City Council

CITY OF SARATOGA SPRINGS City Council Meeting July 5, 2022 City Council 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 06:50 PM P.H. - Section 103-a of Open Meetings Law 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S): 1. Presentation: Poet Laureate 2. Presentation: Saratoga Springs PBA EXECUTIVE SESSION: CONSENT AGENDA 1. Approval of 05/03/2022 City Council Meeting Minutes 2. Approval of 05/17/2022 City Council Meeting 3. Approval of 5/17/22 City Council Minutes 4. Approval of 5/24/22 City Council Minutes  5. Approval of 6/21/2022 Pre-Agenda Meeting Transcript 6. Approval of 6/6/2022 Pre-Agenda Meeting Transcript 7. Approve Budget Transfers - Debt Service 8. Approve Budget Transfers - Regular 9. Approve Budget Amendments - Insurance 10. Approve Budget Amendments - Regular 11. Approve Payroll 06/24/22 $450,961.30 12. Approve Payroll 07/05/22 $798,123.88 13. Approve Mid-Warrant - 2022, 22MWJUN3 $65,712.59 14. Approve Warrant 2022, 22JUL1 $645,045.60 MAYOR’S DEPARTMENT 1. Announcement: 2022 Youth Parking Program 2. Announcement: Appointment to Recreation Commission 3. Announcement: Appointment to Open Space Advisory Committee 4. Announcement: Appointment to Design Review Commission 5. Announcement: Appointments to Community Development Citizen Advisory Committee 6. Discussion and Vote: Appointment to Downtown Special Assessment District Board 7. Discussion and Vote: Resolution re Section 103-a of Open Meetings Law 8. Discussion and Vote: Procedures for Member Videoconferencing Subject to Section 103-a of Open Meetings Law 9. Discussion and Vote: Authorization to Pay Invoice to Saratoga Flag Company 10. Discussion and Vote: Authorization for Mayor to Sign Subscription with LexisNexis for Online Legal Research 11. Discussion and Vote: Authorization for Mayor to Sign Contract with JMT of NY 12. Discussion and Vote: Authorization for Mayor to Sign PIN 1761.58 Missing Sidewalk Links Supplemental Agreement #1 Paperwork 13. Discussion and Vote: Resolution Authorizing City of Saratoga Springs to Seek CFA Funding 14. Announcement: Mayor to Apply for Climate Smart Communities Category 2: Government Operations Climate Action Plan 15. Discussion and Vote: Authorization for Mayor to Sign Yoga Co-Sponsor Agreement 16. Discussion and Vote: Authorization for Mayor to Sign Saratoga City School District Transportation Agreement 17. Discussion and Vote: Accept $23,000 Donation from the Hawley Foundation for Children of Saratoga County for Camp Saradac Scholarships 18. Discussion and Vote: Accept $5,000 Donation from the Saratoga Springs Friends of Recreation Fund of The Community Foundation for the Greater Capital Region ACCOUNTS DEPARTMENT 1. Award of Bid: Preliminary and Final Engineering and Design Costs for Complete Streets Bicycle Lane Project on Union Avenue to JMT of New York, Inc. 2. Award of Bid: Microsoft 0365 Hosting, Implementation, and Migration to Cloud Navigator 3. Award of Bid: Copper Sulfate to Chemrite, Inc. 4. Award of Bid: Hydrofluosilicic Acid to Amrex Chemical Co., Inc. 5. Award of Bid: Sodium Hypochlorite to Surpass Chemical Co., Inc. 6. Announcement: Extension of Outdoor Dining 7. Announcement: Business Milestones FINANCE DEPARTMENT 1. Announcement: 2023 Budget Call Letter 2. Announcement: Participatory Budgeting 3. Discussion and Vote: Budget Transfers - Payroll 4. Discussion and Vote: Budget Amendments - Payroll 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 Amrex Chemical Company for Water Treatment Plant Chemicals 3. Discussion and Vote: Authorization for Mayor to Sign Contract with Surpass for Water Treatment Plant Chemicals 4. Discussion and Vote: Authorization for the Mayor to Sign License Agreement With Flatbread Social 5. Discussion and Vote: Authorization for the Mayor to Sign License Agreement with JBA Restaurant Corp and Siren Development LLC 6. Discussion and Vote: Authorization for the Mayor to Sign License Agreement With Adelphi 7. Discussion and Vote: Accept Donation From Galli Investments, Inc For Memorial Bench In The Amount Of $1,500.00 8. Discussion and Vote: Accept Donation From Steven Kamen For Memorial Bench In The Amount Of $1,500.00 9. Discussion and Vote: Accept Donation From Robin + David Edwards For Memorial Bench In The Amount Of $1,500.00 PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Authorization to pay invoice to CHA Consulting 2. Discussion and Vote: Authorization to pay invoice to Ryan Biggs  3. Discussion and Vote: Authorization for Mayor to sign lease agreement with Ricoh 4. Set Public Hearing: Capital Budget Amendment for Fire Station 3 SUPERVISORS 1. Announcement: Matt Veitch 1. Zim Smith Trail Grant 2. Battles of Saratoga 250th Celebration 3. Saratoga County Airport Working Group 2. Announcement: Tara N. Gaston 1. COVID-19 Update 2. Votes for Women Event 3. NACo Annual Conference 4. Public Forum ADJOURN City Council Meeting May 17, 2022 July 5, 2022 CITY OF SARATOGA SPRINGS City Council Meeting City Council Room 474 Broadway 7:00 PM PRESENT: Ron Kim, Mayor Dillon Moran, Commissioner of Accounts James Montagnino, Commissioner of DPS Jason Golub, Commissioner of DPW Matthew Veitch, County Supervisor Tara Gaston, County Supervisor STAFF PRESENT: Heather Crocker, Deputy Commissioner of Finance Stacy Connors, Deputy Commissioner of Accounts Joseph O’Neill, Deputy Commissioner of DPW Anthony Izzo, City Attorney EXCUSED: Minita Sanghvi, Commissioner of Finance STAFF EXCUSED: Angela Rella, Deputy Mayor 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 UDO Amendment 1 – Remove Uses from the Greenbelt Mayor Kim opened the public comment period at 6:50 p.m. Mayor Kim stated UDO Amendment 1 to be removal of certain uses from the greenbelt and the gateway rule. Mayor Kim stated the following would meet the criteria of the amendment: community centers, medical and dental offices, multifamily housing, eating and drinking establishments, educational facilities and hotels. Mayor Kim stated the UDO Amendments would be left open due to the Council waiting on opinions from Page 1 of 20 City Council Meeting May 17, 2022 City and County Planning Boards. Mayor Kim stated these Public Hearings on the UDO Amendments 1 – 4 to be the third set of Hearings. No one spoke. Mayor Kim concluded the public hearing at 6:51 p.m. and kept it open. UDO Amendment 2 – Land Use Boards Criteria for Greenbelt Mayor Kim opened the public comment period at 6:51 p.m. Mayor Kim stated the amendment to be for special use permit issuance in gateway commercial rural and suburban rural residential districts, and to include design standards. No one spoke. Mayor Kim concluded the public hearing at 6:52 p.m. and kept it open. UDO Amendment 3 – Enhance Stream and Wetland Protections Mayor Kim opened the public comment period at 6:53 p.m. Mayor Kim stated the amendment to be to enhance stream and wetland protections, and to include a buffer of 100 feet on perennial streams and 50 feet on all intermittent streams in the City. Kim stated additional stream buffers requirements would be given to the Planning Board when required. No one spoke. Mayor Kim concluded the public hearing at 6:53 p.m. and kept it open. UDO Amendment 4 – Amend Land Disturbance Activity Permit Mayor Kim opened the public comment period at 6:53 p.m. Mayor Kim stated the amendment to be for the amend land disturbance activity permit, which would enhance the protections to reduce tree cutting on underdeveloped lands and would circumvent tree preservation requirements of Article 11.9. No one spoke. Mayor Kim concluded the public hearing at 6:54 p.m. and kept it open Section 103-a of Open Meetings Law Mayor Kim opened the public comment period 6:55 at p.m. Mayor Kim stated NYS recently added to the Open Meetings Law the authority for all municipalities to have a video presence of any board person or City Council Member, if the municipality passed their own ordinance. Kim stated the ordinance requires the City Council to have a quorum of at least three (3) people, while others could attend by video conferencing due to extraordinary circumstances. Kim stated all members would be required to be seen, heard, and identified while the open portion of the meeting is being conducted, and otherwise permitted under Chapter 56 of the Laws of 2022. Kim stated the City does not currently have the required technology, and would require upgrading the current system. Page 2 of 20 City Council Meeting May 17, 2022 No one spoke. Mayor Kim concluded the public hearing at 6:57 p.m. and closed it. CALL TO ORDER Mayor Kim called the meeting to order at 7:00 p.m. ROLL CALL Kim – Aye Moran – Aye Montagnino – Aye Golub – Aye Veitch – 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 had the option of responding, but were not required. Mayor Kim opened the Public Comment Period at 7:00 p.m. John Kaufman of White Street, Saratoga Springs, stated Commissioner Golub had several lease