family of the police - they probably a ll have PBA stickers on their car - and I know they' re police affiliates because they only ever [and always do] turn up when SSPD is having problems (like they did with BLM last summer), I consider our former Public Safety Commiss ioner (Robin Dalton) to be among this group - her time 'oversee in g' SSPD was such that she was their ena bler; not their regulator. l expect SSPD groomed and recruited her specifically to 'oversee' them; which is why she was so thoroughly bad at it. Police in our tow n get paid (on the scale tha t they do) based on the perpetuation of a very particular li e - that without them [SSPD], people in our town so mehow wouldn't be 'safe'. And the flip-side of that lie is that their presence (SSPD) somehow makes the people in the city safe. Niea nwhile, I honest ly can't thin k of a bigger risk in thi s county than its police (and their guns), and I think most of our public feels similarly [but have probably been intim idated into not communica ting it - literally]. • Peopl e e it h er do drugs or1 hcy don' I: a cop charging someon e who does drugs wilh possessing drugs prncticnlly never resolves 1hn1 pers on's problems: nnd [c iting pe po l e who clo drugs with crimes for possession fo r what's objectively a health proble m (drug addictio n) - not a criminal problem), prelly mucho nly evercomp oun ds t hose people 's problems. The (seve ral) times police confisc:11ed my mar iju ana, ii only ever compounded my problems: ii didn'I solve the.m SARATOGA COUNTY - Ethics Alert Notice (Spring 2022) Brought to you by Saratoga County Crime Victims The Real Threat To 'Public Safety' I lived on Ca roline Stree t in 2008 for about six months; right above The Bullpen - I (shared) a thir d-floor apartment overlooking the bars. There were probably 3-5 fights a week during that summ er; most of the time cops never eve n showed up - things wo uld develop (people would get rowdy), climax (a fight would break out), and cool back down (they'd get broken up - people would go their separate ways). After living there a few months, they became predictable (al least 3 fights during a weekend; 1 or 2 fights during the week); where people gather and drink they get rowdy and where they get rowdy they fight. Predicta bly. Fights on Carolin e St. are a trade-off for having a bar sce ne - people attracted to bar scenes are the type of people who like to fight; predictably. It's always been that way and will always be that way - there's nothing new about it. As long as Caroline Street has bars and a nightlife there will be fights; their frequency and intensity will vary (like with th e seaso ns - and like when the police are present or not) , and the particular bars that fights spill out of will change, but fights on Caroline Street will continue to coincide with the nightli fe (and often continue eve n when police are present). People who like to drin k a nd fight often aren't the type to back down just because police are th ere, so it's mistaken to think inser ting police would somehow solve the problem , or that the phenomenon will stop as long as the bars are s till th ere. If we didn't have a nightlife on Caroline St, we wouldn' t have fights; but we do so we will. My main takeaway from this latest story with Gaffney's and fights on Caroline Street was how much more dangerous that situation becomes when you inser t ar med office rs int o those situations ; at any point someone could have reached for an office r's gun and something dange rous (drunk people fighting) could have turned deadly (drunk people fighting but now with access to guns in troduced by SSPD's reckless office rs). This phenomenon (of everyone experiencing higher risks because of any gun, anywhere), now exists in as many places as there are SSPD's armed officers and those risks [elevated risk of injury because of nearby guns] will continue to be unne cess arily (and m ustifiably) high until SSPD's officers are disarmed. 'The Public Harm Department'? People in our town [and our 'Public's Safe ty'] are put at greater risk by app roaching one of SSPD's officers and ask ing for help (and potentially spooking them and getting shot by them), than th ey are for half the situation s you'd actually call SSPD for in the first place; I'd let a pett y larceny go if I thought the cop I'd need to call to repo rt it might show up heav ily-armed and could potentia lly (unlikely as it may be) shoo t someone; and that' s the truth. People without g1ms ca n't shoot anyone; when someo ne' s nearby with a gun, anyone could get shot - is how l c alc ulate risk. The only time people are at risk of being shot in the city of Saratoga Springs is when they come in close proximity to one of SSPD's officers; their officers are the on ly people in our tovm who feel it necessary to walk around with guns , and despite what's probably now decades of people in Saratoga Springs not getting shot (like ever that I can recall) , SSPD has become so militarize d, they're not only armed with guns, but even have bulletproof vests . And for what? Who are they respondin g to with all this hardware [guns and vests]? Do you have any idea how complete ly inap propriat e it is for th em to be so hea vily-armed in a town without a viole nce problem? These things [SSPD's guns] have become normali zed over time (and by past administ rations), but aren't norma l a nd are increasingly unacce ptable as far as I'm concerned. I expect SSPD has strategically stocked up on weapons so they can deliberately dissuade th e public from interacting w ith them - that way they can do less work. And theya ls o seem to be addicted to adrenaline - I see no other reason for being so heavily-armed. Beingar m e d w it h han dg uns is reckless and both disingenuous and antithetica l to the concept of 'Publci Safety'. SARATOGA COUNTY - Ethics Alert Brought to you by Saratoga Counry Crime Victims Policing Is Dysfunction This behavior underl ying policing - to essentially stalk and abduct people - but 'lega lly'; is dysfunction. Just because everyone is doing it doesn't mean it isn't dysfunction. The reason so many people do it (policing in our county), is beca use this dysfunction has gone unchecked for this lo ng - and has bee n allowed to grow; by men who frankly aren't open to negotiation. They do as they will despite (and often in spite) of the rest of us. That's coming to an end - officia lly, and predictably. You're either a hea lth y human being