City Council

CLOSE CITY OF SARATOGA SPRINGS City Council Meeting June 7, 2022 City Council Room : P.H. - Amend Capital Budget for Skate Park : P.H. - Amend Chapter 136 - Temporary Outdoor Seating Area Permits : P.H. - Amend Chapter 199A - Special Events : 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. - UDO Amendment 1 - Remove Uses From Greenbelt Print 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S): 1. Presentation: Skate Park Project Presentation 2. Presentation: Veterans Memorial Park Playground Presentation 3. Presentation: Saratoga Lake Protection & Improvement District (SLPID) 4. Presentation: NYPA LED Street Light Conversion Project EXECUTIVE SESSION: CONSENT AGENDA 1. Approval of 4/19/2022 City Council Meeting Transcript 2. Approval of 4/5/2022 City Council Meeting Transcript 3. Approval of 5/16/2022 Pre-Agenda Meeting Minutes 4. Approval of 5/16/2022 Pre-Agenda Meeting Transcript 5. Approval of 5/2/2022 Pre-Agenda Meeting Minutes  6. Approve Resolution to Use Insurance Reserve #4 7. Approve Budget Amendments - Insurance Reserve #4 8. Approve Budget Amendments - CHIPS 9. Approve Budget Amendments - Insurance 10. Approve Budget Amendments - Regular 11. Approve Budget Transfers - Regular 12. Approve Payroll 05/20/22 $647,991.23 13. Approve Payroll 05/27/22 $414,899.33 14. Approve Payroll 06/03/22 $694,485.57 15. Approve Mid-Warrant - 2022, 22MWMAY2 $8,148.18 16. Approve Mid-Warrant - 2022, 22MWJUN1 $719,213.02 17. Approve Warrant 2022, 22JUN1 $1,763,261.88 MAYOR’S DEPARTMENT 1. Announcement: Voted Best City in Capital District 2. Announcement: Employee Parking in City Center Garage 3. Announcement: Congressman Paul Tonko Support of Federal Funding for RISE's HOMEBASE Project 4. Announcement: June 8 Public Forum on Strategies and Response to Homelessness 5. Announcement: Appointment to Saratoga Springs Arts Commission 6. Announcement: Appointment to Zoning Board of Appeals 7. Announcement: Upcoming Pre-Agenda and City Council Meetings 8. Set Public Hearing: Section 103-a of the Open Meetings Law 9. Discussion and Vote: Capital Program and Budget Amendment for Skate Park Renovation 10. Discussion and Vote: Appointment of Chair to Ethics Board 11. Discussion and Vote: Appointment to Ethics Board 12. Discussion and Vote: Authorization for Mayor to Sign Baseball Camp Co-Sponsor Agreement with Saratoga American Legion/Stampede 13. Discussion and Vote: Authorization for Mayor to Sign the Tennis Co-Sponsor agreement with the Saratoga Regional YMCA 14. Discussion and Vote: Authorization for the Mayor to Sign Agreement with Saratoga Tents & Events for Camp Saradac 15. Discussion and Vote: Authorization for the Mayor to Sign Contract with Camiros for the UDO Implementation. 16. Discussion and Vote: Mayor to Sign Final Engineered Plans PIN 1761.58 Missing Sidewalk Links 17. Discussion and Vote: Mayor to Sign PIN 1761.58 Missing Sidewalk Links PS&E Construction Management Plan 18. Discussion and Vote: Mayor to Sign PIN 1761.58 Missing Sidewalk Links PS&E ROW Clearance Certificate 19. Discussion and Vote: Resolution: Risk & Safety in City Attorney's Office ACCOUNTS DEPARTMENT 1. Announcement: Grievance Day Update 2. Announcement: New Voting Location at Recreation Center 3. Discussion and Vote: Approve Resolution for Fee of Limited Width Sidewalk Seating Areas  4. Discussion and Vote: Amend Chapter 136 Entitled Lodging and Eating and Drinking Establishments - Temporary Outdoor Seating Area Permits 5. Discussion and Vote: Amend Chapter 199A - Special Events 6. Discussion and Vote: Authorization to Reimburse Employee for Conference 7. Award of Bid: Fluoride for Water Treatment Plant to Chemrite, Inc. 8. Award of Bid: Intelligent Transportation System to Greenman-Pedersen 9. Announcement: Update: COVID and Planned City Activities FINANCE DEPARTMENT 1. Announcement: Pride Month - Activities and Events 2. Report: Homeless Services Meeting 3. Update: Participatory Budgeting 4. Update: City Finances 5. Discussion and Vote: 2022 City Fees - DPW Update 6. Discussion and Vote: Resolution for the Use of the Recreation Trust - Skate Park Ramps 7. Discussion and Vote: Debt Service Budget Amendment - Skate Park Ramps (Project #1110) 8. Discussion and Vote: Capital Budget Amendment - Skate Park Ramps (Project #1110) 9. Discussion and Vote: Budget Transfers - Payroll 10. Discussion and Vote: Budget Transfers - City Center Contingency PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Contract with Chemrite for Water Treatment Plant Chemicals 2. Discussion and Vote: Authorization for Mayor to Sign Contract with Resurfix, Inc. for Zamboni Ice Resurfacer Service 3. Discussion and Vote: Authorization for the Mayor to Sign Change Order # 3 with Jersen Construction for General Construction on the Water Intake Improvement Project 4. Discussion and Vote: Authorization for the Mayor to Sign Change Order # 2 with Brunswick Electric Inc for Electrical Construction Services on the Water Intake Improvement Project 5. Discussion and Vote: Authorization for the Mayor to Sign Addendum # 2 with CT Male for Professional Hydrogeological & Construction Services for Geyser Crest Well 7 6. Discussion and Vote: Approval to Adopt Department of Public Works Contractual Template 7. Announcement: Sifi Project Update 8. Announcement: New Park PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Authorization for Council to approve MOA with Saratoga PBA for Lateral Transfers. 2. Discussion and Vote: Authorization for Mayor to sign contract with Greenman-Pedersen, Inc. for Intelligent Transportation System Evaluation 3. Discussion and Vote: Authorization for Council to approve Change Orders #1-#5 to CHA Consulting for Fire Station #3 Capital Project. SUPERVISORS 1. Announcement: Tara N. Gaston  1. COVID-19 Update 2. NYS Legislative Session Saratoga County Impact 3. County Non-Profit Grant Program ADJOURN City Council Meeting May 17, 2022 June 7, 2022 CITY OF SARATOGA SPRINGS City Council Meeting City Council Room 474 Broadway 7:00 PM PRESENT: Ron Kim, Mayor Minita Sanghvi, Commissioner of Finance Dillon Moran, Commissioner of Accounts Jason Golub, Commissioner of DPW Tara Gaston, County Supervisor STAFF PRESENT: Angela Rella, Deputy Mayor Heather Crocker, Deputy Commissioner of Finance Stacy Connors, Deputy Commissioner of Accounts Joseph O’Neill, Deputy Commissioner of DPW Anthony Izzo, City Attorney EXCUSED: James Montagnino, Commissioner of DPS Matthew Veitch, County Supervisor 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. PUBLIC HEARING Amend Capital Budget for Skate Park Mayor Kim opened the public comment period at 6:48 p.m. No one spoke. Mayor Kim closed the public hearing at 6:48 p.m. Page 1 of 27 City Council Meeting May 17, 2022 Amend Chapter 136 – Temporary Outdoor Seating Area Permits Mayor Kim opened the public comment period at 6:49 p.m. No one spoke. Mayor Kim closed the public hearing at 6:49 p.m. Amend Chapter 199A - Special Events Mayor Kim opened the public comment period at 6:49 p.m. No one spoke. Mayor Kim closed the public hearing at 6:50 p.m. UDO Amendment 2 – Land Use Boards Criteria for Greenbelt Mayor Kim opened the public comment period at 6:51 p.m. No one spoke. Mayor Kim concluded the public hearing at 6:51 p.m. and left it open. UDO amendment 3 – Enhance Stream and Wetland Protections Mayor Kim opened the public comment period at 6:52 p.m. No one spoke. Mayor Kim concluded the public hearing at 6:52 p.m. and left it open. UDO Amendment 4 – Amend Land Disturbance Activity Permit Mayor Kim opened the public comment period at 6:53 p.m. No one spoke. Mayor Kim concluded the public hearing at 6:53 p.m. and left it open. UDO Amendment 1 – Remove Uses From Greenbelt Mayor Kim opened the public comment period at 6:53 p.m. No one spoke. Mayor Kim concluded the public hearings at 6:53 p.m. and left it open. Page 2 of 27 City Council Meeting May 17, 2022 CALL TO ORDER Mayor Kim called the meeting to order at 7:00 p.m. ROLL CALL Kim – Aye Sanghvi – Aye Moran – Aye Golub – Aye Gaston – Aye Izzo – 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 to audience to remember they are members of a community speaking to public members of that same community, be kind, because no act of kindness is ever wasted, and be factual because accuracy and truth are the foundations of our democracy. Kim stated any council member or supervisor has the option of responding, but is not required. Abbey Temple of Madeline Drive, Saratoga Springs, stated to be present to speak on the topic of the Mayor’s Agenda Item #19: Discussion and Vote Resolution for Risk & Safety in to be moved to the City Attorney’s Office. Temple stated the City’s Charter did not change in 2020 to a mayor-strong form of government. Temple stated to not understand how someone on the Council felt empowered to defund a position from another Council Member’s department, and strong arm the position to their own department. Temple stated the other Commissioners should be concerned by the Mayor’s proposed resolution and not be surprised when another Commissioner’s department is the next to be victimized. Temple stated the act to defund the Director of Risk & Safety position, which is held by a tenured twenty (20) year employee and months shy of retirement, is horrific and gave negative optics to the way the employees of City Hall are regarded. Temple stated the City Council members were elected to be leaders and not dictators. Temple stated to apologize if the resolution had been read and interpreted wrongly. Mayor Kim responded to Temple’s comments by stating there is nothing in the resolution that defunds the position of Director of Risk and Safety. Kim stated Director of Risk and Safety Director Marilyn Rivers had been a valued employee of the City Hall community. Kim stated when he held the position of Commissioner of Public Safety from 2005 – 2009, to have had worked closely with Rivers. Kim stated, again, there to be no intention to defund the position of Director of Risk and Safety nor to remove Rivers. Kim stated in a Charter form of government the City Attorney is the legal advisor. Kim stated that at the last meeting of the City Council it was suggested the Risk and Safety manager to be part of the City Attorney’s Office. Kim stated any other narrative is not accurate. Kim reiterated there to be no defunding of anyone holding the position of Director of Risk and Safety. Commissioner Moran