agreements of public property on the DPW agenda. Kaufman stated the Adelphi Hotel lease agreement had been for $2,500.00 per year for five (5) years, and the extension of the lease agreement for the same amount of time without raising the fees is concerning. Kaufman stated there should be a transparent process of determining the worth of a leased property. Kaufman requested the items on the agenda be tabled or that terms be amended to one year. Andrew Beatty of Michael Street, Saratoga Springs, requested the Council to undertake a housing study of the City. Beatty expressed concern about the vacancy rate, tax base impact, and the corporate interest in purchasing properties in the City which is making it unaffordable to live in the City. Commissioner Moran commented that the City and County have started to work together on Airbnb regulations. Moran stated public safety to be at the forefront on everyone’s mind in regard to First- Responders, including knowing the interior of a home’s construction to know what types of apparatus would be required. Moran stated roughly 10% of 9,800 residential properties may be being used as Airbnb (short term rentals). Moran stated many local communities are taking a stronger stance against Airbnb and corporate ownership of housing within neighborhoods, and there needs to balance within the community. Chris Mathiesen of Friar Tuck Way, Saratoga Springs, stated that in 2017 the Council began work on issues related to Airbnb, but did not get far. He hopes the Council will support the dispactchers per the presentation at the last Council meeting. Mathiesen stated the MOA with the PBA proposal is too generous. Mathiesen stated longevity compensation had been established in the salary schedule. Mathiesen also stated the newspaper article in the Times Union stated the DPS had encouraged the homeless population, sleeping in the encampment on West Ave, to seek legal representation. Further, the article stated the police would no longer be used to intervene if the landowner wants their properties cleared. Page 3 of 20 City Council Meeting May 17, 2022 Commission Montagnino responded to the comments about the encampment on West Avenue. Montagnino commented that the City Charter states the Police Department shall not be used to serve civil process. He explained that the sellers of the property had neglected the property for years without posted “no trespassing” signage, and were weeks away from selling the property when they showed up at the City of Saratoga Springs Police Department and requested the police to serve eviction notices. Montagnino stated, under the law, it is not trespassing or even a violation to enter unimproved land that is not fenced nor posted as private. Montagnino stated the parcel to be seventeen (17) acres, and allowed to lay fallow to the detriment to the City of Saratoga Springs. Montagnino stated not to have written the law, but had read the law. Montagnino stated the stance of the DPS to penalize the City, but to penalize those who invest in real estate in the City and then neglect it. Mayor Kim stated the City had received notice by a phone call that leaflets had went to the individual on the property, which stated the individuals were to be evicted in two to three days. Kim stated the problem with the property had been in existence for ten (10) years or so, and a Council that took office six (6) months ago were responsible to take care of. Kim stated to realize Saratoga had a homeless problem, not unlike any other city in the country, and the Council realize the market driven problem of homelessness. Kim stated a City held a forum a few weeks previously, and acknowledged a long-term solution can be found if the City and community would work together. Kim stated the City had been able to establish a resolution so people were not evicted in a sudden rash situation, in a very limited time. Sam Brewer of Lake Avenue, Saratoga Springs, stated to be a former military officer, and spends time synthesizing information. Brewer stated to had all the Medal of Honor citations in the database. Brewer stated to had read in the New York Times Herschel Williams, who had been in the battle of Iwo Jima, had passed away. Brewer stated Mr. Williams had been the last Medal of Honor recipient from World War II. Sam Brewer had framed the newspaper article and donated it to the Department of Public Safety. Phillip Meredith of Skidmore Drive, Saratoga Springs, stated Saratoga Springs to be the fifth largest city in the state. Meredith stated to live on the Southwest part of Saratoga near Geyser Road. Meredith stated Code Enforcement had not paid as much attention to the neighborhood near Geyser Road as much as they do in more affluent neighborhoods. Meredith stated there to be a building within the southwest part of Saratoga Springs DPW Electrical Department makes use of. Meredith stated there to be animal control issues in his neighborhood, and proposed animal control and code enforcement to start their shift at the building near Geyser Road. Mayor Kim concluded the Public Comment at 7:26 p.m. PRESENTATIONS: Poet Laureate Mayor Kim stated to had the most interesting proposal to consider appointing a poet laureate for the City of Saratoga Springs. Mayor Kim introduced Rachel Baum, Past President of the New York Library Association, former Assistant Dean of SUNY Albany Library School, and published author to give the proposal presentation. Rachel Baum stated laureates to be a mixed bag of people with different backgrounds, nationalities, topic of poetry, and include youth laureates. Baum stated a Poet Laureate to be a civic position recognizing an exceptional local poet committed to the power of poetry to engage and inspire. Poet Laureates are usually guided by a governing committee of people in the arts, which can include: poets, educators, booksellers, librarians, and arts organizations. Page 4 of 20 City Council Meeting May 17, 2022 Baum stated some reasons to have a Poet Laureate in the City of Saratoga Springs is because the City is home to many poetry related organizations and events. Saratoga Springs is the home of Yaddo – an artist retreat, the Summer Writers Institute, Saratoga Reads, Caffe Lena poetry open mic, SPAC School of Arts, and the Saratoga Springs Book Festival to name a few. Baum stated there to be a financial benefit for the City to have a Poet Laureate. Baum stated the amount of money an Art-related tourist spends to be $7 for every $1 the community spends, as well as Art visitors stay longer and more jobs are potentially created. Baum stated the duties of the Poet Laureate would be to promote poetry and the literary arts in Saratoga County, to represent Saratoga Springs at literary and other cultural events, develop innovative public events in partnership with local organizations, and to encourage and inspire young people’s appreciation of the written and spoken word. Baum stated the process in which a Poet Laureate to be chosen would be through nominations from local commissions and organizations, or self-nominate would be sent to a selection committee. Baum stated suggested committee representatives would be apprised from the City Council Arts Commission, Saratoga Arts, NYS Summer Writers Institute at Skidmore, Empire State College, the Public Library, and local booksellers. Baum stated an approved nomination form would be posted online and through print advertisement. Baum stated a vetting process of nominees would take approximately one (1) month. Baum stated there to be a proposed timeline that would include a nomination deadline, committee review, interview process of finalists, and a recommendation to the Mayor with the Mayor announcing the 2023 Poet Laureate by the end of 2022. Baum stated April to be National Poetry Month, and there would be options for original, creative ways to draw people into poetry throughout the City during the month of April. Mayor Kim stated there to be a formal resolution to put a framework together to select a committee along with the City Council. Kim stated the Saratoga Springs Arts Commission to be excited about the Poet Laureate program. Commissioner Moran asked if the Poet Laureate to be within the body of government. Mayor Kim stated the Poet Laureate to be an honorary designation, and the City would be able to fund various arts endeavors. Commissioner Golub stated to hope to see enough publicity to get to diverse and younger communities. Saratoga Springs Police Benevolent Association (PBA) PBA Vice President Angela McGovern and PBA President and SSPD Sergeant Daniel Mullens presented the proposed Memorandum of Understanding to change the work shifts of the SSPD. McGovern stated in May 2021, the PBA had adopted a 12-hour shift work schedule with the City Council. McGovern had stated the union worked to move from the 8-hour shift, due to it being one of the worst in