and demonstrate a full range of emotions (including empathy and compass ion) - or you don't and you aren't. Becoming a police officer officially shuts off certai n emotio ns - eve ry time. They're all - by definition - dysfunctional; statist ically and know-ab ly. They cannot be trusted to make certain high level decisions - li ke carrying guns. They simply a re not equipp ed [in tellec tually or emotio nally] to make those types choices. But people in Saratoga Springs seem to be making it up as they go along and don 't know that for some reason. The Problem A certain set of middl e-aged men [and others] in our town have arrived at the concl usion that if the y work as 'local polic e' - that the y can then abuse o ur public. Like by showering risk on us - by insisting on carrying guns in a town where people don't get shot. That's abuse; don't be mistaken. These are damaged and abusive men who are hiding behind the 'v irtues of a badge' to abuse anyone and eve ryone they come in contact with. T he archetype of 'police officer' is in itse lf a busive - you're gaining an unfair psychological advantage over people - every time. Statisticall y and know-ably. Either you go to shake someone' s hand and you do it cleanly - or you spit on it first. Or you show up with a gun and now half of everyone wont shake your hand. Or you have on a gun and spit on your hand . These things are knowable and objective and observable. People who show up with a gun are passive-agg ress ively abusing people by exposing them to unnecessa ry risks (unless there's a legitimate reason to think the gun was needed) - the person spitting on their hand is [more aggressively] exposing people to risks as well (but with germs). People whose job gives them an o ption to bring a gun are choosing to 'abuse [our] public' by expos ing them to unn ecessa ry risks (sin ce our town doesn't have violence proble ms) - and people who spit on their hands are just g ross. These things are objectively and sta tist ica lly true. T he problem is the people who do this (expose others to unne cess ary risks) generally aren' t educa ted in things like statistics and don't know they're doing it - so now they will! :) The Solution I intend to destroy 'police culture' - everyone in this county who has a car with flashing lights is going to need to in creasingly defend (their untena ble) positions - predictably. And will fail. SPECIAL NOTE: A couple younger officers from your Dept. showed up at my house yesterday - a reaction to my mail to SSPD - trying to dissuade me from doing that. They each had their own ca.rs - two of them I thi nk. Making an exa mple of these two - and releas ing them - might be a good shock to the system; one that's hypernorrnalize d. Having too many police is toxic to eve1yone and everythin g - this practice needs to stop. Thanks, everyone. Here is the list of names. Ron will have a hard copy of the list for each of you. Commissioner Moran: Celestine Chaney Commissioner Sanghvi: Roberta A. Drury Commissioner Golub: Andre Mackneil Commissioner Montagnino: Aaron Salter Supervisor Veit ch: Katherine Massey Supervisor Gaston: Margus D. Morrison Mayor Kim: Heyward Patterson Mayor Kim: Geraldine Talley Mayor Kim: Ruth Whitfield Mayor Kim: Pearl Young ii Received I MAY 17 2022 Accounts Depa rtme nt  AN ORDINANCE TO AMEND CHAPTER 136 OF THE CODE OF THE CITY OF SARATOGA SPRINGS, NY, ENTITLED “LODGING AND EATING AND DRINKING ESTABLISHMENTS – ARTICLE IV A – TEMPORARY OUTDOOR SEATING AREA PERMITS” BE IT ORDAINED by the City Council of the City of Saratoga Springs, NY, as follows: SECTION 1: Chapter 136 of the Code of the City of Saratoga Springs, NY, entitled “LODGING AND EATING AND DRINKING ESTABLISHMENTS – ARTICLE IV A – TEMPORARIY OUTDOOR SEATING AREA PERMITS” is hereby amended as follows: 1. Section 136-33.3 is amended to read (new material underlined, old material in brackets); §136-33.3 Establishment of temporary outdoor seating areas The City Council hereby designates the Commissioner of Accounts, with the advice and consent of the Commissioner of Public Works as the officials who together shall have authority to establish areas of public property, including by not limited to sidewalks, and the use of private property identified as parking facilities for commercial purposes or lands immediately contiguous to the business for use by licensed eating and drinking establishments as temporary outdoor seating areas. Temporary outdoor seating areas shall operate in compliance with the New York State Uniform Codes, the Americans with Disabilities Act, and the applicable provisions of the Code of the City of Saratoga Springs. SECTION 2: This ordinance shall take effect the day after publication as provided by the City Charter of the City of Saratoga Springs, NY. ADOPTED: CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK By: ____Dillon C. Moran _________ City Clerk  AMENDMENT TO UDO AMENDMENT 2: ESTABLISH CLEAR CRITERIA AND REQUIREMENTS FOR LAND USE BOARDS TO MAINTAIN RURAL CHARACTER IN THE GREENBELT For Gateway Commercial-Rural: Article 4.5.B.1.b of the UDO should be amended to add an additional requirement as follows: “iv. Design standards in the GC-R District may be exempted by the Design Review Board or Planning Board with a written explanation detailing the exemption as follows: a. The uses in the structure are unique and preclude meeting the rural design standards of the ordinance; or b. The lot configuration is unique and precludes meeting the rural character of the ordinance; or c. That there are extraordinary circumstances unique to the parcel that demonstrates that the design standards cannot meet the rural character objectives of the ordinance.” For the Suburban and Rural Residential Districts: Article 16.10 should be amended to provide an introductory statement as follows: 16.10 DESIGN STANDARDS: “The design standards should be followed but may be exempted by the Design Review Board or Planning Board with a written explanation detailing the exemption as follows: a. The uses in the structure are unique and preclude meeting the rural design standards of the ordinance; or b. The lot configuration is unique and precludes meeting the rural character of the ordinance; or c. There are extraordinary circumstances unique to the parcel that demonstrate that the design standards cannot meet the rural character objectives of the ordinance; or d. The applicant has demonstrated a better way to achieve this rural design objective.”