stated to disagree with Mayor Kim’s statement. Kim stated the Public Hearing to be time for the public to speak and for the Council not to take away their time. Kim stated the Council would have time to speak later. Moran stated the Mayor had not had a conversation directly with the Commissioner about the issue. Kim stated Moran never proposed any changes to the resolution, and suggested the Public Hearing to continue. Robin Dalton of Caroline Street, Saratoga Springs, stated the Mayor should explain to the residents of Saratoga Springs how the Mayor’s resolution to move the position of Director of Risk and Safety to the City Attorney’s Office would be able to be made under the City Charter. Dalton stated it to be explicit in the City Charter the position of Director of Risk and Safety to be under the Accounts Department. Dalton stated there to be a requirement of a referendum. Dalton stated at a previous City Council Meeting, the Page 3 of 27 City Council Meeting May 17, 2022 Commissioner of DPS had defunded the position of Assistant Chief of Police. Dalton stated the Commissioner of DPS stated the plan to reallocate the funds from the defunded position to hire more patrol officers to have more boots on the ground to patrol the city’s streets through the summer months. Dalton stated the Commissioner of DPS had lied and had not hired a single officer. Dalton stated the Commissioner had driven people out of the police force and had relieved police officers from the force, which had left the city vulnerable. Dalton stated the City should be transparent instead of stating to be transparent. Department of Public Safety Commissioner Montagnino had not been in attendance to this Council Meeting. Commissioner Montagnino replied in response, via text to Mayor Kim. Kim stated the text read: “six (6) new police officers had been hired and their positions were conditional to the rules of the civil services.” Sam Brewer of Lake Avenue, Saratoga Springs, stated he had been reading in the park, when he witnessed a red-tailed try to snatch a baby duck away from its mother. Brewer stated the whole duck colony swarmed in to protect the family of ducks from the hawk. Brewer stated there to had been two large mass shootings in the country in recent weeks, and the discussion on how communities protect their young had become a political issue. Brewer stated to be a proponent of immediate access to firearms when in the vicinity of an active shooter. Brewer stated to recommend a firebox with a shotgun in it on the wall of every school classroom with biometric identification for teachers’ access to protect themselves and students. Mayor Kim concluded the Public Hearing at 7:09 p.m. PRESENTATION(S): Skate Park Project Presentation Saratoga Springs Recreation Department Administrative Director John Hirliman introduced On Deck VP Benj Gleeksman and Belinda Colon. Gleeksman stated the Saratoga Skateboard Park had been built in 1989, and is the one of the oldest skate parks in the state. Hirliman stated in 2016 the city started to discuss the renovation project of the skate park. Hirliman stated the craftsmanship in repairing a skate park is a specialty group and difficult to find, and in 2017 the city had a successful award of bid to resurface the asphalt portion of the renovation completed in 2018. Hirliman stated in 2019 the project went back to the drawing board to find exactly what the renovation should look like based off of what the skater were really looking for, since the park had been originally built out of wood and asphalt. Hirliman stated the goal for the skate park is it to be a concrete park with ramps and jumps to attract skaters from all over the country. Hirliman stated with the collaboration of a design team the bid for a designer was awarded to Pillar Design Studio February 2020. Hirliman stated the designers had three (3) plans for the City to choose from, and after several public meetings and feedback from the skaters a plan had been chosen for the redesign of the skate park during March 2021. Hirliman stated the park design is focused on skill levels from beginners to advance skaters, as well as the maintenance of the park. Hirliman stated the budget had been amended the budget to $265,000 in July 2021. Hirliman stated the most updated quote for the project had increased to $445,905.08 due to supply issues. Hirliman stated with assistance within the departments of City Hall with permitting and the ability of Department of Public Works (DPW), the construction cost would be able to be lowered to $405,100.08; a savings of $40,000.00. Hirliman stated that would still leave a $140,000.00 deficit for the project, and that is why On Deck would be presenting the next portion of the presentation where they will detail their proposed $70,000.00 contribution. On Deck V.P. Benji Gleeksman referenced PowerPoint slides that stated the mission of On Deck was to create a unique recreational and cultural resources in the community with the focus to advocate and fundraise for a fully concrete skate park in Saratoga Springs. Gleeksman stated the Saratoga Skate Park Page 4 of 27 City Council Meeting May 17, 2022 brings had been used by professional skaters, and local skaters had gone on to become great skaters and Olympic coaches. Gleeksman stated the park had been made out of wood and asphalt, and refinishing projects were done every five years. Gleeksman stated a state-of-the-art concrete bowl had been built twenty (20) years ago. Gleeksman stated 10 years ago, skateboarding lessons had begun through the rec center. Gleeksman stated Skate Jam is an annual event held at the skate park. Belinda Colon stated to have participated in fundraising for the skate park over the years. Colon stated Saratogain Johnny Schillereff, founder of Element, which had been one of the largest brands in skateboards. Colon stated On Deck began their involvement in 2012 under the umbrella of the Saratoga Institute. Colon stated On Deck’s involvement in fundraising is a nonprofit organization. Gleeksman stated to have collaborated with Death Wish Coffee on a fundraising matching campaign project for the skate park project. Gleeksman stated the skate park is used year-round, and the snow does not stop the skaters. Gleeksman stated skate parks provide a community space for nontraditional people and in an official sport. Gleeksman stated skate parks contribute to tourism revenue. Gleeksman stated concrete skate parks are a standard around the state and country. Gleeksman stated the skate park had been designed with community input, and designed to reflect all skill levels. Hirliman stated the next step in the skate park project are on the Finance Department’s Agenda. Hirliman stated to have the money in the budget and go forward with the locked in pricing and be on the schedule for 2023. Hirliman stated the next step would be to come back to the Council with a contract, if the agenda items regarding the skate park were passed later in that evening’s meeting. Veterans Memorial Park Playground Presentation John Hirlman and Principal Sales Representative of Kompan, Inc. Brie Buske-Martinez made the presentation of the Veterans Memorial Park Playground. Hirman stated the park would be located near the Geyser Road School on one half acre of City-owned land. Hirlman stated the park boosts well-being and would be an inspiration concept design. Buske- Martinez stated the park would be a water themed, inclusive park, which would become a destination playground. Buske-Martinez stated each membrane of the design would establish a connectedness to each other. Buske-Martinez stated the park would include a 29-foot tower, a main playground, swing-set, wheelchair carousel. Buske-Martinez stated phasing of the plan made the project approachable. Hirlman stated the project would take approximately 15 – 26 weeks to complete, and could be finished by the Summer/Fall 2023. Buske-Martinez stated the cost analysis to be $581, 805.00 for the main playground, $39,543.00 for the swing set area, $347.557.00 for the inclusive playground, pavilion & picnic area. Buske-Martinez stated there to be many opportunities to reduce costs with shared work by the City’s DPW. Buske-Martinez stated the typical destination playground runs between $5 – 20 million dollars. Commissioner Sanghvi stated the City would require County and fund-raising assistance to make the park happen. Supervisor Gaston stated since it would be a Veterans Memorial Park, the Cunt had grant programs which may be able to assist in funding for the park. NYPA LED Street Light Conversion Project Administrator (Director) of Parks, Open Land, and Sustainability Tina Carton along with Jesse Scott and Bo Reed gave the presentation. Jesse Scott of New York Power Authority (“NYPA”), stated to be the largest public facility in the country, advised the LED Street Light Conversion Project had been approved by the City Council in 2021. Scott Page 5 of 27 City Council Meeting May 17, 2022 stated the City to be in the acquisition phase of the project now, and the goal is to preserve the look of the Sternberg decorative light fixture. Scott stated the goal of New York State is to convert over 500,000 street lights to LED by 2025. Scott stated the full turnkey project implementation allowed for communities to purchase their lights from the utility, construction management and boots on the ground and maintenance program, which will be needed because National Grid will no longer provide for maintenance, and emergency response. Scott stated the lights would become assets around the City. Scott stated Albany had completed their conversions. Scott stated in the next 90 days the City would be at the point in purchasing the system and light fixtures. Scott stated design work and technology have come to the point where the project would pay for itself. Bo Reed stated there were four base options and would begin around the Historic District of Saratoga Springs. Reed stated the City-stand Sternberg series lighting. Reed stated the ability to retrofit the lighting in the downtown district. Reed stated the lifespan of the fixtures to be approximately 25 – 30 years, and the 10-year payback would make the City budget-positive. Reed stated Option 1. he previous plan of 2,000 cobra heads and 171 post tops on Broadway. Reed stated there had been a resolution passed to approve $2.87 