the area where patrol officers would work six (6) day stretches and then a seven (7) day stretch. McGovern stated often a junior officer would find themselves required to come in early or stay late each shift, due to staffing. McGovern stated, in January 2022, the PBA received correspondence from the Chief of Police, stating the Department of Public Safety Commissioner Montagnino would be eliminating the 12-hour shift schedule and returning the unit back to the 8-hour shift, in February 2022. McGovern stated not only would the move be a violation of the existing contract, but would disrupt planned time-off, spouses schedules, childcare arrangements, etc. McGovern stated a grievance had been filed by the PBA on February 3, 2022. McGovern stated in the meantime the PBA met with the Commissioner who cited the concerns of 12-hour work shift schedules for police officers. Page 5 of 20 City Council Meeting May 17, 2022 McGovern stated though the PBA may not agree with the reasoning, the PBA sought this to be an opportunity to work with the new administration to address concerns the union had had. McGovern stated the objective to be to obtain a fully staffed police department, and be an attractive place to work for the best police candidates. McGovern stated the PBA are allotted 80 positions from Chief to lowest patrol officer, and only 60 are filled at the time with 7 recruits in the academy. McGovern stated the vacancies were being filled by officers at an overtime rate. McGovern stated lateral hires would help solve the issues of staffing, and although the Chief had accepted resumes in preparation of lateral transfers – the applications to work for the SSPD are not rolling in at this time. McGovern stated it to be a difficult choice for an officer to leave their department, and for the SSPD to increase the pool of quality lateral officers, the department needs to look attractive enough for those officers to take a leap of faith. McGovern stated the proposed MOA had been a work in progress and the union and Commissioner had met almost weekly since February to produce. McGovern stated at the last City Council Meeting, Council Members had questioned portions from the MOA from the union’s perspective. McGovern stated Traver’s Day to be considered a premium day for police officers, since it is considered the busiest day for the police department out of the whole year. McGovern stated the work day to start at 5 a.m. with the public lining up to get into the racetrack and the traffic begins to flow into the city. McGovern stated the Saratoga Springs residence still expect and deserve the assistance of the police department. McGovern stated the force monitor the flow of people at the Horseshoe Inn and Siros, as well as simultaneously addressing the traffic of people onto Caroline Street. McGovern stated every Traver’s Weekend, historically, a scheduled concert performs at SPAC. McGovern stated the NYS Park Police handle the crowd on park property, and the SSPD are left with the accidents, DWI’s, and the spill- over of concert goers on the streets of Saratoga Springs. McGovern stated in 2021, 30 patrol officers were needed to work to cover the needs of the City for 24-hours, and exclude the traffic control officers and those on NYRA property. McGovern stated in 2022, there to be a total of 42 patrol officers in total on the force to entice to cover the needs of the City on Traver’s Weekend. McGovern stated the PBA asked for St. Patrick’s Day, Thanksgiving Eve, and New Year’s Eve off, and the Commissioner countered with Traver’s which was agreeable to the PBA. McGovern stated the contract included longevity pay. McGovern stated rewarding members for committing themselves to the City of Saratoga Springs would allow the department to keep officers for many years. McGovern stated the longevity pay would still find the pay for officers at the lower end of the rate of pay in the Capital District region. McGovern stated the SSPD to be twenty (20) officers short, and there to be a need to make the City of Saratoga Springs to look as desirable as possible. McGovern stated the shift differential had not changed in decades. McGovern stated the Finance Department stated the percentages were too difficult to compute for payroll, so a fixed amount on the average pay scale showed the entire department would not receive a shift differential: 8-10 officers would receive an increase of $3.10 and $2.07 respectfully. McGovern stated the majority of officers would not receive shift differentials. McGovern stated the proposed 10-hour work schedule was structured so every patrol officer had an 8- hour day for training built into their shift, which had been done for cost savings in mind. McGovern stated required training had previously been completed at the expense of overtime for the officer or overtime for the officer covering the shift of the training. McGovern stated due to cost, the department is only able to conduct the required minimum training. McGovern stated since 2019, the SSPD lost ten (10) hires. McGovern stated only one (1) officer went onto the New York State Police. McGovern stated six (6) of the others left for other police departments. McGovern stated the reasons given for the move from the SSPD were better schedules, better pay, specialize units, and more opportunity for advancement. Page 6 of 20 City Council Meeting May 17, 2022 McGovern stated the residents and visitors of Saratoga Springs deserve a safe community with a fully staffed police and investigation unit. McGovern stated the PBA President had reached out to every City Council Member to explain the issues in further detail. McGovern stated it is unreasonable to expect every union member to simply switch to whatever hourly schedule Is preferred by a new City Council every two years. McGovern stated the PBA thanks Commissioner Montagnino for recognizing and listening to the concerns of the union members. McGovern stated the PBA desires to make the SSPD the greatest in the Capital Region, and by paying the staff appropriately and achieving full staffing would put the department on the fast track to doing that. CONSENT AGENDA Mayor Kim moved and Commissioner Moran seconded to approve the consent agenda as listed: 1. Approval of 05/03/2022 City Council Meeting Minutes 2. Approval of 05/17/2022 City Council Meeting Minutes 3. Approval of 05/17/2022 City Council Meeting Minutes 4. Approval of 05/24/2022 City Council Meeting Minutes 5. Approval of 06/21/2022 Pre-Agenda Meeting Transcript 6. Approval of 06/06/2022 Pre-Agenda Meeting Transcript 7. Approve Budget Transfers – Debt Service 8. Approve Budget Transfers – Regular 9. Approve Budget Amendments – Insurance 10. Approve Budget Amendments – Regular 11. Approve Payroll 06/24/2022 $450,961.30 12. Approve Payroll 07/05/2022 $798,123.88 13. Approve Mid-Warrant – 2022, 22MWJUN3 $65,712.59 14. Approve Warrant 2022, 22Jul1$645,045.60 Ayes – 4 | Nays – 0 | Absent – 1 The Motion Carried. SUPERVISORS Supervisor Michael Veitch 1. Zim Smith Trail Grant Supervisor Veitch stated Saratoga County received $1,497,984,000 to complete the northern connection of the Zim Smith Trail from Ballston Spa to the Town of Milton; just south of the Saratoga City Line. Veitch stated the long-term plan would have the trail reach the Spa State Park and connect the to the City of Saratoga Springs. Veitch stated currently the trail is about nine-miles long and runs from Oak to Elizabeth Streets in Ballston Spa. Veitch stated looking further in future, the hope for the trail would be to connect to the Village of Moreau as well as connect east and west. 2. Battle of Saratoga 250th Celebration Supervisor Veitch stated the County had unveiled the logo and promotional materials for 2027, which will mark the 250th Anniversary of Battles of Saratoga; considered the turning point in the American Revolution. Veitch stated one committee had been established at the county level headed by Supervisor Tom Ward of the Town of Saratoga. Veitch stated the event would be a State, County, and National event when it occurs, and the planning is now beginning. Page 7 of 20 City Council Meeting May 17, 2022 3. Saratoga County Airport Working Group Supervisor Veitch announced the Saratoga County Airport Working Group had been developed. Veitch stated there to be a fair number of controversies at the airport, at times, due to the activity at the airport. Veitch stated there to be a helicopter training school, glider clubs, and private aviation. Veitch stated the Supervisor had proposed a working group of individuals to get together to communicate. Veitch stated the county administration, couple of residents from the Town of Milton, airport operator of the glider club, to meet quarterly to have discussions and information sharing among those stakeholders. Supervisor Tara Gaston Supervisor Gaston stated Saratoga County Veterans’ Service Agency operate a writing workshop and would make good candidates to apply or be nominated for Poet Laureate, as would some in the homeless service agency. 