million dollars for an agreement future bonding. Reed stated they wanted to provide the City with a project that would fit within the bonding rate with a nine-year payback with a positive cash flow. Reed stated Option 2 had included the same amount of cobra head and full conversion on the entire historic district with a total of 2,514 fixtures in the amount of $3.22 million dollars, which would allow the whole district to look the same, be energy efficient, dark sky complaint. Reed stated Option 3 included the entire city of 3,381 fixtures, which would be an eighteen-year payback in the amount of $5.4 million dollars. Reed stated they were there to recommend to the City to continue with Option 1 or 2, which would start the program in the City. Reed stated at Year 1, on all the options, the City would be budget-positive. Reed stated the saving is due to the reduction of energy and maintenance savings. Mayor Kim asked Carton if the City required Design Review approval. Carton stated the fixture discussed is the city-standard. Kim asked whether the prior administration has allocated where the funds would go once the City established budget-positive. Carton stated those funds had not been dedicated. Carton stated starting in year 1, the City to be approximately cash positive of nearly $30,000.00, which included the all-inclusive maintenance contract. CONSENT AGENDA Mayor Kim moved and Commissioner Moran seconded to approve the consent agenda as listed: 1. Approval of 4/19/2/22 City Council Meeting Transcript 2. Approval of 4/5/2022 City Council Meeting Transcript 3. Approval of 5/16/2022 Pre-Agenda Meeting Minutes 4. Approval of 5/16/2022 Pre-Agenda Meeting Transcript 5. Approval of 5/2/2022 Pre-Agenda Meeting Minutes 6. Approve Resolution to Use Insurance Reserve # 4 7. Approve Budget Amendments – Insurance Reserve # 4 8. Approve Budget Amendments – CHIPS 9. Approve Budget Amendments – Insurance 10. Approve Budget Amendments – Regular 11. Approve Budget Transfers – Regular 12. Approve Payroll 05/20/22 $647,991.23 13. Approve Payroll 05/27/22 $414,899.33 14. Approve Payroll 06/03/22 $694,485.57 15. Approve Mid-Warrant – 2022, 22MWMAY2 $8,148.18 16. Approve Mid-Warrant – 2022, 22MWJUN1 $719,213.02 17. Approve Warrant 2022, 22JUN1 $1,763,261.88 Ayes – All 4–0 Page 6 of 27 City Council Meeting May 17, 2022 SUPERVISORS Supervisor Tara Gaston 1. COVID-19 Update Supervisor Gaston stated the seven (7) day rolling average positivity rate is 7.8%. Gaston stated the positivity rate to be half of what it had been. Gaston stated the high vaccination rate of the Saratoga County led to the lower levels of COVID-19. Gaston stated children ages 5 years to 11 years old became eligible for booster vaccinations. Gaston stated rapid test kits were available through the federal government and the Saratoga Springs Fire Department. 2. NYS Legislative Session Saratoga County Impact Supervisor Gaston stated the NYS Legislative Session had ended. Gaston stated the impact to Saratoga County would be funding for affordable housing. Gaston stated that most of the state’s legislative money goes to downstate projects. Gaston stated Saratoga County will add two (2) Family Court Judges. Gaston stated there to be additional funding for voting. Gaston stated to be appreciative of Assemblywoman Woerner’s work on behalf of Saratoga County by the inclusion of Saratoga Springs as a designated early voting site. Gaston stated there to be $10 billion dollars available as incentives for software and chip manufacturing; a large source of economic development in the County. Gaston stated the State issued a moratorium for two (2) years on proof of work crypto mining. Gaston stated crypto mining to be an extensive energy pool. Gaston stated the State will use the time to study and determine the significance, strengths, and negatives of crypto mining, and whether the State will allow it in the future. 3. County Non-Profit Grant Program Supervisor Gaston stated she would have more information to share at the next Council Meeting. MAYOR’S DEPARTMENT 1. Announcement: Voted Best City in the Capital District Mayor Kim announced the City of Saratoga Springs had been voted the best city in the Capital District by the Times Union Newspaper. 2. Announcement: Employee Parking in the City Center Garage Mayor Kim announced City Hall employees had been issued parking passes for the City Center Garage to use at no charge during work hours. Kim stated the arrangements for employee parking had been arranged by the Human Resource Department in conjunction with the City Center. 3. Announcement: Congressman Paul Tonko Support of Federal Funding for RISE HOMEBASE Project Mayor Kim announced Congressman Tonko announced support of RISE’s Home Project. Kim stated the endorsement would allow for $2 million dollars of direct federal fund investment into the local program. Page 7 of 27 City Council Meeting May 17, 2022 4. Announcement: June 8 Public Forum on Strategies and Response to Homelessness Mayor Kim announced the Mayor’s Public Forum on strategies and to homelessness and panhandling would be held at the City Center. Kim stated the forum would bring local experts together to discuss and answer question regarding what the City and local organizations are actively doing to prevent and assist the homeless population. 5. Announcement: Appointment to Saratoga Springs Arts Commission Mayor Kim announced the reappointment of Susan Kessler to the Saratoga Springs Arts Commission. Kim stated the appointment to be a five- year (5) appointment. 6. Announcement: Appointment to Zoning Board of Appeals Mayor Kim announced the appointment of Brendan Daley to the Zoning Board of Appeals. 7. Announcement: Upcoming Pre-Agenda and City Council Meetings Mayor Kim announced the state allowance of meeting by video-conferencing would end June 1, 2022. Kim stated the next pre-agenda meeting to be held on June 21, 2022, at 10 a.m. in the City Council Room, and the City Council Meeting would be held later that evening at 7 p.m. in the same room. Kim stated the pre-agenda meeting for July 6, 2022, would be held on July 5, 2022, at 10 a.m. in the City Council Room. 8. Set Public Hearing: Section 103-a of the Open Meetings Law Mayor Kim set a Public Hearing for June 21, 2022, to discuss Section 103-a of the Open Meeting Law. Kim stated the discussion would include the terms in which the City would be allowed limited-use of video-conferenced meetings. Kim stated the resolution to come would outline the terms and conditions required to allow for video-conferenced meetings. 9. Discussion and Vote: Capital Program and Budget Amendment for Skate Park Renovation Mayor Kim stated the skate park renovation to replace the metal ramps to cost $405,000.00. Kim stated along with the On-Park donation of $70,000.00 and the $70,000.00 Capital Program and Budget amendment, the City would be able to provide $140,140.18 for the skate park renovation. Mayor Kim moved and Commissioner Sanghvi seconded to approve the Capital Program and Budget Amendment for the Skate Park Renovation in the amount of $140,140.18 Role Call: Mayor Kim – Aye Commissioner Sanghvi – Aye Commissioner Moran – Aye Commissioner Golub – Aye 4–0 10. Discussion and Vote: Appointment of Chair to Ethics Board Mayor Kim announced the Mayor’s Appointment of Susan Barden as Chair of the Ethic Board. Kim stated Barden is a City employee with the Planning and Zoning Department. Mayor Kim moved and Commissioner Moran seconded to appoint Susan Barden as the Chair of the Ethics Board. Page 8 of 27 City Council Meeting May 17, 2022 Ayes – All 4–0 11. Discussion and Vote: Appointment to Ethics Board Mayor Kim announced the Mayor’s Appointment of Bob Bissonette to the Ethics Board. Mayor Kim moved and Commissioner Moran seconded the appointment of Bob Bissonette to the Ethics Board. Ayes – All 4–0 12. Discussion and Vote: Authorization for Mayor to Sign Baseball Camp Co-Sponsor Agreement with Saratoga American Legion / Stampede Mayor Kim stated the agreement with the Saratoga American Legion / Stampede Baseball Camp to be for the Recreation Department. Kim stated the American Legion / Stampede would receive 50% of the revenue in lieu of field fees. Kim stated the staff to be provided by the YMCA. Mayor Kim moved and Commissioner Sanghvi seconded to authorize the Mayor to sign the Baseball Camp Co-Sponsor agreement with Saratoga American Legion / Stampede. Ayes – All 4–0 13. Discussion and Vote: Authorization for Mayor to Sign the Tennis Co-Sponsor Agreement with the Saratoga Regional YMCA Mayor Kim stated the agreement with the Saratoga Regional YMCA to be for the Recreation Department. Kim stated the Saratoga Regional YMCA would receive 50% of the summer tennis camp revenue in lieu of court fees. Kim stated the staff to be provided by the YMCA. Mayor Kim moved and Commissioner Sanghvi seconded to authorize the Mayor to sigh the Tennis Co-Sponsor Agreement with the Saratoga Regional YMCA. Ayes – Al 4–0 14. Discussion and Vote: Authorization for the Mayor to Sign Agreement with Saratoga Tents & Events for Camp Saradac Mayor Kim advised the agreement with Saratoga Tents & Events would be for use by Camp Saradac. Kim stated the tent fee to be $3,680.00 for use of tents at both the east side recreation and Recreation Center locations for the entire season. Mayor Kim moved and Commissioner Moran seconded to authorize the Mayor to sign the agreement with Saratoga Tents & Events for Camp Saradac, not to exceed the amount of the contract. Ayes – All 4–0 Page 9 of 27 City Council Meeting May 17, 2022 15. Discussion and Vote: Authorization for the Mayor to Sign Contract with Camiros for the UDO Implementation Mayor Kim stated the contract with Camiros would be for required training of the Planning Department Staff on the UDO implementation and manuals. Mayor Kim moved and Commissioner Sanghvi seconded to authorize the Mayor to sign the contract Camiros for the UDO Implementation, in the amount not to exceed $10,000.00. Ayes – All 4–0 16. Discussion and Vote: Mayor to Sign Final Engineered Plans PIN 1761.58 Missing Sidewalk Links Mayor Kim stated, in 2019, the City received funding to install new sidewalks on City property right-of-way to be ADA compliant. Kim stated the construction phase would run from Summer 2022 – 2023. Mayor Kim moved and Commissioner Moran seconded to authorize the Mayor to sign the Final Engineered Plans PIN 1761.58 – Missing Sidewalk Links. Ayes – All 4–0 17. Discussion and Vote: Mayor to Sign PIN 1761.58 Missing Sidewalk Links PS&E Construction Management Plan Mayor Kim moved and Commissioner Sanghvi seconded to authorize the Mayor to Sign PIN 1761.58 Missing Sidewalk Links PS&E Construction Management Plan Ayes – All 4–0 18. Discussion and Vote: Mayor to Sign PIN 1761.58 Missing Sidewalk Links PS&E ROW Clearance Certificate Mayor Kim moved and Commissioner Sanghvi seconded to authorize the Mayor to sign PIN 1761.58 Missing Sidewalk Links PS&E ROW Clearance Certificate. Ayes – All 4–0 19. Discussion and Vote: Resolution: Risk & Safety in City Attorney’s Office Mayor Kim read the resolution into the record: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NY WHEREAS, Title 8 of the Saratoga Springs City Charter, entitled “Legal Matters,” establishes how the City shall conduct its legal affairs; and WHEREAS, Title 8 states that “The City Attorney shall serve as general legal advisor and shall be responsible for providing legal services and guidance to the City and all its departments and entities”;and Page 10 of 27 City Council Meeting May 17, 2022 WHEREAS, the City Council previously established the position of Director of Risk & Safety to coordinate all insurance and safety activity within the City and provide a resource for each Commissioner to implement safety rules and regulations within their departments; and WHEREAS, this Council finds that it is in the public interest for the position of Director of Risk & Safety to be under the direction of the City Attorney’s office, NOW, THEREFORE, BE IT RESOLVED as follows: 1. The position of Director of Risk & Safety shall report to, and work under the general supervision and administrative direction of, the City Attorney, effective July 1, 2022. 2. The City Attorney and Human Resources offices shall issue a procedure manual consistent with this resolution within ninety days from the date this resolution is duly adopted by the Saratoga Springs City Council. Mayor Kim stated the reason he felt the resolution to be essential, at this point in history, had been due to his belief of it being imperative the City worked to better coordinate the activities of the City Attorney and the Director of Risk and Safety. Kim stated the City Charter had state the City Attorney’s primary duties to be general legal counsel, and shall be responsible to provide legal services and guidance to the City and its entities. Kim stated the Charter stated the City Attorney to be required to maintain regular and updated records, and shall report to the City Council on all legal matters conducted by or on behalf of the City as required. Kim stated the Charter did not expressly or implicitly reserve any authority or role in the conduct or supervision or review any legal matters to any other city employee. Kim stated under the City Charter Title 7– Commissioner of Accounts, there is no reference made of the Director of Risk & Safety. Kim stated the City Attorney had not been engaged in all ongoing litigation that occurred on behalf of the City, which Kim stated had been the reason for the resolution. Kim stated the following information he would share had been based on a publically available website of the Northern District of New York Federal District docket called Pacer. Kim stated nothing he would be sharing to be private information. Kim stated, On April 1, 2022, a member of the City Council along with the Director of Risk & Safety attended a settlement conference, of a years-long litigation matter, before the U.S. District Court of the Northern District of New York. Kim stated the meeting happed without the knowledge or authorization of any City Council Member, involvement of the specific department which had been part of the litigation, or by bringing the City Attorney into the discussion Kim stated based on the based on the court’s docket, it had been apparent a settlement conference had been held at the April 1, 2022, meeting and negotiations ensued. Kim stated the docket showed another critical date of on or about July 7, 2022, according to Kim, which the City would need to take action on the settlement of the litigious matter. Kim stated his interpretation of the City Charter had been the City Attorney’s Office should had been involved in the discussion, which had not been the case up to this point. Kim stated it to be imperative, as a City Council, to ensure no litigation is handled or resolved without the involvement of the City Attorney and/or other Members of the City Council who would be required to approve any final disposition as required by the City Charter. Kim stated under the current structure, with the Director of Risk & Safety under the Department of Accounts, and not the City Attorney’s Office opened the City to substantial risk when a single City Council Member along with the Director of Risk and Safety attempted to resolve a legal matter without the involvement of the City Attorney’s Office, the City Council, or the department involved in the litigation. Kim stated it to be imperative the City Council passed the resolution, due to the litigation moving forward toward settlement without the involvement of the City Attorney. Page 11 of 27 City Council Meeting May 17, 2022 Commissioner Sanghvi asked Kim whether the resolution had been a reflection of the Director of Risk & Safety Director Marilyn Rivers work ethic or accomplishment performed on behalf of the City. Kim stated the position of Director of Risk & Safety would not be at risk for defunding. Kim stated the position would be moved to be in a better position to communicate with the City Attorney’s Office, and to better protect the City. Sanghvi stated Rivers had been with the City for several years (19) and the resolution had not been meant to be an indictment about her. Kim agreed that Sanghvi had been absolutely correct in her statement. Kim stated River had been one of the first people he had met when he had been elected Commissioner of Public Safety in 2004. Kim stated Rivers had come to his private practice to discuss the problems and lawsuits the City had been confronted with at the time. Kim stated not to have a problem with Rivers work ethic. Sanghvi stated to had received several emails from the public and wanted to ensure Rivers position was not part of a retaliation. Kim stated the City had been working under two different law firms under the same roof, and the intent was to combine them to serve and protect the City. Commissioner Moran stated to be the Council Member, which Mayor Kim had referenced earlier. Moran stated had been false and the characterization had been false. Moran stated the email which had requested Moran’s presence at the hearing in front of the U.S. District Court of the Northern District of New York had been sent to the City’s Employment Attorney Brian Kremer, Director of Risk & Safety Marilyn Rivers, and City Attorney Tony Izzo. Moran stated the email had been forwarded to him, which he stated lead Moran to contact the City’s counsel John Aspland to ask whether he had been required to attend the hearing. Moran stated Aspland’s response to him had been a resounding yes. Moran stated a Federal Judge had requested his attendance to a hearing and he had gone to said hearing. Moran stated while at the meeting he had provided testimony on the specific issue of an endorsement meeting within the Saratoga Springs Democratic Committee. Moran stated he had shared the testimony on several occasions. Moran stated Commissioner of DPW Scirocco, who had been a defendant, had been requested at the same hearing but did not attend due to his health. Moran stated the implication, by the Mayor, that Moran had did not try to integrate or communicate with the fiduciary and functional elements of the case are false. Moran stated to suggest he acted as a mediator to be untrue. Moran stated the resolution proposed by the Mayor violated the Civil Service Law and thereby the New York State Constitution, as well as a violation to the City Charter. Moran stated the issue the Mayor described to be a managerial issue, which could have been worked out internally between the Mayor’s Office and the Accounts Department Commissioner. Moran stated to be more to the Risk & Safety Program than the legal elements. Moran stated when Travelers Insurance retain lawyers to represent the City they are representing themselves. Moran stated the insurance program to have a $25,000.00 installed within the program, and the program does not involve the City Attorney to work on behalf of the City in court matters with the insurance program. Moran stated in the late 1990’s when the City had been in financial dire straits from a financial and risk standpoint. Moran stated the City had lost its ability to be insured by reputable insurance companies and were insured by NYPIRG, which had cost the City a million-dollars a year. Moran stated the reason for the high risk standpoint of the City had been due to the City had not taken Risk & Safety seriously and had been under the City Attorney’s Office. Moran stated the insurance and risk issue been acknowledged by the City Council in 2002, which had stated the City had seen property causality and workers compensation insurance coverage increase by over 50% from 2001 levels. Moran stated the Council of 2002 had stated it had been due to adverse losses by the City and changes in the commercial insurance coverage market caused by the recession and 9/11 terrorist attack. Moran stated the cost had been budgeted through Accounts and Finance Departments and had not included employee benefits insurance. Moran stated in response to the situation, then Commissioner of Accounts David Towne had established a Risk Page 12 of 27 City Council Meeting May 17, 2022 Management Advisory Committee with the following mission: to recognize the City government with its full range of services to be considered high risk operation and to seek to review losses facing the City from property damage, legal liability, automobile accident, employee injury, and management control currently in place. Moran stated the Risk Management Advisory Committee established by then Commissioner of Accounts Towne recommendations would be made to the City Council how best to organize risk management activities to reduce accidents and claims