1. Covid-19 Update Supervisor Gaston stated the rolling COVID-19 positivity average had increased to 8.5%, equaling 16 persons per 100,000. Gaston stated there to be no increase in hospitalization and deaths in the County. Gaston stated increases had been seen in the State and throughout the Country. Gaston stated the strain of the virus going around had a high rate of susceptible infection of those already recovered from COVID-19. 2. Votes for Women Event Supervisor Gaston stated two markers to be part of the national votes for women trial will be installed to celebrate the 153rd year since the NYS Suffrage Association had been founded in Congress Park in 1869. Gaston stated the march will start at 11 Fifth Avenue, the childhood home of Catherine Starbuck. Gaston stated a marker would be dedicated to Matilda Jocelyn Gage, at Congress and Broadway, who had been the Secretary at the start of the NYS Suffrage Association. Gaston stated the NYS Women’s’ Suffrage Group had been known as one of the most powerful and effective suffrage group in the United States. Gaston stated Historian Lauren Roberts put the program together. 3. NACo Annual Conference Supervisor Gaston stated the National Association of Counties Annual Conference to be held in Colorado July 20 – 25, 2022. Gaston stated to serve as parliamentarian for the Energy, Environment, and Land Use Committee, as well as participating in Healthy Counties and Resilient Counties. Gaston stated there to be over three-thousand counties in the U.S. and many are represented at the conference. 4. Public Forum Supervisor Gaston stated a scheduled Facebook Live Forum on July 12, 2022, to discuss the County’s budget process. Gaston stated to schedule to discuss items from the National Association Conference regarding housing access, diversity, and government. MAYOR’S DEPARTMENT 1. Announcement: 2022 Youth Parking Program Page 8 of 20 City Council Meeting May 17, 2022 Mayor Kim announced the 2022 Youth Parking Program would commence on July 8, 2022. Kim stated the Putnam Street parking garage would be used to collect fees on certain days to support the Recreation Department. Kim stated the program had been in affect for many years. Kim stated the Recreation Department collect fees on the corner of Jackson and Wright Streets during the summer racing season. Kim stated a list of fees to be on the City’s website. 2. Announcement: Appointment to Recreation Commission Mayor Kim announced the reappointment of Amy Smith to the Recreation Commission with the term to run from July 16, 2022, through July 15, 2029. Kim stated Smith had served the recreation center since August 2011, and assisted to create the Recreation Center Master Plan and guided the updates of multiple city playgrounds throughout the City 3. Announcement: Appointment to Open Space Advisory Committee Mayor Kim announced the five (5) year appointment of Steven Samuels to the Open Space Advisory Committee. 4. Announcement: Appointment to Design Review Commission Mayor Kim announced the five (5) year appointment of Patty Morrison as an alternate to the Design Review Commission. Kim stated Morrison brings twenty-five (25) years of experience in a private career of product development. Kim stated Morrison to be currently employed with a worldwide cloud-based contact center and software provider working with artificial intelligence. Kim stated Morrison served as a board trustee with the City of Saratoga Springs School District as a volunteer on the Urban Forestry Project with Sustainable Saratoga. Kim stated Morrison to be on the Panasonic Woman Executive Leadership Team. 5. Announcement: Appointments to Community Development Citizen Advisory Committee Mayor Kim announced the reappointment of Joyce Hunt Bouyea to the Community Development Citizen Advisory Committee. Kim stated Bouyea to be a thirty (30) year resident of Saratoga Springs. Kim stated Bouyea had served the Citizen Advisory Committee for six (6) years. 6. Discussion and Vote: Appointment to Downtown Special Assessment District Board Mayor Kim stated the Mayor’s nomination of Amy Smith to the appointment to the Downtown Special Assessment District Board. Kim stated the Downtown Special Assessment District Board is a board where downtown business owners are nominated to. Kim stated Smith is a native Saratogain and had been a member of the business community for many years. Kim stated Smith to be a graduate of Hamilton College and worked in sports management. Smith is the present owner and operator of The Saratoga Arms Hotel at 497 Broadway. Kim stated Smith presently serves on the Board of the NYS Hospitality and Tourism Association, and Saratoga Convention & Tourism Bureau, and the Saratoga Chamber of Commerce. Mayor Kim moved and Commissioner Montagnino seconded the appointment of Amy Smith to the Downtown Special Assessment District Board. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. 7. Discussion and Vote: Resolution re Section 103-a of Open Meetings Law Page 9 of 20 City Council Meeting May 17, 2022 Mayor Kim stated if the resolution passed, any board member or City Council Member would be able to city extraordinary circumstances to attend a meeting by video conferencing, which would allow for flexibility. Mayor Kim reminded the public the Mayor and Commissioner positions are part-time positions and Board Member appointments were voluntary. Mayor Kim waived the reading of the following lengthy resolution into the record: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NY WHEREAS, by passing Chapter 56 of the Laws of 2022, the New York State Legislature amended Section 103 of the Open Meetings Law; and WHEREAS, Chapter 56 adds Section 103-a of the Open Meetings Law, permitting local public bodies to authorize their members to attend meetings by videoconferencing under extraordinary circumstances; and WHEREAS, Section 103-a(2)(a) requires local public bodies to adopt a resolution following a public hearing authorizing the limited use of videoconferencing under such circumstances; and WHEREAS, Section 103-a(2) allows for hybrid meetings by requiring “that a minimum number of members are present to fulfill the public body’s quorum requirement in the same physical location or locations where the public can attend”; and WHEREAS, Section 103-a(2)(c) requires that members be physically present at any such meeting “unless such member is unable to be physically present at any such meeting location due to extraordinary circumstances…including disability, illness, caregiving responsibilities, or any other significant or unexpected factor or event which precludes the member’s physical attendance at such meeting”; and WHEREAS, in accordance with Section 103-a(2)(d), any members attending by videoconference must, except during executive sessions, be “heard, seen and identified, while the meeting is being conducted, including but not limited to any motions, proposals, resolutions, and any other matter formally discussed or voted upon”; and WHEREAS, Section 103-a(2)(g) requires that any meeting where a member attends by videoconference be recorded, posted to the City of Saratoga Springs’ webpage within five business days, and transcribed upon request; and WHEREAS, Section 103-a(2)(h) requires that members of the public be permitted to participate, if authorized, in any meeting by videoconference when a member attends by videoconference, BE IT RESOLVED that the Saratoga Springs City Council authorizes its members, and any member of an agency, board, commission, or other entity subject to Section 13.4 of the Charter of Saratoga Springs, who experience an extraordinary circumstance, as described above and further defined by any rules or written procedures later adopted, to attend meetings by videoconference: (i) as long as a quorum of the members attend in-person at one or more locations open to the public; (ii) as long as the member can be seen, heard, and identified while the open portion of the meeting is being conducted by all members of the public and the public body; and (iii) as otherwise permitted under Chapter 56 of the Laws of 2022; and be it further RESOLVED, that the Saratoga Springs City Council shall create written procedures further governing its use of videoconferencing by its members, and any member of an agency, board, commission, or other entity subject to Section 13.4 of the Charter of Saratoga Springs, in compliance with Chapter 56 of the Laws of 2022. Mayor Kim moved and Commissioner Montagnino seconded the adoption of the Resolution regarding Section 103-a Open Meetings Law. Ayes 4 – 0 | Nays 0 | Absent 1 Page 10 of 20 City Council Meeting May 17, 2022 The Motion Carried. 8. Discussion and Vote: Procedures for Member Videoconferencing Subject to Section 103-a of Open Meetings Law Mayor Kim stated the procedures manual for member videoconferencing subject to Section 103-a of Open Meetings Law to be a series of rules and regulations of implementation of the new procedure. Kim stated the critical part is to ensure the technology to be in place for each member to be required to be seen, heard, and identified while the open portion of the meeting is being conducted. Kim stated for purposes of these procedures, the term “extraordinary circumstances” includes disability, illness, caregiving responsibilities, non-routine events or responsibilities of family or personal business, or any other significant or unexpected factor or event which precludes the Member’s physical attendance at such meeting. Mayor Kim moved and Commissioner Moran seconded the adoption of the Procedures for Member Videoconferencing Pursuant to Public Officers Law Section 103-a. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. 9. Discussion and Vote: Authorization to Pay Invoice to Saratoga Flag Company Mayor Kim stated the invoice to Saratoga Flag Company in the amount of $5,918.00 to be for Memorial Day flags used by the VFW. Kim stated there had been supply chain issues, and the cost for the flags had been more than budgeted for. Mayor Kim moved and Commissioner Moran seconded to authorize to pay the invoice in the amount of $5,918.00 to Saratoga Flag Company. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. 10. Discussion and Vote: Authorization for Mayor to Sign Subscription with LexisNexis for Online Legal Research Mayor Kim stated the subscription with Lexis Nexis to be for online legal research to be used by the City Attorney’s Office. Commissioner Montagnino asked if multiple users would be able to use the subscription. City Attorney Izzo stated to believe the subscription would be available for multiple users within the City Hall, and would research the terms of the subscription. Mayor Kim moved and Commissioner Moran seconded to authorize the Mayor to sign the subscription with LexisNexis for online legal research in the amount of $642.00. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. Before Mayor Kim presented Mayor’s Agenda item # 11, Accounts Department Commissioner Moran presented Item #1 on the Accounts Agenda: Award of Bid: Preliminary and Final Engineering and Design Costs for Complete Streets Bicycle Lane Project on Union Avenue to JMT of New York, Inc. Commissioner Moran moved and Commissioner Montagnino seconded the award of bid for preliminary and final engineering and design costs for Complete Streets bicycle lane Page 11 of 20 City Council Meeting May 17, 2022 project on Union Avenue to JMT of New York, Inc. in the amount not to exceed $91,705.00.00. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. 11. Discussion and Vote: Authorization for Mayor to Sign Contract with JMT of New York, Inc. Mayor Kim stated the contract with JMT of New York, Inc for the preliminary and final engineering and design costs for Complete Streets bicycle lane project on Union Avenue in the amount of $91,705.00 had been in the Capital Budget. Mayor Kim moved and Commissioner Montagnino seconded to authorize the Mayor to sign the contract with JMT of New York, Inc. in the amount of $91,705.00. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. 12. Discussion and Vote: Authorization for Mayor to Sign PIN 1761.58 Missing Sidewalk Links Supplemental Agreement #1 Paperwork Mayor Kim moved and Commissioner Moran seconded to authorize the Mayor to sign PIN 1761.58 – Missing Sidewalk Links Supplemental Agreement #1 Paperwork with the NYS DOT in the amount of 1,910,671.00. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. 13. Discussion and Vote: Resolution Authorizing City of Saratoga Springs to Seek CFA Funding Mayor Kim stated the resolution before the Council would authorize the City of Saratoga Springs to seek Consolidated Funding from the NYS Climate Smart Communities Program. Kim stated the government operations climate action plan would develop a comprehensive strategy to address the climate crisis. Mayor Kim moved and Commissioner Moran seconded the signing of the resolution authorizing the City of Saratoga Springs to seek CFA Funding. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. 14. Announcement: Mayor to Apply for Climate Smart Communities Category 2: Government Operations Climate Action Plan Mayor Kim announced the Mayor’s Office had pulled Item # 14 from the agenda. 15. Discussion and Vote: Authorization for Mayor to Sign Yoga Co-Sponsor Agreement Mayor Kim moved and Commissioner Golub seconded to authorize the Mayor to sign the yoga co-sponsor agreement with Alithia Rodriguez-Rolon for the City’s Yoga Program in the Recreation Department. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. Page 12 of 20 City Council Meeting May 17, 2022 16. Discussion and Vote: Authorization for Mayor to Sign Saratoga City School District Transportation Agreement Mayor Kim stated the Saratoga City School District Transportation Agreement to be for the use of buses for Camp Saradac. Mayor Kim moved and Commissioner Montagnino seconded to authorize the Mayor to sign the Saratoga City School District Transportation Agreement. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. 17. Discussion and Vote: Accept $23,000 Donation from the Hawley Foundation for Children of Saratoga County for Camp Saradac Scholarships Mayor Kim moved and Commissioner Montagnino seconded to accept a $23,000 donation from the Hawley Foundation for children of Saratoga County for Camp Saradac Scholarships. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. 18. Discussion and Vote: Accept $5,000 Donation from the Saratoga Springs Friends of Recreation Fund of The Community Foundation for the Greater Capital Region Mayor Kim moved and Commissioner Montagnino seconded to accept a $5,000 donation from the Saratoga Springs Friends of Recreation Fund of The Community Foundation for the Greater Capital Region for the east side fieldhouse recreation furnishings. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. ACCOUNTS DEPARTMENT 1. Award of Bid: Preliminary and Final Engineering and Design Costs for Complete Streets Bicycle Lane Project on Union Avenue to JMT of New York, Inc This item was moved up for vote before Mayor Agenda Item # 11. The decision is listed below. Commissioner Moran moved and Commissioner Montagnino seconded the award of bid for preliminary and final engineering and design costs for Complete Streets bicycle lane project on Union Avenue to JMT of New York, Inc. in the amount not to exceed $91,705.00.00. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. 2. Award of Bid: Microsoft 0365 Hosting, Implementation, and Migration to Cloud Navigator Commissioner Moran moved and Commissioner Montagnino seconded the Award of Bid to Microsoft 365 for hosting, implementation, and migration to Cloud Navigator in the amount of $45,900.00. Page 13 of 20 City Council Meeting May 17, 2022 Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. 3. Award of Bid: Copper Sulfate to Chemrite, Inc. Commissioner Moran moved and Commissioner Golub seconded the Award of Bid for copper sulfate to Chemrite, Inc. in the amount not to exceed $7920.00. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. 4. Award of Bid: Hydrofluosilicic Acid to Amrex Chemical Company, Inc. Commissioner Moran moved and Commissioner Golub seconded the Award of Bid of Hydrofluosilicic acid to Amrex Chemical Company, Inc. in the amount not $2,850.00. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. 5. Award of Bid: Sodium Hypochlorite to Surpass Chemical Company, Inc. Commissioner Moran moved and Commissioner Golub seconded the Award of Bid of sodium hypochlorite to Surpass Chemical Company, Inc. in the amount not to exceed $83,720.00. Ayes 4 – 0 | Nays 0 |Absent 1 The Motion Carried. 6. Announcement: Business Milestones Commissioner Moran announced Compliments to the Chef had celebrated twenty (20) years in business in Saratoga Springs. Moran stated the small, specialized retail location to be on Railroad Place. 7. Announcement: Extension of Outdoor Dining Commissioner Moran announced the success of the New York State leadership by Carl Heastie, Andrea Stewart-Cousins, and Governor Hochul in the perseverance in extending Temporary Outdoor Dining in New York State for an additional three (3) years. Moran stated the extension to be an extraordinary success for the local businesses of Saratoga Springs. Moran stated the City of Saratoga Springs has done the work to prepare local businesses to build off this momentous opportunity. Commissioner Moran moved and Mayor Kim seconded to add an agenda item to amend Chapter 136 of the City Code. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. 8. Discussion and Vote: Amendment of Chapter 136 – Temporary Outdoor Seating Area Permits Commissioner Moran stated the proposed ordinance had been previous published language with a slight tweak to verbiage. Moran stated the businesses affected were pre-existing non- Page 14 of 20 City Council Meeting May 17, 2022 conforming uses within residential district that were prevented from the extension of Temporary Outdoor Seating Permits. Commissioner Moran read the following ordinance 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 IVA – TEMPORARY OUTDOOR SEATING AREA PERMITS” BE IT ORDAINED by the City Council of the City of Saratoga Springs, NY, as follows: SECTION 1. Article IVA of Chapter 136 of the Code of the City of Saratoga Springs, NY, entitled “LODGING AND EATING AND DRINKING ESTABLISHMENTS – ARTICLE IVA – TEMPORARY OUTDOOR SEATING PERMITS” is hereby amended as follows: 1. Section 136-33.3 is amended to read (new material underlined): 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 but not limited to sidewalks, as well as privately owned parking facilities and privately owned lands immediately contiguous to eating and drinking establishments licensed under this Chapter when such privately owned parking lots and privately owned lands have been opened to and made accessible to the general public, 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. Notwithstanding any other provision of this Article, all licenses for temporary outdoor seating areas issued for privately owned parking facilities and privately owned lands shall expire at midnight on November 1, 2022. SECTION 2. This ordinance shall take effect the day after publication as as provided by the City Charter of the City of Saratoga Springs, NY. Mayor Kim asked for input from the City Attorney. City Attorney Izzo stated there had been previously been a legal notice and Public Hearing to amend Section 136-33.1. Izzo stated the amendment to be a modification to allow narrowly defined provision, e.g., privately owned land. Izzo stated the provision had previously been open to the public, and there to be only a slight change in verbiage. Izzo stated the NYS Attorney General’s Office and Comptroller’s Office had issued opinions that allowed for modification to existing proposed legislation at the table, if the changes were not considered substantial. Commissioner Moran stated the intent to be, once the UDO takes effect on July 15, 2022, the businesses that fall into this category would be stewarded through a special-use permit process. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. Page 15 of 20 City Council Meeting May 17, 2022 . FINANCE DEPARTMENT In the absence of Commissioner Sanghvi, Mayor Kim presented the Finance Department agenda. 1. Announcement: 2023 Budget Call Letter Mayor Kim announced the release of the 2023 Budget Call Letter on June 30, 2022, which would mark the formal beginning of City’s budget process and to gives the guidelines and timeframes to every department to for submitting the next budget requests to the Finance Department. Kim stated the budget process is outlined in detail in the City Charter Title 4 Section 4.4. Kim stated the Deputy Commissioner of Finance would be organizing a meeting for the Deputy Commissioners to provide additional support to the departments. 2. Announcement: Participatory Budgeting Mayor Km announced the Participatory Budgeting Committee named by Commissioner Sanghvi had begun meeting in May 2022. Kim stated more information of the initiatives could be found on the Saratoga Springs City website. Kim stated the deadline for the 2022 participatory budgeting project submission would be Monday, July 25, 2022. Kim stated the Finance Department tax window would be the location to drop off individual and organization submissions. 3. Discussion and Vote: Budget Transfers – Payroll Mayor Kim stated there to be three (3) budget transfers. Kim stated transfer #1 to be for lines 1- 4 transfers to reallocate funds to DPW Social Security sick leave in the amount of $5,802.19. Kim stated transfer #2 to be for lines 5 -8 to be transfer to reallocated funds to DPW Special Event labor from Highways and Streets Department labor in the amount of $788.59. Kim stated transfer #3 to be for lines 9 - 10 to reallocate funds to the Rec Department Program Director from the Rec Department Program Coordination in the amount of $29,300.00. Mayor Kim moved and Commissioner Montagnino seconded to approve the three budget transfers as outlined in the attachment to the agenda. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. 4. Discussion and Vote: Budget Amendments – Payroll Mayor Kim stated there to be two (2) budget amendment – payroll. Kim stated budget amendment #1 to be lines 1 – 2, an increase to 2022 DPW budget for funds received for Workers’ Compensation reimbursement in the amount of $4,000.19. Kim stated budget amendment #2 to be lines 3 – 4, an increase to DPW 2022 from the county for the reimbursement for the transfer station services in the amount of $39.7.77 Mayor Kim moved and Commissioner Montagnino seconded to approve the budget amendments as included in the agenda. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. PUBLIC WORKS DEPARTMENT Page 16 of 20 City Council Meeting May 17, 2022 1. Discussion and Vote: Authorization for the Mayor to Sign Contract with Chemrite for Water Treatment Plant Chemicals Commissioner Golub stated the Chemrite Contract to be for the Saratoga Springs Water Treatment Plant. Golub stated Chemrite would supply the City with copper sulfite in the amount of unit bid price. Commissioner Golub moved and Commissioner Moran seconded to authorize the Mayor to sign the contract with Chemrite for water treatment plant chemicals not to exceed the unit bid price with valid date until May 16, 2023. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. 2. Discussion and Vote: Authorization for the Mayor to Sign Contract with Amrex Chemical Company for Water Treatment Plant Chemicals Commissioner Golub stated the Amrex Chemical Company contract to be for the Saratoga Springs Water Treatment Plant chemicals. Golub stated Amrex would supply the City with Hydrofluosilicic Acids in the amount of unit bid price. Commissioner Golub moved and Commissioner Montagnino seconded to authorize the Mayor to sign the contract with Amrex Chemical Company for water treatment plant chemicals not to exceed the unit bid price with valid date until May 16, 2023. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. 3. Discussion and Vote: Authorization for the Mayor to Sign Contract with Surpass Chemical Company for Water Treatment Plant Chemicals Commissioner Golub stated the Surpass contract to be for Saratoga Springs Water Treatment Plant chemicals. Golub stated Surpass would supply the City with sodium hydrochloride in the amount of unit bid price. Commissioner Golub moved and Commissioner Moran seconded to authorize the Mayor to sign the contract with Surpass Chemical Company for water treatment plant chemicals not to exceed the unit bid price with valid date until July 5, 2023. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. 4. Discussion and Vote: Authorization for the Mayor to Sign License Agreement with Flatbread Social Commissioner Golub stated the next three (3) items on the agenda are lease agreements with local agreements with local restaurants. Golub stated the lease agreements are extensions to previous contracts with the businesses and the City. Commission Golub moved and Commissioner Moran seconded the Mayor to sign lease/license agreement with Flatbread Social for the lease of Short Alley in the amount of $2,000.00 for a period of one (1) year term, and with the option to renew the lease agreement twice for the maximum amount of three (3) years. Commissioner Moran stated the use of lane and alley space to be an augment to the outdoor dining program. Moran stated the question of value is fair, and the businesses in question are Page 17 of 20 City Council Meeting May 17, 2022 generating sales tax revenue using space nobody is using. Commissioner Golub stated to be able, in the future, to add a robust process and transparency for the public to understand, the price the City puts on a City-owned property/parcel for individual business usage for an agreeable amount of time. City Attorney Izzo stated there to be a real estate committee, which would be useful in putting a price on the use of City-owned properties. Izzo stated the rule of sale or lease of public property would be of fair market value, unless there were facts to indicate the benefit to the public. Izzo stated the government had a lot of flexibility determining the price. Golub agreed to work toward a process of transparency in the fee structure of public property use. Mayor Kim stated the City had given a benefit to a business, while in turn the City and public would also benefit by the businesses use and care of the space. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. 5. Discussion and Vote: Authorization for the Mayor to Sign License Agreement with JBA Restaurant Corp. and Siren Development, LLC. Commissioner Golub stated the license agreement with JBA Restaurant Corp. and Siren Development, LLC to be for the use of Lena Lane for outdoor patio use. Golub stated the lease to be in the amount of $2,000.00 for each business for a five (5) year team. Commissioner Golub moved and Commissioner seconded to authorize the Mayor to sign license agreement with JBA Restaurant Corp. and Siren Development, LLC. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. 6. Discussion and Vote: Authorization for the Mayor to Sign License Agreement with Adelphi Hotel Partners, LLC. Commissioner Golub stated the license agreement to be a renewal of an agreement between the City and Adelphi Hotel Partners for sidewalk use as a patio restaurant Golub stated the agreement is a five-year extension with an annual fee of $2,500.00. Commissioner Golub moved and Commission Moran seconded to authorize the Mayor to sign a lease agreement with Adelphi Hotel Partners, LLC. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. 7. Discussion and vote: Accept Donation From Galli Investments, Inc. for a Memorial Bench in the Amount of $1,500.00 Commissioner Golub stated Galli Investment Inc. had purchased, by way of a donation, one (1) memorial bench and plaque to read, “Angelica Zingarino 1991-2022 Missing You Always, Remembering You Forever.” Commissioner Golub moved and Commissioner Montagnino seconded to accept a donation from Galli Investments, Inc. for a memorial bench in the amount of $1,500.00. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. Page 18 of 20 City Council Meeting May 17, 2022 8. Discussion and Vote: Accept Donation From Steven Kamen For Memorial Bench in the Amount of $1,500.00 Commissioner Golub stated Steven Kamen had purchase, by way of a donation, one (1) memorial bench and plaque to read, “In Loving Memory, Richard and Mary Grabowy.” Commissioner Golub moved and Commissioner Montagnino seconded to accept a donation from Steven Kamen for a memorial bench in the amount of $1,500.00. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. 9. Discussion and Vote: Accept Donation From Robin and David Edwards for Memorial Bench in the Amount of $1,500.00 Commissioner Golub stated Robin and David Edwards had purchased, by way of a donation, one (1) memorial bench and plaque to read, “In celebration of Sue & Bob Edwards’ 50th Wedding Anniversary, Love your children & grandchildren.” Commissioner Golub moved and Commissioner Montagnino seconded to accept a donation from Robin and David Edwards for a memorial bench in the amount of $1,500.00. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. PUBLIC SAFETY DEPARTMENT Commissioner Montagnino moved and Commissioner Moran seconded to add an item to set a Public Hearing to the agenda to amend Chapter 225-89. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. 1. Set Public Hearing: Amend Chapter 225-89 of the City Code Commissioner Montagnino requested a five (5) minute Public Hearing to be added to the July 19, 2022, City Council Meeting, for an ordinance to amend Chapter 225 § 89 of the City Code to expand a loading zone on the north side of the street by an additional fifteen (15) feet. 2. Discussion and Vote: Authorization to Pay Invoice to CHA Consulting Commissioner Montagnino stated the CHA Consulting invoice to be for change order 1-4 completed at fire station #3. Montagnino stated the work involved had been wetland review, aquatic resource and stormwater design, cold storage building and generator upgrade. Montagnino stated the City Council approved the change order at the June 7, 2022, Meeting. Montagnino stated the invoice to be in the amount of $49,8000 and to be in the Capital Budget. Commissioner Montagnino moved and Commissioner Moran seconded to authorize payment to CHA Consulting. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. Page 19 of 20 City Council Meeting May 17, 2022 3. Discussion and Vote: Authorization to Pay Invoice to Ryan Biggs Commissioner Montagnino stated the Ryan Biggs invoice to be for a change order pursuant to fire station #3 for the completion of topographic survey. Montagnino stated the City Council approved the change order at the June 7, 2022, Meeting. Montagnino stated the invoice to be in the amount of $4,000.00 and to be in the Capital Budget. Commissioner Montagnino moved and Commission Moran seconded to authorize payment to Ryan Biggs. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. 4. Discussion and Vote: Authorization for Mayor to Sign Lease Agreement with Ricoh Commissioner Moran stated the lease agreement with Ricoh to had previously been approved by the City Council. Montagnino stated the printer copier would be used at the Public Safety Commissioner’s Office. Montagnino stated the Commissioner’s Office gave their copier to the dispatch office, due to their copier being destroyed in a fire. Montagnino stated the lease fee to be $49.97 per month. Commissioner Montagnino moved and Commissioner Moran seconded to authorize the Mayor to sign the lease agreement with Ricoh. Ayes 4 – 0 | Nays 0 | Absent 1 The Motion Carried. 5. Set Public Hearing: Capital Budget Amendment for Fire Station # 3 Commissioner Montagnino requested a ten (10) minute Public Hearing during the July 19, 2022, City Council Meeting. Montagnino stated the topic would be to discuss the Capital Budget. Montagnino stated the four (4) individual bids for fire station #3 had come in 15% - 20% higher than expected, due to supply chain, cost of goods, inflation. Montagnino stated an amendment to increase the Capital Budget of $1,348,200.00 would be discussed. ADJOURN Mayor Kim moved and Commissioner Montagnino seconded to adjourn the meeting at 9:09 p.m. Respectfully submitted, Barbara Brindisi Assistant City Clerk Approved: October 6, 2022 Vote 4 Ayes - 0 Nays - 1 Absent Page 20 of 20  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NY WHEREAS, by passing Chapter 56 of the Laws of 2022, the New York State Legislature amended Section 103 of the Open Meetings Law; and WHEREAS, Chapter 56 adds Section 103-a of the Open Meetings Law, permitting the Saratoga Springs City Council to authorize its members to attend meetings by videoconferencing under extraordinary circumstances; and WHEREAS, Section 103-a(2)(a) requires the Saratoga Springs City Council to adopt a resolution following a public hearing authorizing the limited use of videoconferencing under such circumstances; and WHEREAS, Section 103-a(2) allows for hybrid meetings by requiring “that a minimum number of members are present to fulfill the public body’s quorum requirement in the same physical location or locations where the public can attend”; and WHEREAS, Section 103-a(2)(c) requires that members be physically present at any such meeting “unless such member is unable to be physically present at any such meeting location due to extraordinary circumstances…including disability, illness, caregiving responsibilities, or any other significant or unexpected factor or event which precludes the member’s physical attendance at such meeting”; and WHEREAS, in accordance with Section 103-a(2)(d), any members attending by videoconference must, except during executive sessions, be “heard, seen and identified, while the meeting is being conducted, including but not limited to any motions, proposals, resolutions, and any other matter formally discussed or voted upon”; and WHEREAS, Section 103-a(2)(g) requires that any meeting where a member attends by videoconference be recorded, posted to the City of Saratoga Springs’ webpage within five business days, and transcribed upon request; and WHEREAS, Section 103-a(2)(h) requires that members of the public be permitted to participate, if authorized, in any meeting by videoconference when a member attends by videoconference, BE IT RESOLVED that the Saratoga Springs City Council authorizes its members who experience an extraordinary circumstance, as described above and further defined by any rules or written procedures later adopted, to attend meetings by videoconference: (i) as long as a quorum of the members attend in-person at one or more locations open to the public; (ii) as long as the member can be seen, heard, and identified while the open portion of the meeting is being conducted; and (iii) as otherwise permitted under Chapter 56 of the Laws of 2022; and be it further  RESOLVED, that the Saratoga Springs City Council shall create written procedures further governing its use of videoconferencing by its members in compliance with Chapter 56 of the Laws of 2022. DATED: AYES NAYS CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK ________________________________ By: Dillon Moran, City Clerk  CITY OF SARATOGA SPRINGS PROCEDURES FOR MEMBER VIDEOCONFERENCING PURSUANT TO PUBLIC OFFICERS LAW SECTION 103-a In compliance with Public Officers Law (POL) section 103-a(2)(a), the Saratoga Springs City Council, following a public hearing, authorized by resolution on July 5, 2022 the use of videoconferencing as described in POL section 103-a. The following procedures are hereby established to satisfy the requirement of POL section 103(a)(2)(b) that any public body which in its discretion wishes to permit its members to participate in meetings by videoconferencing from private locations – under extraordinary circumstances – must establish written procedures governing member and public attendance. 1. These procedures shall apply to meetings of the Saratoga Springs City Council and any agency, board, commission, or other entity subject to Section 13.4 of the Charter of Saratoga Springs, collectively “Saratoga Springs Public Bodies.” The terms “Public Body Member” and “Member” shall apply to all members of Saratoga Springs Public Bodies. 2. Public Body Members shall be physically present at any meeting of the Saratoga Springs Public Body unless such Member is unable to be physically present at one of the designated meeting locations due to extraordinary circumstances. 3. For purposes of these procedures, the term “extraordinary circumstances” includes disability, illness, caregiving responsibilities, non-routine events or responsibilities of family or personal business, or any other significant or unexpected factor or event which precludes the Member’s physical attendance at such meeting. 4. If a Member is unable to be physically present at one of the designated public meeting locations and wishes to participate by videoconferencing from a private location due to extraordinary circumstances, the Member must notify the chair of the Saratoga Springs Public Body no later than four business days prior to the scheduled meeting in order for proper notice to the public to be given. If extraordinary circumstances present themselves on an emergent basis within four days of a meeting, the Saratoga Springs Public Body shall update its notice as soon as possible to include that information. If it is not practicable to update the notice, the Saratoga Springs Public Body may reschedule its meeting. 5. If there is a quorum of Members participating at a physical location(s) open to the public, the Saratoga Springs Public Body may properly convene a meeting. A Member who is participating from a remote location that is not open to in-person physical attendance by the public shall not count toward a quorum of the Saratoga Springs Public Body, but may participate and vote if there is a quorum of Members at a physical location(s) open to the public. 6. Except in the case of executive sessions conducted pursuant to POL section 105, the Saratoga Springs Public Bodies shall ensure that their Members can be heard, seen, and identified while the meeting is being conducted, including but not limited to any motions, proposals, resolutions, and any other matter formally discussed or voted upon. This shall include the use of first and last name placards physically placed in front of the Members or, for Members participating by videoconferencing from private locations due to extraordinary circumstances, such Members must ensure that their full first and last name appears on their videoconferencing screen. 1  CITY OF SARATOGA SPRINGS PROCEDURES FOR MEMBER VIDEOCONFERENCING PURSUANT TO PUBLIC OFFICERS LAW SECTION 103-a 7. The minutes of the meetings involving videoconferencing based on extraordinary circumstances pursuant to POL section 103-a shall include which, if any, Members participated by videoconferencing from a private location due to such extraordinary circumstances. 8. The public notice for the meeting shall inform the public: (i) that extraordinary circumstances videoconferencing will (or may) be used, (ii) where the public can view and/or participate in such meeting, (iii) where required documents and records will be posted or available, and (iv) the physical location(s) for the meeting where the public can attend. 9. The Saratoga Springs Public Bodies shall provide that each open portion of any meeting conducted using extraordinary circumstances videoconferencing shall be recorded and such recordings posted or linked on the City of Saratoga Springs website within five business days following the meeting, and shall remain so available for a minimum of five years thereafter. Such recordings shall be transcribed upon request. 10. If Members are authorized to participate by videoconferencing from a private location due to extraordinary circumstances, the Saratoga Springs Public Body shall provide the opportunity for members of the public to view such meeting by video, and to participate in proceedings by videoconference in real time where public comment or participation is authorized. The Saratoga Springs Public Bodies shall ensure that when extraordinary circumstances videoconferencing is used, it authorizes the same public participation or testimony as in person participation or testimony. 11. Open meetings of the Saratoga Springs Public Bodies conducted using extraordinary circumstances videoconferencing pursuant to the provisions of POL section 103-a shall utilize technology to permit access by Members of the public with disabilities consistent with the 1990 Americans with Disabilities Act (ADA), as amended, and corresponding guidelines. For the purposes of this guideline, “disability” shall have the meaning defined in Executive Law section 292. 12. The in-person participation requirements of POL section 103-a(2)(c) shall not apply during a State disaster emergency declared by the governor pursuant to Executive Law section 28 or a local state of emergency proclaimed by the chief executive of a county, city , village or town pursuant to section 24 of the Executive Law, if the City Council determines that the circumstances necessitating the emergency declaration would affect or impair the ability of the Saratoga Springs Public Bodies to hold in-person meetings. 2  CITY OF SARATOGA SPRINGS PROCEDURES FOR MEMBER VIDEOCONFERENCING PURSUANT TO PUBLIC OFFICERS LAW SECTION 103-a 13. These procedures shall be conspicuously posted on the Saratoga Springs website. ADOPTED at a meeting of the City Council on July 5, 2022 Ayes Nays CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK _____________________________ By: Dillon Moran, City Clerk 3  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK A RESOLUTION AUTHORIZING THE CITY OF SARATOGA SPRINGS TO SEEK FUNDING THROUGH THE NEW YORK STATE CONSOLIDATED FUNDING APPLICATION FOR CLIMATE SMART COMMUNITIES Mayor Ron Kim Commissioner Jason Golub Commissioner Dillon Moran Commissioner James Montagnino Commissioner Minita Sanghvi WHEREAS, the City of Saratoga Springs’ current Comprehensive Plan states that the most important consideration that will guide future development of our “City in the Country” is sustainability; and WHEREAS, the City of Saratoga Springs seeks to complete a Government Operations Climate Action Plan to develop a comprehensive strategy to address the climate crisis and outline a collection of measures and policies that can reduce greenhouse gas (GHG) emissions, increase efficiencies, and create a more sustainable and resilient government operation; and WHEREAS, the City of Saratoga Springs hereby requests financial assistance from the New York State Climate Smart Communities Grant Program pursuant to Environmental Conservation Law Article 54, Title 15; and WHEREAS, said project is currently estimated to cost Seventy Five Thousand Dollars ($75,000); and WHEREAS, the City of Saratoga Springs certifies that it has identified $ 37,500 of matching funds from General Fund budget appropriation pursuant to the requirements of Environmental Conservation Law Article 54 Title 15; and WHEREAS, New York State Department of Conservation through the Office of Climate Change through the New York State Consolidated Funding Application (CFA) has invited funding proposals in 2022; and WHEREAS, this City Council desires to seek such available funding assistance through the CFA Climate Smart Communities Category II - Certification PE2 Action: Government Operations Climate Action Plan; and BE IT RESOLVED, that the Mayor, as the Chief Executive Officer of the City of Saratoga Springs, is hereby authorized and directed to file an application for funding through the New York State Consolidated Funding Application, in an amount not to exceed $75,000 dollars with a local in kind and cash match of $37,500. Upon grant funds being awarded, the proposed contract will be reviewed and approved by City Council. Ayes Nays _______ Dated July 5, 2022 CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK ____________________________________ By: Dillon Moran, City Clerk