and control insurance and costs. Moran stated, in 2001, the City’s insurer, St. Paul Insurance Company, conducted a loss control program evaluation of the governing body of the City of Saratoga Springs. Moran stated these practices had been used in the corporate world for over forty (40) years. Moran stated due to the efforts of the Risk Management Advisory Committee with the Risk & Safety Management Program, the City is safer and paying a million-dollars a year to be covered by one of the most trusted and respected insurance company in the country. Moran stated Risk & Safety Manager look to prevent losses by finding the root cause behind an accident and injury to prevent and reduce risk and injury, and save the City money from claims. Moran stated Risk Management to be an engineering process with oversight of risk of each department. Moran stated the recommendation, in the early 2000’s, had been for the City to adopt a revised safety policy to reflect a strong commitment to a safe city program to reduce employee injury, automobile accident claims, property damage claims, and claims and litigation related to City premises, contracts, operations departments, or commissions or boards of the City. Moran stated the safety policy statement reestablished a Safety Committee, which had made material gains for the City due to every department and employee participating in the safety trainings. Moran stated the City’s Risk & Safety Management Program to be considered best practices by Travelers Insurance, which to be the insurance company of the City of Saratoga Springs. Moran stated the City Council, in the early 2000’s, authorized the implementation of the Risk Manager to consolidate and assume responsibility of the existing Insurance Coordinator and designated Safety Officer Coordinator, which both positions existed in the Accounts Department. Moran stated, per the adoption of the report, the position would be under the direction of the Department of Accounts Commissioner would be responsible for insurance purchasing, Chair the Safety Committee, and report to the City Council monthly on the progress of the Safe City Program and make recommendations to the City Council. Moran stated at the time the Council had established the Risk & Safety Manager to work under the supervision of the Accounts Department the establishment of the Human Resource Administrator had been made to work under the supervision of the Mayor’s Office. Moran stated the Council which had established the positions understood the requirements and needs of separation of powers. Moran stated the Council had no reason to change the separation of powers. Commissioner Sanghvi asked the Mayor if the Risk & Safety Management Program would change with the Mayor’s resolution, which the Mayor responded it would not change. Moran asked Kim why he had asked for changes to the Safety Procedural Manual. Kim stated the litigation activity required by the City Attorney’s Office had to be defined within the manual. Kim stated the last resolution he had proposed, which the Commissioner of Accounts had opposed had different language. Moran stated the last resolution proposed to move the Risk & Safety Director from the Accounts Department had Travelers Insurance concerned, which Moran expressed to Kim. Moran stated that had been the last civil conversation Kim had with Moran. Sanghvi asked whether Travelers Insurance had issue with the proposed resolution in front of the Council. Moran stated Travelers Insurance to be opposed to the loss of the City’s Risk & Safety Manager. Moran stated to have knowledge the Mayor’s Office does not feel the need of a Risk & Safety Program, due to the City not being large enough for such a program. Kim stated credibility to be important. Kim stated Moran stated to had been invited by the U.S. District Court Federal Judge to the Wales settlement conference. Kim stated Moran’s statement not to be true. Kim stated there to be a letter on the court’s docket, which did not support Moran’s claim. Kim stated the report read by Moran had been from a previous City Council, and the Page 13 of 27 City Council Meeting May 17, 2022 present City Council had the right to make changes to past decisions by previous Councils. Kim stated the Charter laid out City Attorney requirements and his resolution had included provision for the City Attorney. Kim reinstated Moran had not been invited to the settlement conference, and invited the public to read the court docket on Pacer.com to see he is correct. Moran stated when the previous resolution regarding Risk & Safety had been proposed, Kim had used the case of Casey v. Unitek to justify the move of the department to the Mayor’s Department. Moran stated Kim had made the argument the Risk & Safety Manager had been practicing law without a license. Moran stated the accusation by Kim had been made by email. Moran read into record the response from the lead counsel for Travelers Insurance, Nora Murphy and the “Saratoga Springs is not within the legal jurisdiction of the State of Pennsylvania, and is governed instead by the case law of NY, the Northern District of NY, and the Second Circuit Court of Appeals; therefore, the holding in this case, even if applicable, is not persuasive law in our jurisdiction.” Carolyn Casey v. Unitek (EDPA 2015) In this Pennsylvania* action, Plaintiff Casey brought a discrimination claim against her former corporate employer Unitek. Casey had a law degree, but was also highly trained in risk management. She was employed by Unitek not as an attorney, but as the Vice President of Safety and Risk. In the course of litigation, Unitek moved for a protective order claiming that Casey was employed as an attorney and should be prohibited from using attorney-client privileged communication to prosecute her claims. This motion by Unitek was denied. The judge enunciated the standard for attorney-client privilege: the privilege applies to any communications that satisfies the following elements: it must be (1) a communication (2) made between the client and the attorney or his agents (3) in confidence (4) for the purpose of obtaining or providing legal assistance for the client. The judge held no such attorney-client privilege existed between Casey and Unitek, because Casey was not Unitek's attorney. The judge noted that Casey was not employed by Unitek to be its attorney, but rather was employed as the director of risk management. In performance of her job as a risk manager for Unitek, Casey managed the litigation of insurable claims against Unitek, including receipt of court notices, communications with counsel to verify pleadings, make discovery responses, and grant settlement authority. Casey also attended quarterly litigation update meetings wherein she would receive confidential communication from outside counsel regarding the status of claims. The court noted that while her position as a risk manager may look quasi-legal, her involvement in the claims cases were not as an attorney, but instead were as a risk manager to facilitate the conduction of litigation with the insurers. He concluded that Casey was in essence a "client to outside counsel". The judge also noted that Casey's presence at litigation meetings and proceedings was to make strategic business decisions regarding litigation, and her presence was not for the purpose of rendering legal advice to Unitek. In essence, this case speaks solely to whether or not an employer can claim attorney-client privilege over communications with a former employee who was not acting as their corporate attorney. This case is wholly inapplicable to any issues of attorney-client privilege in the context of insurance litigation involving the City of Saratoga Springs and the role of the Director of Risk and Safety.” Moran stated the personal email from Ms. Nora Murphy to read: “I have attached a copy of my review of the Casey v. Unitek case. As my review states, I find this case to be wholly inapplicable to the City of Saratoga Springs in relation to the interactions involving the Director of Risk and Safety. This case, which is not even persuasive law in our jurisdiction, speaks solely to whether or not a corporate employer could claim attorney-client privilege to prohibit a former employee from using communications against the corporation in a discrimination suit. In my opinion, Page 14 of 27 City Council Meeting May 17, 2022 any and all communications between a City employee and an attorney representing the City in litigation, or in anticipation of litigation, are fully protected by the attorney-client privilege. The suggestion that there was ever some sort of attorney-client privilege which would cover communication between one employee and second employee, and that this non-existent privilege is now somehow at risk, is simply erroneous. The City faces no risk of losing any attorney-client privilege regarding communications between the Director of Risk and Safety and outside defense counsel. I am also happy to address the recently proposed resolution. I have been representing the City of Saratoga Springs as a Travelers Staff Counsel for 13 years. I have defended the City in over 150 cases in both NY state and federal courts. At any given point in time, I have an average of 8-10 pending cases. From the inception of a case via Notice of Claim through a trial and appeal, I have worked closely with the Director of Risk and Safety to serve and protect the interests of the City. The success that we have had in defending these claims is substantially related to the fact that the City has an individual employee who is dedicated to assisting counsel with the management of these claims. The role of a risk manager, or even a designated individual to manage claims, is essential to successfully defending claims against a municipality. The cities in NY that employ a risk manager are able to better handle the myriad of insured claims and risks that cities face (ie, Niagara Falls, Binghamton, Syracuse, Poughkeepsie, etc.). In my experience, cities that do not have a designated risk manager instead have a depth in their Law Departments (Counsel, Deputy Counsel and Assistant Counsels) that allow an individual to be designated to manage insured claims. This is necessary because the outside defense counsel needs a single point of contact within the municipality to be able to direct inquiries,…” “Finally, I am compelled to respond to the accusations of the "unauthorized practice of law" by the Director of Risk and Safety. I have never observed any instance in which the Director of Risk and Safety in any manner whatsoever engaged in the unauthorized practice of law. Such conduct is governed by NY Judiciary Law Section 478 which prohibits any person from practicing or appearing as an attorney at law without being admitted and registered. Further, a person who engages in the practice of a profession without a license is subject to arrest and prosecution under NY Education Law Section 6512. It would be equally true that my participation in such conduct would be considered aiding or abetting, as would that of all present and prior defense counsel. These allegations of criminal conduct are factually baseless and without merit. The City of Saratoga Springs Director of Risk and Safety has conducted herself as any risk manager I have ever dealt with, in that she has actively participated in the management of litigation claims to the benefit of her employer. In my 36 years of practice, I regularly have risk managers from private corporations or municipalities accompany me to court proceedings, court conferences, mediations/arbitrations, depositions and trials. The presence of these risk managers in these situations is an essential part of the partnership between the defense counsel, the risk manager and the claim handler in bringing claims to resolution. Additionally, there have been many instances when the Director of Risk and Safety has felt that the input of the City Attorney was essential in a specific aspect of a litigation, and then immediately facilitates conferencing the matter with the City Attorney. In an instance where a Court requests the presence of a person at a settlement conference who has "full authority to settle the case", the Court is referring to the insurance company claim handler assigned to the case. As with the vast majority of insurance policies, the authority to compromise an Page 15 of 27 City Council Meeting May 17, 2022 insured claim rests with the claim handler, not the defense attorney or the insured client. While the input from the risk manager or client and defense attorney are seriously taken into consideration, the ultimate decision-making authority rests with the claim handler.” Norah M. Murphy Attorney at Law Law Offices of John Wallace Mailing address: P.O. Box 2903, Hartford, CT 06104 Kim asked Moran whether if the insurance company decided to settle a case, on behalf of the City of Saratoga Springs, the Council would not be required to approve the settlement. Moran stated the decision for Council input depended on the circumstance. Kim asked Moran which circumstance the insurance company would be able to settle a case without the Council’s approval. Moran stated the insurance company not to be required to come to the Council to make decisions on settlements. Moran stated the opinion the Director of Risk & Safety had not supplied materials to the City Attorney’s Office to be false. Moran stated Rivers would have three (3) meetings a week before the administration arrival to City Hall in January 2022. Moran stated the turnover in the City Attorney’s Office at the beginning of the Mayor term had caused for great deal of trouble within the departments, and to questioned whether it to be a good idea to add more work to an overstressed department. Kim stated the resolution had nothing to do with the Director of Risk & Safety, and had the purpose to ensure the proper handling of litigation within the City. Kim stated the issue of the resolution may be cause for a Public Hearing. Kim stated Moran had brought the Wales case into the discussion, and not Kim. Kim stated when he had approached several of the City Council Members to resolve the Risk & Safety issue or set some rules, Kim stated it had been DPS Commissioner Montagnino who recommended the resolution in front of the Council. Kim read a statement from Montagnino, which he stated, “The Charter makes clear the City Attorney is a Mayoral appointment. The Charter is silent regarding Risk & Safety, since the issues addressed by both the City Attorney and Risk & Safety overlap it would only be reasonable the two offices work under the auspices as a single department such as the City Attorney. In as much as the Mayor’s authority over the City Attorney is prescribed by the Charter, the Offices of the Mayor should be the locale of Risk & Safety as well.” Kim stated it to be a fact the Charter made no mention of Risk & Safety. Kim stated to challenge anyone regarding the Charter and Article 7 - Department of Accounts to find anything regarding Risk & Safety. Moran stated insurance appears in Article 7. Kim stated to be making a statement of fact that Risk & Safety does not appear in the Charter. Kim stated Montagnino due to Montagnino not in attendance of the Council Meeting, Kim would pull item #19 from the Mayor’s Agenda. Sanghvi requested there to be a Public Hearing on the resolution. Kim stated there could be a Public Hearing set. Moran stated the Council were being asked to violate the NYS Civil Service Law and the NYS Constitution by voting for the resolution. Kim stated Moran should describe at the Public Hearing how the resolution violated the state constitution. Kim stated the Mayor’s Office had labor counsel advice to state the civil service issue not to be a block to moving a position from one department to another. Kim stated Sanghvi had been correct that there should be a full hearing of the outstanding issues, what happened to spur on the resolution, and all the ramifications of what occurred in the hearing at the U.S. District Court of the Northern District of New York. Kim stated he would convert the Discussion and Vote to a Public Hearing, unless anyone objected. Let it be known, no Council Member seconded the Mayor’s motion for a Public Hearing Page 16 of 27 City Council Meeting May 17, 2022 Commissioner Golub stated to have an issue regarding the Mayor’s process. Golub stated not to believe the process being proposed to be the correct process, or one he feels comfortable with. Golub stated the head of the Human Resource Department stated to Golub to be of the opinion the Mayor’s issue to be a Civil Service Board issue, due to two (2) department heads not able to agree on the movement of one of the department’s employees. Golub stated to have the opinion there ought to be an independent arbitrator to determine what makes sense for the departments. Golub stated not to believe the City Attorney had wanted the job and responsibility of the oversight of the Director of Risk & Safety. Golub stated Izzo had been in the City Attorney’s Office when it had been managed by City Attorney DeLeonardis, and it not to be fair to overburden the office with only one (1) attorney. Golub asked whether anyone had spoke to City Attorney Izzo on whether he wanted the position of Director of Risk & Safety in the City Attorney Office. Commissioner Sanghvi stated to feel it had not been fair to talk about employees and putting them on the spot to defend their positions in an open Council Meeting. City Attorney Izzo stated no one had asked his opinion on the matter of the Director of Risk & Safety to be placed in the City Attorney’s Office. Izzo stated for thirty-six (36) years of working for the City of Saratoga Springs, he had devoted all his time in the position by giving counsel to members of the City Council. Izzo stated he would do what the Council need him to do. Izzo stated he would leave it to the Council to do what they see fit. Commissioner Golub stated to hold the position that a Council voted resolution to move whole department without a review by the Civil Service Commission or independent arbitrator would set a bad precedent. Golub stated since he had been new to the position, he asked the percentage of Director River’s position had to do with litigation. Golub stated if only 5% of the role had to do with litigation, then the 5% portion could be moved under the City Attorney and the rest could stay where it presently exists. Commissioner Moran stated to agree. Mayor Kim stated the first Risk & Safety Resolution, on the May 17, 2022, agenda, had effectively done exactly what Commissioner Golub suggested, which included a rulebook for the position. Kim stated to had received feedback from Commissioner Moran stating the position should be moved. Kim stated he would go back to the May 17, 2022, which included the rulebook, if the Council would like him to. Kim stated the public could see the resolution on the City Council Agenda page for May 17, 2022. Transcriber’s note: there is no attachment on the agenda of the referenced resolution. Commissioner Sanghvi stated to read a letter from Matt D’Abate from Travelers Insurance, which stated he endorsed the position of Risk & Safety to be part of the claims handling for the City of Saratoga Springs. Sanghvi stated the letter read D’Abate had not been concerned under which department the position had purview. Sanghvi stated D’Abate had not been ok with the May 17, 2022, resolution. Sanghvi stated to be confused, and asked which resolution worked for the insurance company. Commissioner Moran stated the issue to be a management issue, and not an issue to be played out in front of an audience. Moran stated Risk & Safety had been blamed for an incident where two of the three City employees, which received the email from the insurance company/attorneys worked for the Mayor’s Office. Moran stated to be on board to talk the process and procedure issue out with the Council to improve communications. Commissioner Moran stated to Kim what more had been needed to be done by the Accounts Department, than the City Attorney’s notification of settlement by the courts. Mayor Kim stated that no one had informed the City Attorney’s Office, Mayor’s Office, or City Council that there had been a settlement conference where people from the City attended. Kim Page 17 of 27 City Council Meeting May 17, 2022 stated Moran had been absurd to state the insurance company had the power and right to settle a case on the City’s behalf without the involvement of the City Council. Director of Risk & Safety Marilyn Rivers approached the podium to speak. Rivers stated to had held the position of Director of Risk & Safety since April 8, 2003. Rivers stated there to had been a traumatic issue associated with the City Attorney’s Office, since January 2022. Rivers stated to had worked with a variety of City Attorneys over the years and had always been able to work with them on litigations, and they had always been courtesy copied on all emails. Rivers stated past City Council’s would discuss, in Executive Session, any settlement involving insurance claim with the insurance counsel assigned. Rivers stated not to have worked on any litigation with City Attorney Izzo, since she had started the position, but with the sitting City Attorney. Rivers stated to had received the email about the court case, in question, and immediately provided it to City Attorney Izzo, in good faith. Rivers stated the attorney on record for the case had reached out to Izzo and had been ready, willing, and able to fill him in. Rivers stated to have provided a spreadsheet on all the litigation she had been part of, which had been approximately 5% of her duties over the past twenty (20) years. Rivers stated the majority of her duties were spent with streetlight replacement, auto accidents, employee safety issues, or work with safety committee members. Rivers stated communication between Risk & Safety and the City Attorney Office had always about litigation had always existed, and the discussions of litigation made by email between insurance companies and attorney of record are available for review. Mayor Kim withdrew the motion of the resolution Mayor Kim moved to add a Public Hearing to the Mayor’s Agenda. Commissioners Golub and Moran objected to the motion. Mayor Kim removed his motion. ACCOUNTS DEPARTMENT 1. Announcement: Grievance Day Update Commissioner Moran announced Grievance Day had been held May 24, 2022. Moran stated the Assessment Office had a successful year with thirty-one (31) homeowners grieving their assessments. Moran gave thanks to Camille Daniels, Sheila Sperling, Joe Ribis, Joy King, and Jesse Lena for their time on the Board of Assessment Review. 2. Announcement: New Voting Location at Recreation Center Commissioner Moran announced the Recreation Center has been designated to be an Early Voting Sie for the 2022 June and August Primaries. Moran stated the location to be walkable, accessible by public transportation, and ADA accessible. Moran gave thanks to Supervisor Gaston and Mayor Kim for their contribution and efforts. 3. Discussion and Vote: Approve Resolution for Fee of Limited Width Sidewalk Seating Areas Commissioner Moran read the resolution into the record: 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, Page 18 of 27 City Council Meeting May 17, 2022 NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby amends the schedule of fees for temporary outdoor seating area permits to add the following: TYPE OF PROPERTY FEE TYPE FEE AMOUNT Public Property- Sidewalk Application for Seating Area, Occupation $250.00 Restrictions due to of Public Property where there is an area limitation in width less than 15’ of total available sidewalk of sidewalk, or due to space, allowing 4 tables or fewer with the business occupancy sidewalk seating area not to exceed business frontage; and maintain an 8’ path free from obstructions for pedestrians. Mayor Kim stated he would vote no to the resolution due to his office not having time to review in a timely manner. Kim sated there required to be more language to delignate the locations. Commissioner Golub asked how would the enforcement of use be completed. Commissioner Moran moved and Commissioner Sanghvi seconded to approve the resolution for Fee of Limited Width Sidewalk Seating Areas, as included with the agenda. Commissioner Moran stated the applications go before an established committee on temporary outdoor dining. Moran stated DPS Code Enforcement ensure business comply with the temporary outdoor dining ordinance Ayes – 3 Nay – 1 Ayes: Commissioner Sanghvi, Commissioner Moran, Commissioner Golub Nay: Mayor Kim 4. Discussion and Vote: Amend Chapter 136 Entitled Lodging and Eating and Drinking Establishments – Temporary outdoor Seating Area Permits Commissioner Moran read the resolution into the record: 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 – TEMPORARY 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 Page 19 of 27 City Council Meeting May 17, 2022 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 but not limited to sidewalks, as well as privately owned parking facilities, established for use by the public, and privately owned land immediately contiguous to eating and drinking establishments, licensed under this chapter, 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. Commissioner Moran moved and Commissioner Sanghvi seconded to amend Chapter 136 Entitled Lodging and Eating and Drinking Establishments – Temporary outdoor Seating Area Permits. Mayor Kim stated his staff had sent an email of six (6) outstanding issues and suggested the resolution to be changes, which had not happened. City Attorney Izzo stated Building Department Inspector Patrick Cogan had issued a report, which Izzo had just reviewed. Commissioner Moran pulled item #4 from the Accounts Department Agenda until the next meeting. 5. Discussion and Vote: Amend Chapter 199A – Special Events Commissioner Moran the resolution to be a consolidation of billing for Special Events. Moran stated the event holder would receive a single invoice from the City, allowing vendors to properly prepare for expenses and costs. Commissioner Moran read the ordinance into the record: AN ORDINANCE TO AMEND CHAPTER 199A OF THE CODE OF THE CITY OF SARATOGA SPRINGS, NY, ENTITLED “SPECIAL EVENTS’ BE IT ORDAINED by the City Council of the City of Saratoga Springs, NY, as follows: SECTION 1: Chapter 199A of the Code of the City of Saratoga Springs, NY, entitled “SPECIAL EVENTS” is hereby amended as follows: 1. Section 199A-6 is amended to read (new material underlined, old material in brackets); §199A-6. FEES. [A. Circuses, carnivals and menageries: $250.] [B. All other special events: $50 per day.] Fees under this Chapter shall be established from time to time by resolution of the City Council. The establishment of a permit fee or fees by resolution under this section shall not be construed so as to limit the authority of the City Council to charge for additional costs for municipal services or resources reasonably necessary to ensure public safety or other public benefit during a permitted event, or to withhold the issuance of a permit or permits until such additional charges are paid. The Accounts Department shall issue the invoice for said fees at the time of permit issuance. Payment is due net thirty (30) days of the event date. 2. Section 199A-12 is amended to read (new material underlined, old material in brackets); §199A-12. NOTICE TO OFFICIALS. Page 20 of 27 City Council Meeting May 17, 2022 Immediately upon the application for special event permit, the Commissioner of Accounts shall send a copy of the special event application to the [following:] City Council and their designated representatives. [A. Mayor.] [ B. Commissioner of Public Works.] [C. Commissioner of Accounts.] [D. Police Chief.] [E. Commissioner of Finance.] [F. Commissioner of Public Safety.] [ G. Fire Chief.] [H. Risk and Safety Manager.] SECTION 2: This ordinance shall take effect the day after publication as provided by the City Charter of the City of Saratoga Springs, NY. Commissioner Moran moved and Commissioner Sanghvi seconded to amend Chapter 199A of the City Code – Special Events. Ayes – All 4–0 6. Discussion and Vote: Authorization to Reimburse Employee for Conference Commissioner Moran stated the attached invoice is over thirty (30) days old, and therefore required Council approval to pay. Moran sated the invoice to be for a conference registration reimbursement for an employee. Commissioner Moran moved and Commissioner Golub seconded to authorize the reimbursement to employee for payment of the invoice in the amount of $730.00. Ayes – All 4–0 7. Award of Bid: Fluoride for Water Treatment Plant to Chemrite, Inc. Commissioner Moran moved and Commissioner Sanghvi seconded to award the bid for fluoride for the Water Treatment Plant to Chemrite, Inc. in the amount not to exceed $39,600.00. Ayes – All 4–0 8. Award of Bid: Intelligent Transportation System to Greenman-Pedersen Commissioner Moran moved and Commissioner Sanghvi seconded to award the bid for the Intelligent Transportation System to Greenman – Pedersen in the amount not to exceed $120,000.00. Ayes – All 4–0 9. Announcement: Update of COVID and Planned City Activities Commissioner Moran pulled item #9 from the Accounts Department Agenda. Page 21 of 27 City Council Meeting May 17, 2022 Commissioner Moran moved and Commissioner Sanghvi seconded to add Discussion and Vote: Marriage Officer – John Franck to the agenda. Ayes – All 4–0 10. Discussion and Vote: Resolution to Appoint a Marriage Officer Commissioner Moran read the resolution into the record: 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 11-c of the New York Domestic Relations Law gives the governing body of any village, town or city the authority to appoint one or more marriage officers who shall have authority to solemnize marriages within the territory of the municipality which make the appointment; NOW, THEREFORE BE IT RESOLVED, as follows: 1. Pursuant to Domestic Relations Law 11-c, this City Council hereby appoints John Franck, a resident of Saratoga Springs and former Saratoga Springs Commissioner of Accounts, to be a marriage officer. 2. The term of Mr. Franck’s appointment shall be from June 15, 2022 through December 31, 2022. 3. Mr. Franck shall receive no compensation from the City of Saratoga Springs. Commissioner Moran moved and Commissioner Sanghvi seconded to approve the resolution to appoint John Franck as Marriage Officer as stated in terms of the resolution. Ayes – All 4–0 FINANCE DEPARTMENT 1. Announcement: Pride Month Activities and Events Commissioner Sanghvi announced June to be Pride Month. Sanghvi stated there to be pride flags hanging in front of City Hall for the first time. Sanghvi stated there to be several Pride Month events scheduled for throughout the month. 2. Report: Homeless Services Meeting Commissioner Sanghvi stated to had attended the homeless forum with Supervisor Gaston, and attended by NYS Attorney General Leticia James. Sanghvi stated the forum discussed resources for affordable housing in Saratoga County. Sanghvi stated the City had received approximately $21,000.00 from the state’s opioid settlement and suggested applying the monies toward homelessness. 3. Update: Participatory Budgeting Commissioner Sanghvi stated the participatory budgeting meetings to be held on the first Tuesday of each month. Sanghvi stated the committee where in the process of the Chair and Vice Chair selections. Page 22 of 27 City Council Meeting May 17, 2022 4. Update: City Finances Commissioner Sanghvi stated the sales tax for April 2022 had been 15% higher than 2021. Sanghvi stated the April 2022 mortgage tax collection to be 15% higher than 2021, with the year- to-date amount to be $1.3 million dollars. Sanghvi stated the City’s Departments 2023 budget season to begin at the end of June. 5. Discussion and Vote: 2022 City Fees – DPW Update Commissioner Sanghvi moved and Commissioner Moran seconded to approve the 2022 City fee – DPW update, as included to the agenda. Ayes – All 4–0 6. Discussion and Vote: Resolution for the Use of the Recreation Trust – Skate Park Ramps BE IT RESOLVED, by the City Council of the City of Saratoga Springs, as follows: WHEREAS, the City of Saratoga Springs has established a subdivision recreation fund as part of its Subdivision Regulations and as part of its Zoning Ordinance (Section 7.2.18). The purpose of the subdivision recreation fund is to use site plan fees paid in lieu of usable recreation land for “neighborhood park, playground or recreation purposes, including the acquisition and improvement of property”, and WHEREAS, the City seeks to replace the existing metal ramps at the skate park at the East Side Recreation Fields with poured in place concrete ramps. These improvements will result in longer lasting and more durable skate park facility and will better serve the public; and WHEREAS, a total expenditure of $140,100.08 is required to fund these improvements. A private sector donor, On Deck Saratoga, has committed to provide the sum of $70,100.08 toward the improvements, leaving a balance of $70,000.00 to be provided by city funds, NOW THEREFORE, BE IT RESOLVED as follows: 1. The City Council finds that the transfer of $70,000.00 from the subdivision recreation fund for the purpose of improving the skate park ramps at the East Side Recreation Fields is in accordance with the purposes of that fund and is proper in the public interest. 2. The City Council authorizes said transfer of $70,000.00 to be made for the aforementioned purpose. Commissioner Sanghvi moved and Commissioner Moran seconded to approve the resolution for the use of the recreation trust – Skate Park Ramps. Ayes – All 4–0 7. Discussion and Vote: Debt Service Budget Amendment – Skate Park Ramps (Project #1110) Commissioner Sanghvi moved and Commissioner Moran seconded to approve the Debt Service Budget Amendment – Skate Park Ramps (Project #1110). Roll Call: Commissioner Kim – Aye Commissioner Sanghvi – Aye Page 23 of 27 City Council Meeting May 17, 2022 Commissioner Moran – Aye Commissioner Golub – Aye 4–0 8. Discussion and Vote: Capital Budget Amendment – Skate Park Ramps (Project #1110) Commissioner Sanghvi moved and Commissioner Moan seconded to approved the Capital Budget Amendment – Skate Park Ramps (Project #1110) Roll Call: Commissioner Kim – Aye Commissioner Sanghvi – Aye Commissioner Moran – Aye Commissioner Golub – Aye 4–0 9. Discussion and Vote: Budget Transfers – Payroll Commissioner Sanghvi moved and Commissioner Moran seconded to approve the budget transfers – payroll, as included with the agenda. Ayes – All 4–0 10. Discussion and Vote: Budget Transfers – City Center Contingency Commissioner Sanghvi stated the City Center contingency would be to cover off-street parking advertising expenses in the amount of $3,000.00. Sanghvi stated after this transfer, $2,000.00 would remain in contingency. Commissioner Sanghvi moved and Commissioner Moran seconded to approve budget transfers – City Center Contingency, as included in the agenda. Ayes – All 4–0 PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Contract with Chemrite for Water Treatment Chemical Plant Commissioner Golub moved and Commissioner Sanghvi seconded to authorize the Mayor to sign the contract with Chemrite for the Water Treatment Chemical Plant. Ayes – All 4–0 2. Discussion and Vote: Authorization for Mayor to Sign Contract with Rusurfix, Inc. for Zamboni Ice Resurfacer Service Commissioner Golub moved and Commissioner Sanghvi seconded to authorize the Mayor to sign the contract wit Resufix, Inc. for Zamboni Ice Resurfacer Service. Ayes – All 4–0 Page 24 of 27 City Council Meeting May 17, 2022 3. Discussion and Vote: Authorization for the Mayor to Sign Change Order # 3 with Jersen Construction for General Construction on the Water Intake Improvement Project Commissioner Golub moved and Commissioner Moran seconded to authorize the Mayor to sign change order #3 with Jersen Construction on the Water Intake Improvement Project. Ayes – All 4–0 4. Discussion and Vote: Authorization for the Mayor to Sign Change Order # 2 with Brunswick Electric Inc. for Electrical Construction Services on the Water Intake Improvement Project Commissioner Golub stated the construction of Phase 1 of the Water Intake Improvement Project to be 90% complete. Commissioner Golub moved and Commissioner Moran seconded to authorize the Mayor to sign change order #2 with Brunswick Electric, Inc. for electrical construction services on the Water Intake Improvement Project. Ayes – All 4–0 5. Discussion and Vote: Authorization for the Mayor to Sign Addendum # 2 with CT Male for Professional Hydrogeological & Construction Services for the Geyser Crest Well 7 Commissioner Golub stated the Geyser Crest Well 7 Project to be in Phase 2. Commissioner Golub moved and Commissioner Moran seconded to authorize the Mayor to sign Addendum #2 with CT Male for Professional Hydrogeological & Construction Services for the Geyser Crest Well 7. Ayes – All 4–0 6. Discussion and Vote: Approval to Adopt Department of Public Works Contractual Template Commissioner Golub stated the contractual template to be the Waterfront Park Rental Agreement for use with the City of Saratoga Springs. Commissioner Golub moved and Commissioner Sanghvi seconded to approve the adoption of the Department of Public Works Contractual Template for the Waterfront Park, as included with the agenda. Ayes – All 4–0 7. Announcement: SiFi Project Update Commissioner Golub announced the SiFi Development Agreement with the City for the installation of ultra, high-speed internet connection, entered into in 2018, had been scheduled to give a presentation on at the June 21, 2022, Council Meeting. Page 25 of 27 City Council Meeting May 17, 2022 8. Announcement: New Park Commissioner Golub announced the vacant lot, adjacent to the City Center Parking Garage, would be developed in a part. Golub stated ideas for the park included a small amphitheater, areas for seating, picnic and activity space. Golub stated the name of the park to be Flat Rock Park. PUBLIC SAFETY DEPARTMENT In Commissioner Montagnino absence, Mayor Kim presented the Public Safety Department Agenda items. 1. Discussion and Vote: Authorization for Council to approve MOA with Saratoga PBA for Lateral Transfers Mayor Kim stated the Memorandum of Agreement with the Saratoga PBA to be modeled on what the DPS accomplished with the SSFD regarding lateral transfers. Kim stated the lateral transfers would save on training academy expenses. Kim stated the MOA would change certain sections of the collective bargaining agreement. Mayor Kim moved and Commissioner Moran seconded to authorize the Mayor to sign the MOA with the Saratoga PBA for lateral transfers. Ayes – All 4–0 2. Discussion and Vote: Authorization for the Mayor to Sign Contract with Greenman – Pederson, Inc. for Intelligent Transportation System Evaluation Mayor Kim moved and Commissioner Moran seconded to authorize the Mayor to sign the contract with Greenman – Pederson, Inc. for Intelligent Transportation System Evaluation. Ayes – All 4–0 3. Discussion and Vote: Authorization for Council to approve Change Orders #1 - #5 to CHA Consulting for Fire Station # 3 Capital Project Mayor Kim stated the amount of the change orders to be $53,800.00, and the amount to be in the Capital Budget. Mayor Kim moved and Commissioner Sanghvi seconded to approve changes orders #1 - #5 to CHA Consulting for Fire Station #3 Capital Project. Ayes – All 4–0 Mayor Kim answered a question raised during Public Comment, Mayor Kim stated to had received a text message from Deputy Commissioner Tutu, which stated the DPS had hired six (6) additional police officers and the hires were conditional on civil service. Page 26 of 27 City Council Meeting May 17, 2022 ADJOURN Mayor Kim moved and Commissioner Sanghvi seconded to adjourn the meeting at 10:49 p.m. Respectfully submitted, Barbara Brindisi Assistant City Clerk Approved: October 6, 2022 Vote: 4 Ayes - 0 Nays - 1 Absent Page 27 of 27  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NY WHEREAS, Title 8 of the Saratoga Springs City Charter, entitled “Legal Matters,” establishes how the City shall conduct its legal affairs; and WHEREAS, Title 8 states that “The City Attorney shall serve as general legal advisor and shall be responsible for providing legal services and guidance to the City and all its departments and entities”; and WHEREAS, the City Council previously established the position of Director of Risk & Safety to coordinate all insurance and safety activity within the City and provide a resource for each Commissioner to implement safety rules and regulations within their departments; and WHEREAS, this Council finds that it is in the public interest for the position of Director of Risk & Safety to be under the direction of the City Attorney’s office, NOW, THEREFORE, BE IT RESOLVED as follows: 1. The position of Director of Risk & Safety shall report to, and work under the general supervision and administrative direction of, the City Attorney, effective July 1, 2022. 2. The City Attorney and Human Resources offices shall issue a procedure manual consistent with this resolution within ninety days from the date this resolution is duly adopted by the Saratoga Springs City Council. DATED: CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK