City Council

CLOSE CITY OF SARATOGA SPRINGS City Council Meeting City Council Room Watch Meeting Room live: July 19, 2022 https://www.saratoga- springs.org/2637/Live-Meeting-Menu : P.H. - Amend Capital Budget - Station 3 : P.H. - UDO Amendment 1 - Remove Uses From Greenbelt : P.H. - UDO Amendment 2 - Land Use Boards Criteria for Greenbelt : P.H. - UDO Amendment 3 - Enhance Stream and Wetland Protections : P.H. - UDO Amendment 4 - Amend Land Disturbance Activity Permit 06:45 PM P.H. - Amend Chapter 225 - Loading Zone on Phila Print 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S): 1. Presentation: SIFI Project Status Report 2. Presentation: GAR Associates EXECUTIVE SESSION: CONSENT AGENDA 1. Approval of 7/5/22 Pre-Agenda Meeting Transcript 2. Temporary Outdoor Dining Permit Approvals 3. Approve Budget Transfers - Regular 4. Approve Budget Amendments - Debt Service Interfund Transfers 5. Approve Budget Amendments - Insurance 6. Approve Budget Amendments - Regular 7. Approve Payroll 07/08/22 $426,585.20  8. Approve Payroll 07/15/22 $688,550.12 9. Approve Mid-Warrant - 2022, 22MWJUL1 $62,949.39 10. Approve Mid-Warrant 2022, 22MWJUL2 $361.56 11. Approve Warrant 2022, 22JUL2 $635,426.43 MAYOR’S DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Contract with Delta Development Group, Inc. 2. Discussion and Vote: Resolution re Poet Laureate 3. Announcement: Appointment to Planning Board 4. Announcement: Appointment to Community Development Citizen Advisory Committee 5. Discussion: 2022/2023 Holidays and City Council Meeting Schedule ACCOUNTS DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign GAR Associates Addendum #7 2. Award of Bid: Visitor Center and Arts Center Building Condition Survey to Clark Patterson Lee 3. Award of Bid: Bid Extension for Pest Control to Absolute Pest Control, Inc. 4. Announcement: August Primary 5. Announcement: Upcoming Special Events 6. Discussion and Vote: Position Salary Upgrade for Assistant City Clerk FINANCE DEPARTMENT 1. Announcement: City Council Meetings - Wifi Access Information 2. Update: Participatory Budgeting 3. Update: City Finances 4. Discussion and Vote: Resolution to Use Assignment for Non-Profit Grants 5. Discussion and Vote: Budget Amendment - Use of Assignment for Non-Profit Grant Program 6. Discussion and Vote: User Terms for City Sponsored Public WiFi Access 7. Discussion and Vote: Agreement with Cloud Navigator for Microsoft O365 8. Discussion and Vote: Approve Voucher for Mileage Reimbursement in the amount of $28.20 9. Budget Transfers - Payroll 10. Budget Transfers - Contingency PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for the Mayor to Sign Change Order #1 with Carver for the Water Main Upgrades Project 2. Discussion and Vote: Authorization for Mayor to Sign Contract with CPL for Building Conditions Survey 3. Discussion and Vote: Authorization for Mayor to Sign Contract with Absolute Pest for Integrated Pest Management 4. Discussion and Vote: Authorization for the Mayor to Sign Sidewalk Agreement for 10 Empire Ave  5. Announcement: Flat Rock Park 6. Announcement: Woodlawn Parking Garage PUBLIC SAFETY DEPARTMENT 1. Discussion: Capital Budget Amendment for Fire Station 3 2. Set Public Hearing: Proposed Aggressive Solicitation Ordinance 3. Discussion and Vote: Amend Chapter 225 of the City Code. Section 225-89; schedule XXIV - Loading Zones 4. Discussion: Authorization for Mayor to sign MOA with PBA for 10 hour shifts SUPERVISORS 1. Tara N. Gaston 1. COVID-19 Update 2. Board of Supervisors Meeting 2. Matt Veitch 1. COVID-19 Update 2. National Association of Counties Conference ADJOURN City Council Meeting May 17, 2022 July 19, 2022 CITY OF SARATOGA SPRINGS City Council Meeting Scirocco Music Hall 474 Broadway 7:00 PM PRESENT: Ron Kim, Mayor Minita Sanghvi, Commissioner of Finance 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: 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 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 – Fire Station #3 Mayor Kim opened the public comment period at 6:50 p.m. Commissioner Montagnino stated there to be an error in the dollar figure in the Public Notice, and due to that error Montagnino stated rather to error on the side of caution by rescheduling the Public Hearing for August 2, 2022, with the correct amount. Mayor Kim concluded the public hearing at 6:51 p.m. Page 1 of 17 City Council Meeting May 17, 2022 UDO Amendment 1 – Remove Uses From The Greenbelt Mayor Kim opened the public comment period at 6:51 p.m. Mayor Kim stated the UDO to be at the point of the process where the four (4) amendments proposed to the UDO have been reviewed by the County and City Planning Boards and submissions of recommendation were sent to the City Council Members. Kim stated there would be discussions and votes at upcoming meetings on the proposed amendments after further review and recommendations from the Design Review Board. Mayor Kim concluded the public hearing at 6:54 p.m. and kept it open. UDO Amendment 2 – Land Use Boards Criteria For The Greenbelt Mayor Kim opened the public comment period at 6:54 p.m. No one spoke. Mayor Kim concluded the public hearing at 6:55 p.m. and kept it open. UDO Amendment 3 – Enhance Stream and Wetland Protections Mayor Kim opened the public comment period at 6:56 p.m. No one spoke. Mayor Kim concluded the public hearing at 6:56 p.m. and kept it open UDO Amendment 4 – Amend Land Disturbance Activity Permit Mayor Kim opened the public comment period 6:57 at p.m. No one spoke. Mayor Kim concluded the public hearing at 6:57 p.m. and kept it open. Amend Chapter 225 – Loading Zone on Phila Street Mayor Kim opened the public comment period 6:58 at p.m. Commissioner Montagnino and Commissioner Moran stated the load zone to extend access thirty (30) feet of access after 4 p.m. for vehicles, tour buses, and vans directly adjacent in front of Caffe Lena due to barriers used for temporary outdoor dining. Mayor Kim concluded the public hearing at 6:59 p.m. and closed it. CALL TO ORDER ROLL CALL Kim – Aye Sanghvi - Aye Moran – Aye Montagnino – Aye Golub – Aye Veitch – Aye Page 2 of 17 City Council Meeting May 17, 2022 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. The microphone had not been used properly by many public members and the audio went in an out and did not pick up all of the spoken word by the public. Sam Brewer of Lake Avenue, Saratoga Springs, stated the Do Not Feed The Ducks signs at Congress Park continued to be an issue for Mr. Brewer. Mr. Brewer continued to express the desire to want the “Do Not Feed the Ducks,” signs removed from Congress Park. Mr. Brewer stated to want the Commissioner Golub position known on the signage within Congress Park. Sherry Printer Advocate for the Homeless, Saratoga Springs, stated Social Service workers should work with the SSPD in regards to the homeless and panhandlers. Printer stated many homeless had mental health issues. Printer state RISE would be a organization that would be willing to work with the homeless and the police department. Commissioner Montagnino stated the intent of the proposed Aggressive Solicitation Ordinance had not been an intent to be punitive, but to be a tool to use to get help for those that need it. Montagnino stated many panhandlers do not know where to go to get help, and if those that find themselves in front of Judge Vero will be put in touch with organization that will give help and services to those in need. Anthony Brown of Saratoga Springs, stated to be of the Saratoga BLM. Brown stated to wanted to take back the narrative. Brown stated former Commissioner Dalton had backed the Back the Blue Supporters. Brown stated the police department were the problem across the country. Brown stated the SSPD and Saratoga Sherriff Department had harassed black activists. Brown stated to had been slammed to the ground and had a gun put to his head, and the SSPD should be held accountable. Brown stated Derek Chauvin had been held accountable for killing George Floyd. Commissioner Montagnino stated the NYS Attorney General’s Office is in the process of doing their investigation, and there are no outstanding requests from the Attorney General’s Office to the City of Saratoga Springs. Mayor Kim stated the investigation by the Attorney General’s Office into any incident regarding SSPD had not been completed. Adam Walker of Saratoga Springs, stated to be excited for the new administration. Walker stated to support to the defund the police department in Saratoga Springs. Walker stated the police are involved in dangerous activity against the public. Walker stated Lexis Figureo would be a great advocated to appoint to the Civilian Review Board (CRB). Walker stated Albany had a growing and working CRB. May Robin of Skidmore College, Saratoga Springs, stated to be an intern with People’s Voice Media. Robin stated to hope to help bridge the gap by giving amplification to the voices of the unheard and marginalized voices of the community. Page 3 of 17 City Council Meeting May 17, 2022 Liz Zach of Phila Street, Saratoga Springs, stated to try to help a homeless individual and get them back on their feet, and to get the person mental health assistance. Zach stated a SSPD officer had handed out eviction letters to the homeless encampment on West Avenue. Zach stated the letter stated the eviction would take place in less than one (1) week. Zach stated the letters happen one (1) month after the Saratoga County Alliance to End Homelessness Public Forum. Zach stated to work at Saratoga Center for the Family where the wait list for services is close to one (1) year. Zach asked Commissioner Montagnino what the plan would be to bridge the gap between the punitive measures that are be avoided and to actually make effective change for those residents of the City that are affected. Don Shore of Saratoga Springs, stated there to be an Arts event on Beekman Street which had excluded many to participate. The microphone had not been used properly by many public members and the audio went in an out and did not pick up all of the spoken word by the public. Mayor Kim concluded the Public Comment at 6:59 p.m. PRESENTATION(S): SIFI Project Status Report Commissioner Golub stated in 2018, SIFI Networks had entered into an agreement with the City for the development of a City-wide fiber optic network. Golub stated the network would allow for smart city applications for home and businesses across the City. Golub stated SIFI would be presenting a status report on the project to the current Council, public, and the future plans of the project. Golub stated the company had completed a test area of approximately two (2) blocks within the City, so far. Robbie Heaps began the presentation. Heaps stated the history of the project started at the establishment of the Saratoga Springs Smart Cities Commission in 2016. Heaps stated a 71-page report had been established and issued to the committee to close the digital divide and the right to broadband services throughout the City. Heaps stated the services included in the report included DPW infrastructure, smart parking meters, video cameras, and stormwater and EMT Services. Heaps stated there had been a business component to the report, as well. Heaps stated the new solution for broadband to be the glass fiber optic cable. Heaps stated the glass tubes have the capacity to move over 144 different fiber optics through it at the speed of light. Heaps stated data moves through cables and much is not wireless or moving by the way of satellites. Heaps stated the business model to not be tax-payer financed, but financed through APG, which is a thirty (30) year long-term pension investment fund. Heaps stated SIFI handles all the designs and internet providers and are paid by the fiber-optic users. Heaps stated SIFI handle all the maintenance of the program and had signed a Development Agreement (DA) with the City of Saratoga Springs in 2018. Heaps stated the agreement planned to be a two-year build with granted access to the hardscape and the softscape of sidewalks, right of ways, and roadways. Heap stated the agreement established a 30 (thirty) right lease agreement and have full responsibilities of maintenance repair of the network. Heaps stated the right of way of the grass area between sidewalk and roadway had been a big obstacle. Heaps stated Amendments I and II were added to the Development Agreement due to the pandemic. Helps stated the pilot started during the Fall of 2021. Heaps stated the pilot had been successful in all attributes except the top layer. Heap acknowledged the error had been mixing the top layer manually in the field, which had been destroyed by the snow plows pulled up the top layer. Heaps stated the company had learned from the error and anything above the roadway service is liable for a plow or truck. Page 4 of 17 City Council Meeting May 17, 2022 Heaps stated the ideal situation and location to be in the softscape of land. Heaps stated the DPW and SIFI worked together to reanalyze the process and work within the green space. Heaps stated to realize every city address would feel affected by the project and work heavily with community relations in each neighborhood as they move forward. Heaps stated all calls are redirected from the City to their community service lines. Heaps stated there to 85 – 95% of the project to be in the greenspace of the City moving forward. Heaps stated to work with arborist and water jetting and ground penetrating radar to find underground utilities. Heaps stated the depth of the conduit to be approximately twelve (12) inches. Heaps stated each house or business would have their own conduit in the event of a cut. Heaps stated trenching would be able to be done under bricks. Heaps stated the public understand the need for broadband services. Heaps stated there to be approximately 216 concrete chambers to be installed to complete the project. Heaps stated to be able to complete the design and submitting it to the DPW in August 2022. Commissioner Moran asked if telephone poles had been considered for use. Heaps stated the traditional power lines were owned by the power company and they would be required on both sides of the streets to access all residences and businesses. Moran stated the deployment element had seemed to be the tripping point of the project. Heaps stated the community relations of SIFI will assist the public in explaining to the public the right of way issues. Mayor Kim stated to be uncomfortable with the project. Kim stated the reality of the City, which had just disrupted people for the Downtown Connector to now dig up the greenspace for SIFI, would be another disruption. Kim stated former DPW Commissioner Scirocco did not like the project, and it had been Commissioner of Finance who pushed for the project. Kim stated the City need to be a Smart City, but this may be the wrong technology to do it. Kim stated not to understand why the City would invade the greenspace. Commissioner Golub stated to understand the concerns of former DPW Commissioner were with the pilot program, which had been accurate concerns. Golub stated the second program is less invasive. Golub stated not to want to hold up progress of broadband, because residents and businesses to be upset over touching greenspace. Golub stated there is to be some form of invasion to land with progress. Golub stated in order for the City of Saratoga Springs to compete with other cities, it needs to move forward with broadband. Kim stated to rather hesitate to do something that looks like the wrong technology for the City. Kim stated not to be sure this to be the right technology for Northeastern United States. Kim stated the softscape freezes as much as hardscape. Kim stated the Council to need to think hard whether the progress of broadband is right for the City, and is worth the tradeoff to the community’s feedback. Kim stated the City needs broadband, but not sure this project to be the solution. Golub stated over the last several months within the three (3) city blocks where work had been done, the City had not received one call or complaint. Heaps stated the SIFI Community Relations Department went out ahead of time to prepare the residents. Commissioner Montagnino asked whether another city with similar climate already had this technology installed. Heaps stated in the last four (4) years, 12 – 19 cities have been built out and none, that are complete, had the same climate. Heaps stated not to feel the glass cables to be an issue when properly placed. Moran stated the gap needs to be bridged, due to the requirement of creating tomorrow’s business with the long-lasting broadband with the perceived concerns of the community. GAR Associates Page 5 of 17 City Council Meeting May 17, 2022 Commissioner Moran introduced Dave Barnett with GAR Associates. Moran stated the Account’s Department is the Assessor for the City, and has approximately $3.3 Billion Dollars of assessed property within the City of Saratoga Springs. Moran stated over time a large backlog of property growth, which affect property worth had happened and had not been accounted for or captured by the Assessment Department. Moran stated the project being discussed is a data verification project, which would use technology to verify all the information gathered on city properties to be accurate. Moran stated the responsibilities most fundamental to Assessment’s are to accurate, equitable, and fair. GAR Associates co-owner Dave Barnett stated the proposed plan to modernize the Assessment Office and background with the City started in 2012. Barnett stated GAR Associates had been in business for 61-years and provided assessment, appraisal, and consulting services across different municipalities across New York State on over one-million parcels. Barnett stated the plan is prudent for any assessment department to do on a regular basis. Barnett stated the plan of action would update information in the Assessment records, and would create an element of transparency through an interactive website ultimately to be available to the public for viewing and education. Barnett stated assessment could be very complex and confusing for the most knowledgeable property owner. The updated information provides a public relations effort to share information with property owners. Barnett stated March 1 to be the taxable status date, May 1 is a tentative role date, and July 1 is a final roll date in the Assessment world. Barnett state anything that is constructed or completed by the taxable status date, a percentage of completion gets a value. Barnett stated, at this time, there are approximately 77 new constructions permit within the City for parcels that have a dwelling on them, and listed as vacant land. Barnett stated the current backlog may be for residential permits for additions or swimming pools which may not necessarily be new construction. Barnett stated the items would have a material effect on the value of the property. Barnett stated these uncaptured inventories would equate to taxable value, and be on the docked for the project for 2022. Barnett stated GAR had previously worked with the City on commercial permits on high-value properties. Commissioner Moran stated the Assessment Department had worked out a system with the Building Department with the assistance by Patrick Cogan. Barnett stated there to be symmetry with the Building Department records to digitize building permit records. Barnett stated there to be plans for neighborhood delineation refinement within the city to combine the thirty (30) residential neighborhoods to consolidated neighborhood with similar, recognizable public perspective neighborhoods. Barnett stated the purpose is to make the departments more efficient with consolidated codes. Barnett stated the project would utilize aerial imagery to caput any non-permanent improvements. Barnett stated there to be an assessment database would be added to the existing RPSV4 System. Barnett stated GAR Associates to be in the process of the backend infrastructure of the City-site. GAR stated the current agreement would require to be amended to include a tow-year work effort. Barnett stated GAR would work in the same process they had done on the commercial project, with updates of technology to the Assessment Office and to the public. Commissioner Moran stated former Commissioner Franck had been the first to bring assessment information to the public website. Moran stated transparency to be the goal of the assessment of properties throughout the communities. Moran stated the growth within the City produced more neighborhoods, instead of unifying the district. Moran stated the values of residences have a lot to do with the neighborhood they belong to, so in unifying and combining the zones and properly assessing the properties value. Page 6 of 17 City Council Meeting May 17, 2022 Mayor Kim stated the Mayor’s Office had similar conversations with the Building Department and Zoning, regarding their workings with Code Enforcement and DPS regarding everything being paper and not digital and accessible to each other department. Kim stated residents can become frustrated if the right file had not been pulled and it to be inefficient process for the City’s professionals. Kim asked how does the City get to the point where data is available between all departments and a person is in the field and pulls up all pertinent information on a property. Moran stated the City requires a backbone the City to work off of, and each department builds off of it. Kim stated part of the problem to be the City works off the MUNIS program. Barnett stated the Mayor is describing housing data where multiple department can communicate, which is what GAR Associates does to fit the needs of a municipality. Barnett stated the company to be a system integrator, website designers, appraisers. Barnett stated there to be a public facing site, as well as a interdepartmental backbone where each department utilizes to create symmetry. Moran stated the beginning of the project is to start with the backlog, and then to work with GAR to move the City forward. Kim stated the conversation to long-term solutions needs to be explored. Moran stated the contract to be voted at the City Council Meeting in front of them is for the commercial and residential contract to be combined, so one line is administered. Moran stated the contract GAR put forward will be covered by the Accounts Department through the end of this year. CONSENT AGENDA Mayor Kim moved and Commissioner Moran seconded to approve the consent agenda as listed: 1. Approval of 7/5/22 Pre-Agenda Meeting Transcript 2. Temporary Outdoor Dining Permit Approvals 3. Approve Budget Transfers – Regular 4. Approve Budget Amendments – Debt Service Interfund Transfers 5. Approve Budget Amendments – Insurance 6. Approve Budget Amendments – Regular 7. Approve Payroll 07/08/22 $426,585.20 8. Approve Payroll 07/15/22 $688,550.12 9. Approve Mid-Warrant -2022, 22MWJUL1 $62,949.39 10. Approve Mid-Warrant 2022, 22MWJUL2 $361.56 11. Approve Warrant 2022, 22JUL2 $635,426.43 Ayes – All 5-0 There were no Executive Session. SUPERVISORS Supervisor Michael Veitch 1. Board of Supervisor Meeting Supervisor Veitch stated the Saratoga County Board to be expected to approve the lease for the Code Blue location at Adelphi Street. Veitch gave thanks to the County Board for establishing a site, and stated the county lease to start immediately and run through April 30, 2023. Veitch gave Page 7 of 17 City Council Meeting May 17, 2022 thanks to the Health and Human Services Committee and Law and Finance Committee for their unanimous votes. 2. National Association of Counties Conference Supervisor Veitch stated the NACo Conference would be held in Adams County Colorado near Denver. Veitch stated to serve as a member of the Community Economic and Workforce Development Committee. Veitch stated the committee to work closely with affordable housing and community development block grant spending, as well as the federal governments Workforce Innovation and Opportunity Act funding. Veitch stated to serve as a Vice Chair for the Northeast Region Membership Committee to involve more counties involved in NACo; Veitch stated 2/3 rd of the counties in New York State are members of NACo. Veitch stated to serve on the Arts and Culture Commissions, and Vice Chairman of the International Economic Development Committee, which promote economic development opportunities for oversees attraction to Upstate New York. Veitch stated to be the voting candidate for Saratoga County to vote for the Second Vice President, which to be the person to take the presidency in two (2) years. Supervisor Tara Gaston 1. Covid-19 Update Supervisor Gaston stated the seven (7) rolling average positivity rate at 8.9%. Gaston stated over 50% of the cases in New York State is the BA.5 strain. Gaston stated, at this time, there to be no cases of Monkeypox in Saratoga County. Gaston stated there to be continued vaccine clinics at the Public Health Department. 2. National Association of Counties Conference Supervisor Gaston stated the County presented a study of resilient infrastructure across the county. Gaston stated some the issues mentioned to be broadband and energy resources. MAYOR’S DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Contract with Delta Development Group, Inc. Mayor Kim stated the Infrastructure Task Force had been working to find state & federal funding priorities for the City to apply for . Kim stated the next step for the City would be to hire a Grant Consultant, due to all the grants available. Kim stated Tina Carton had been the point person for the grant writing. Kim stated Delta Development Group had been interviewed and would be retained, by the City, from August 1, 2022, through December 31, 2022. Kim stated the group would develop strategic plans and prepare funding applications and assist with the post-award process. Commissioner Moran stated the it had been an honor to work with the Infrastructure Committee to learn and understand the grant writing process. Moran stated to have appreciation of the capacity and knowledge of in- house staff, like Tina Carton, to write grants Moran stated the value of one grant supersedes the cost of grant services. Mayor Kim moved and Commissioner Montagnino seconded to authorize the Mayor to sign the contract with Delta Development Group, Inc. in the amount of $25,000. Ayes – All 5-0 Page 8 of 17 City Council Meeting May 17, 2022 2. Discussion and Vote: Resolution re Poet Laureate Mayor Kim waived the reading of the resolution attached to the agenda. Kim stated the resolution would form a Poet Laureate Committee. Kim stated the City Council Members and County Supervisor were asked to appoint an individual to the committee within the next two (2) weeks. Kim nominated Rachael Baum to be the Chair of the Poel Laureate Committee. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NY WHEREAS, the City Council recognizes the long, diverse, and rich history of the arts as an important element of our community; and WHEREAS, the City Council recognizes the honorary office of Poet Laureate in the City of Saratoga Springs as a means of celebrating the achievement of a local poet, while encouraging young and old to strive for greater expressive abilities and creating a wider appreciation of poetry and literature; and WHEREAS, the Poet Laureate Committee, representing a broad cross section of the arts community in Saratoga Springs, will nominate, review, and select the Poet Laureate; and WHEREAS, the recommendation of the Poet Laureate Committee will be presented to the Mayor of Saratoga Springs for approval. BE IT RESOLVED that the Saratoga Springs City Council creates the title and position of Poet Laureate of Saratoga Springs; and be it further RESOLVED that the Saratoga Springs City Council forms a Poet Laureate Committee with the mission and purpose as described above; and be it further RESOLVED that the Poet Laureate Committee will include qualified individuals appointed to two-year terms as follows: the chair will be appointed by the Mayor and each Commissioner and Supervisor of the City of Saratoga Springs may appoint a member within two weeks from City Council approval of this resolution; and be it further RESOLVED that upon the recommendation of the Poet Laureate Committee, the Mayor, with the approval of the City Council, shall appoint a Poet Laureate of Saratoga Springs for a two-year term. Mayor Kim moved and Commissioner Sanghvi seconded the Resolution creating the title and honorary appointment of Poet Laureate of Saratoga Springs. Ayes – All 5-0 3. Announcement: Appointment to Planning Board Mayor Kim announced Jason Doty had recently resigned from the Planning Board, which is one of the most active Boards within the City. Kim stated William McTygue had been appointed as a full-time member to Dot’s term, which will expire December 31, 2022. 4. Announcement: Appointment to Community Development Citizen Advisory Committee Mayor Kim announced the appointment of Julie Lewis to a three (3) year term to the Community Development Citizen Advisory Committee. Kim gave thanks to Jeffrey Winnicott for years served on the committee. Kim stated Lewis to be an Arts educator and co-founder of C.R.E.A.T.E. Page 9 of 17 City Council Meeting May 17, 2022 Community Studios on Beekman Street. Lewis facilitates expressive arts classes for children and adults to establish and foster connections within the City. 5. Discussion: 2022/2023 Holidays and City Council Meeting Schedule Mayor Kim stated many 2022/2023 City Council Meeting Schedule fall on dates following a holiday weekend. Kim stated the pre-agenda meetings after a holiday weekend to be rushed for the staff putting together the agenda. Kim stated the following holiday weekends to be affected include: Labor Day, New Years’ Day, MLK Jr Day, President’s Day, Independence Day, and Labor Day for 2022/2023. Kim stated to propose the pre-agenda to be on Wednesday and the City Council Meeting to be held on the Thursday after the holidays mentioned. Commissioner Moran stated the City Charter Section 2.2 state the regular meetings of the Council shall be on the first and third Tuesday of each month. City Attorney Izzo stated other meetings shall be held at such times. Izzo stated it had been interpreted those other meetings to be considered rescheduled meetings. Moran stated when there had been emergency meetings, those were to be considered other meetings and not rescheduled due to holidays. Moran stated the alternative to be the pre-agenda to be moved to the Friday prior to the City Council Meeting. Commissioner Sanghvi stated the Finance Department’s input stated the change of dates, due to holidays, would impact the Account’s Department and warrants and the Finance Department and transfers, payroll, and deadlines based on the Charter. Sanghvi stated the pre-agenda meeting to be on Friday may alleviate the issues that would arise with the change of City Council Meetings. Izzo stated the Open Meetings Law required to be reviewed before moving forward and to stay in compliance. Mayor Kim stated research had been done by Miller-Mannix where City Council can change the Charter without referendum. Kim stated salary had been one of the issues that can vary. Kim and Moran stated the agenda process seem to be a rushed process for the staff. Moran stated the pre-agenda meeting had not been contemplated in the Charter, and the flexibility on the Friday beforehand or an open meeting on Tuesday due to adjustments before the meeting would meet the issue in the middle. Izzo stated to believe the Council could reschedule certain meeting dates. Izzo stated there had been a time when Council Meetings were held on Mondays. Sanghvi stated since the pre-agenda meeting had not been mentioned in the Charter, it may be done by email. Sanghvi asked Izzo what would happen if multiple Commissioners were on vacation and there were enough Commissioners for a quorum. Izzo stated the Meeting cannot be open without a quorum. Izzo stated the most important items to be Public Notice and Open Meeting. Moran stated the functions of the government cannot be shortened and need to take place. ACCOUNTS DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign GAR Associates Addendum #7 Commissioner Moran stated GAR Associates Addendum #7 to be a combined residential & commercial property contract. Commissioner Moran moved and Commissioner Montagnino seconded to authorize the Mayor to Sign the Addendum #7 with GAR Associates. Ayes – All Page 10 of 17 City Council Meeting May 17, 2022 5-0 2. Award of Bid: Visitor Center and Arts Center Building Condition Survey to Clark Patterson Lee Commissioner Moran moved and Commissioner Sanghvi seconded to award the bid for the Visitor Center and Arts Center Building Condition Survey to Clark Patterson Lee in the amount not to exceed $30,280.00. Ayes – All 5–0 3. Award of Bid: Bid Extension for Pest Control to Absolute Pest Control, Inc. Commissioner Moran moved and Commissioner Golub seconded to award the bid to Absolute Pest Control, Inc. for an additional year under the terms, conditions, and prices as bid in number 2021-13. Ayes – All 5–0 4. Announcement: August Primary Commissioner Moran announced there to be an August Election Primary and upcoming early voting. Moran stated due to the issues to the recasting of boundaries to electoral district. Moran stated early voting would take place from Thursday, August 11, 2022, to Sunday, August 21, 2022, at the Recreation Center on Vanderbilt Avenue. Moran stated Primary Day to be Tuesday, August 23, 2022, from 6 a.m. – 9 p.m. for congressional and senate primaries. Commissioner Sanghvi stated to have heard feedback that County Officials were not happy with voter turnout for the primaries held in earlier months. Moran stated the split primaries may have been confusing, and there to be statewide questions to the value of early voting primaries. Moran stated the early voting center to be proximal to a lot of people who do not have mobility. Moran stated it to be difficult to recruit election workers, and recommended those with a civic mind to reach out to the Board of Election and volunteer. Sanghvi answered the question by stating it takes time for a community to grasp new ideas like early elections, and the community would get used to being able to vote early. 5. Announcement: Upcoming Special Events Commissioner Moran stated the DPS and DPW worked diligently together to put on the event to celebrate the first night of the thoroughbred racing meet for 2022. Moran announced the upcoming summer events to be Shakespeare in Congress Park, Art in the Park, Homemade Theater production of Sunday in the Park in Congress Park, as well as a candlelight vigil for Overdose Awareness Day. 6. Discussion and Vote: Position Salary Upgrade for Assistant City Clerk Commissioner Moran stated the Accounts Department had received approval from the Human Resource Department and CSEA to increase Step 1 beginning salary for Assistant City Clerk title to be commensurate with other City Hall administrative salary to $49,845,000.00. Moran stated the present salary of Assistant City Clerk to be $44,380.00. Commissioner Moran moved and Commissioner Sanghvi seconded to move the position salary upgrade of Assistant City Clerk from a Grade 8 to Grade 11. Ayes – All Page 11 of 17 City Council Meeting May 17, 2022 5–0 . FINANCE DEPARTMENT 1. Announcement: City Council Meetings – WIFI Access Information Commissioner Sanghvi announced public WIFI would be available at City Council Meetings. 2. Update: Participatory Budgeting Commissioner Sanghvi stated the deadline for Participatory Budging proposals would be July 25, 2022. Sanghvi stated the committee had received thirteen (13) proposals. Sanghvi stated the committee met with representatives from DPW and the Recreation Department to take steps towards effective collaboration on some of the submissions. 3. Update: City Finances Commissioner Sanghvi stated the sales tax collections had tepid results in the past month; June 2022 sales tax collection had been 13.4% lower than June 2021, which would be a difference of $54,000.00. Sanghvi stated the sales take to date to be approximately six-million dollars, which is to be slightly higher to date than 2021. Sanghvi stated the mortgage taxi had been down 4% from 2021. Sanghvi stated occupancy tax had been higher by 4% or approximately $40,000.00. Sanghvi predicted a recession to be coming to the area. Sanghvi stated each department to maintain their budget and to find cuts. Sanghvi recommended for the Council to look at the 2023 Departmental and Capital Budget with a measured moderate approach. 4. Discussion and Vote: Resolution to Use Assignment for Non-Profit Grant Program Commissioner Sanghvi stated the resolution to use Assignment for Non-Profit Grant Program. Sanghvi stated October 2021 the previous Council had created an assignment to establish non- profit grant program for approximately $20,000.00. Sanghvi stated earlier in 2021, the City Council had approved a grant in the amount of $10,000.00 to the SPAC All Together Now celebration, and the resolution approves the use of the funds. Commissioner Moran confirmed the resolution to be a funding mechanism to create a process to spend the grant money, and not a policy about selecting not-for-profits. Commissioner Sanghvi confirmed there had been an assignment and a process was required to be created. Moran asked if the mechanism put forth to be the way Council would be support non-profits. Mayor Kim stated as a governance issue, why are multiple resolutions required to accomplish a payment since it had already been approved. Sanghvi stated an assignment not to necessarily be in the budget, but to be a requirement make it part of the budget. Kim stated the catalog process of various resolution not to be clear nor increase transparency, but increase work. Kim stated public budgeting is administrative within the Finance Department rather than with resolutions. RESOLUTION (For Expenditure from the ASSIGNMENT FOR NON-PROFIT GRANTS) WHEREAS, the City Council of the City of Saratoga Springs established the Assignment to establish a non-profit grant program on 10/19/21 to “to fund a City gran program for nonprofits as adopted by City Council; and, WHEREAS, there are the Assignment includes the following requirements: 1. ……. All grants under this program shall require a finding by the Council that the amount of the individual grant provides a public benefit equal to or greater than the amount of the grant; and 2. The Assignment will be funded using unassigned fund balance in amounts as follows: a. Initial funding for the Non-Profit Grant Program Assignment will be provided by Page 12 of 17 City Council Meeting May 17, 2022 adding two-hundred thousand dollars ($200,000) from the general fund unassigned fund balance to the Assignment. b. The Non-Profit Grant Program Assignment will be replenished each year if/when the City’s audited financial statements, indicate that the City has an unassigned fund balance of not less than 10.00% of the total adopted budget expenditures of the General Fund as determined via section E(2)b of the City’s Fund Balance Policy. c. Upon meeting the requirements of 1(b) above, funding may total zero-three hundred thousand dollars ($0 - $300,000) annually, with the final amount to be approved by Council. d. The funding of this program shall not cause the City's general fund unassigned fund balance to be in a deficit, as defined by the fund balance policy. e. At no time shall the total amount in this Non-Profit Grant Program Assignment exceed five-hundred thousand dollars ($500,000). f. Subject to the items b-d above, other funding resources may be used as the Council deems appropriate. WHEREAS, on 05/24/22 the Council added an item to its agenda to approve a grant to SPAC in the amount of $10,000 for the All Together Now Celebration Weekend. Funding will be used for be advertising, banners, lighting, QR projectors, and the funding will come from the new non-profit grant program that the City instituted in 2021. WHEREAS: the benefit to the City is predicted to outweigh the expenditure; and WHEREAS: the Council approved unanimously approved the grant at its 05/24/22 City Council meeting. NOW, THEREFORE, BE IT RESOLVED, that the above-described specific expenditure up to the amount of $ 10,000, is hereby approved as authorized as in accordance with the ASSIGNMENT FOR NON-PROFIT GRANTS. Commissioner Sanghvi moved and Commissioner Moran seconded to the resolution to use assignment for non-profit grant program. Ayes – All 5–0 5. Discussion and Vote: Budget Amendment – Use of Assignment for Non-Profit Grant Program Commissioner Sanghvi moved and Commissioner Moran seconded to approved the budget amendment for the use of assignment for non-profit grant program. Ayes – All 5–0 6. Discussion and Vote: User Terms for City Sponsored Public WIFI Access Commissioner Sanghvi stated the City to be working on a pilot program to involve conversion of street lights to newer and more efficient LED lighting with network light controls. The project will provide free public WIFI at several locations throughout the City. Sanghvi stated the user terms for City-sponsored public WIFI access to be similar to public WIFI terms and services of other municipalities and institutions. Commissioner Sanghvi moved and Commissioner Montagnino seconded to approve the User Terms for City-Sponsored Public WIFI Access. Ayes – All 5–0 Page 13 of 17 City Council Meeting May 17, 2022 7. Discussion and Vote: Agreement with Cloud Navigator for Microsoft O365 Commissioner Sanghvi stated the agreement with Cloud Navigator for Microsoft O365 had been chosen to provide Microsoft services to provide increase internet security to the City and closer to the replacement of City Hall’s email system in the amount of $25,600.00. Commissioner Sanghvi moved and Commissioner Moran seconded to authorize the Mayor to sign the Agreement with Cloud Navigator for Microsoft O365 as included with the agenda. Ayes – All 5–0 8. Discussion and Vote: Approve Voucher for Mileage Reimbursement in the amount of $28.20 Commissioner Sanghvi moved and Commissioner Moran seconded to approve payment of voucher for mileage reimbursement for Finance Department employee in the amount of $28.20. Ayes – All 5–0 9. Budget Transfers – Payroll Commissioner Sanghvi moved and Commissioner Moran seconded the budget transfers – payroll as included with the agenda. Ayes – All 5–0 10. Budget Transfers – Contingency Commissioner Sanghvi moved and Commissioner Moran seconded the budget transfers – contingency as included with the agenda. Ayes – All 5–0 PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for the Mayor to Sign Change Order #1 With Carver Construction for the Water Distribution Pipe Replacement Project Phase #1 Commissioner Golub stated Carver Construction had been awarded Phase 1 of the Water Main Upgrade Project for $1,934,000.00. Golub stated there to be a change order to include the addition of materials of an additional gate valves and fittings in the amount of $120,335.50. Golub stated there to be approximately $1,710,000.00 in the Capital Fund to cover additional matters. Commissioner Golub moved and Commissioner Sanghvi seconded to authorize the Mayor to sign Change Order #1 with Carver Construction for the Water Distribution Pipe Replacement Project in the amount of $120,335.50. Page 14 of 17 City Council Meeting May 17, 2022 Ayes – All 5–0 2. Discussion and Vote: Authorization for the Mayor to Sign Contract with CPL for Building Conditions Survey Commissioner Golub stated the CPL Building Conditions Engineering Survey to be for the Arts Center and Visitor Center. Golub stated the purpose for the survey would be to determine the short-term and long-term capital investment requirements of these buildings. Golub stated the items to be reviewed include: mechanical, electrical, architectural and structural, and drainage system along with site conditions, ADA accessibility and security. Golub stated Clark Paterson Lee (“CPL”) to be the City designated engineers list and performed the architectural and engineering work for the City Hall emergency renovations. Commissioner Golub moved and Commissioner Sanghvi seconded to authorize the Mayor to sign the contract with Clark Paterson Lee for building condition assessment valid until October 2022 in the amount not to exceed $30,280.00. Ayes – All 5-0 3. Discussion and Vote: Authorization for the Mayor to Sign Contract with Absolute Pest for Integrated Pest Management Commissioner Golub stated Absolute Pest Control for comprehensive and integrated pest management services for various City of Saratoga Springs buildings. Commissioner Golub moved and Commissioner seconded to authorize the Mayor to sign a contract with Absolute Pest Control for integrated pest management services through August 3, 2022, not to exceed unit bid prices. Ayes – All 5–0 4. Discussion and Vote: Authorization for the Mayor to Sign Sidewalk Agreement for 10 Empire Ave Commissioner Golub stated the sidewalk agreement with property owner at 10 Empire Avenue for DPW to install 50 square feet of sidewalk at $15 per square foot for a total of $750.00. Commissioner Golub moved and Commissioner Moran seconded to authorize the Mayor to sign the sidewalk agreement for DPW to install 50 square feet of sidewalk in the amount of $15 per square foot and for a total of $750.00. Ayes – All 5-0 5. Announcement: Flat Rock Park Commissioner Golub announced Flat Rock Park to be developed at the landlock center lot next to the City Center Garage. Golub stated in conjunction with the LA Group, the City developed a community park. Golub stated the park to include a stone dust walking path, seating, and tree plantings. Golub stated an amphitheater to be proposed for gathering space for artists and musicians. Golub stated to welcome input from the Council and ideas of what else would be recommended for the park. Golub stated the park would not interfere with long-term visions and Page 15 of 17 City Council Meeting May 17, 2022 potential future development. Golub stated the low impact construction to be slated for late summer / early fall commencement. Mayor Kim stated this to be a great project. Commissioner Moran stated this had been part of the original plan of the city parking structure. 6. Announcement: Woodlawn Parking Garage Commissioner Moran announced the DPW and DPS had partnered for weekly maintenance of the Woodlawn Avenue Parking Garage. Golub stated the weekly maintenance to continue throughout the rest of the year. Mayor Kim gave thanks to Commissioners Golub and Montagnino for their collaboration on the maintenance of the Woodlawn Avenue area. PUBLIC SAFETY DEPARTMENT 1. Discussion: Capital Budget Amendment for Fire Station #3 Commissioner Montagnino stated there to had been an error in the Public Notice as to the correct price of the Capital Budget Amendment for Fire Station #3. Montagnino stated due to the error, the Public Hearing had been cancelled for earlier in the evening. Montagnino stated due to the importance of the project, it to be wise to set a new Public Hearing for August 2, 2022. Montagnino stated the approval process would not delay the project due to holding the Public Hearing in two (2) weeks. Commissioner Sanghvi stated that all bonds are to go through the Finance Department, and the process takes some time and all to be aware of the process. Sanghvi stated the Capital Budget Amendment would affect the 2023 Capital Budget. Montagnino stated due to inflation to be relieved the increase to be only 18% and not higher. 2. Set Public Hearing: Proposed Aggressive Solicitation Ordinance Commissioner Montagnino stated the Public Hearing for the proposed Aggressive Solicitation Ordinance had been based upon the Rochester, New York ordinance. Montagnino stated to had chosen the Rochester ordinance due to that ordinance stood constitutional challenges in the Court of Appeals. Montagnino stated the purpose of the ordinance not to be punitive or take away from the poor. Montagnino stated the ordinance to be intended to serve the purposes of getting the mental health service to those that receive an appearance ticket for solicitation through the homeless court system process within the City Court. Montagnino stated the secondary purpose of the ordinance to be to quell the overly aggressive panhandlers in the City. Montagnino stated the ordinance would limit the means by which an individual can ask the public for money. Moran stated the ordinance to be well-intended to get help to those requiring services. Commissioner Moran stated there to be a constitutional right to ask for help, and many in our community need financial assistance. Moran stated there to be professional panhandlers amongst those on the streets and sidewalks. Commissioner Golub asked whether Rochester New York’s ordinance to be successful, and if there is data to support the services. Montagnino stated the SSPD Chief had planned discussions with the Rochester Police Department. 3. Discussion and Vote: Amend Chapter 225 of the City Code, Section 225-89; Schedule XXIV – Loading Zones Commissioner Montagnino moved and Commissioner Moran seconded to amend Chapter 225 §225-89 Schedule XXIV on Loading Zones. Page 16 of 17 City Council Meeting May 17, 2022 Ayes – All 5–0 4. Discussion: Authorization for Mayor to sign MOA with PBA for 10-hour Shifts Commissioner Montagnino stated to have decided not to put item #4 forward for discussion, due to the financial environment the nation to be in at this time. Montagnino stated it to be an improvident of discretion to move forward with the MOA when the DPS to be unaware whether the Safer Grant for Fire Station #3 would be issued and granted to the City of Saratoga Springs. Commissioner Moran stated the financial commitment of the MOA to be more than a short-term impact. Moran stated for the sake of fairness to the PBA, to recommend a third-party audit to inform the City of the MOA with the PBA for 10-hour shifts. ADJOURN Mayor Kim moved and Commissioner Moran seconded to adjourn the meeting at 9:49 p.m. Respectfully submitted, Barbara Brindisi Assistant City Clerk Approved: August 16, 2022 Vote: 4 – 0 Page 17 of 17  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NY WHEREAS, the Committee on Outdoor Dining has reviewed the following applications for Temporary Outdoor Seating Areas, and has submitted the same to this City Council for approval, and NOW THEREFORE BE IT RESOLVED, that upon further review and due consideration, this City Council hereby approves the following applications for Temporary Outdoor Seating Areas: The Broadway Grind Eddie F’s The District The Wine Bar Approved:  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NY WHEREAS, the City Council recognizes the long, diverse, and rich history of the arts as an important element of our community; and WHEREAS, the City Council recognizes the honorary office of Poet Laureate in the City of Saratoga Springs as a means of celebrating the achievement of a local poet, while encouraging young and old to strive for greater expressive abilities and creating a wider appreciation of poetry and literature; and WHEREAS, the Poet Laureate Committee, representing a broad cross section of the arts community in Saratoga Springs, will nominate, review, and select the Poet Laureate; and WHEREAS, the recommendation of the Poet Laureate Committee will be presented to the Mayor of Saratoga Springs for approval. BE IT RESOLVED that the Saratoga Springs City Council creates the title and position of Poet Laureate of Saratoga Springs; and be it further RESOLVED that the Saratoga Springs City Council forms a Poet Laureate Committee with the mission and purpose as described above; and be it further RESOLVED that the Poet Laureate Committee will include qualified individuals appointed to two-year terms as follows: the chair will be appointed by the Mayor and each Commissioner and Supervisor of the City of Saratoga Springs may appoint a member within two weeks from City Council approval of this resolution; and be it further RESOLVED that upon the recommendation of the Poet Laureate Committee, the Mayor, with the approval of the City Council, shall appoint a Poet Laureate of Saratoga Springs for a two-year term. DATED: AYES NAYS CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK ________________________________ By: Dillon Moran, City Clerk  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NY TO ESTABLISH A NON-PROFIT GRANT PROGRAM ASSIGNMENT Be it resolved, by the City Council of the City of Saratoga Springs NY, as follows: WHEREAS, in an effort to address growing community needs, as well as provide equitable access to City financial support for our local non-profit organizations, the City Community Development sub-department, in coordination with the Mayor and Commissioner of Finance, propose the creation of a City-funded Community Development Non-Profit Grant Program; and WHEREAS, currently, the only consistent resource for supporting identified priority needs is the annual Community Development Block Grant Entitlement (CDBG) Funds. While this funding stream has supported hundreds of projects and programs at the benefit of Saratoga Springs’ low-moderate income community, its rigid federal restrictions often render the most needed initiatives ineligible for CDBG support; and WHEREAS, historically, the City has provided allocations to a few select non-profit organizations on an annual basis through the Mayor’s budget. (It is the case that these have been deemed vital to critical public services, and will continue to be funded via the annual budget until the City determines otherwise); and WHEREAS, the City Community Development sub-department has created a funding program modeled after the time-tested Community Development Block Grant program for processing the aforementioned non-profit grant requests. A draft of the Proposal Funding Summary is marked “Exhibit A” and attached hereto; it will be refined and presented to Council for discussion and approval prior to the effectuation of funding; and WHEREAS, the goal of this resolution is to establish a funding mechanism for the program that is adopted by Council. NOW THEREFORE BE IT RESOLVED, 1. The City council establishes a Non-Profit Grant Program Assignment to fund a City grant program for nonprofits as adopted by City Council. All grants under this program shall require a finding by the Council that the amount of the individual grant provides a public benefit equal to or greater than the amount of the grant; and 2. The Assignment will be funded using unassigned fund balance in amounts as follows:  a. Initial funding for the Non-Profit Grant Program Assignment will be provided by adding two-hundred thousand dollars ($200,000) from the general fund unassigned fund balance to the Assignment. b. The Non-Profit Grant Program Assignment will be replenished each year if/when the City’s audited financial statements, indicate that the City has an unassigned fund balance of not less than 10.00% of the total adopted budget expenditures of the General Fund as determined via section E(2)b of the City’s Fund Balance Policy. c. Upon meeting the requirements of 1(b) above, funding may total zero-three hundred thousand dollars ($0 - $300,000) annually, with the final amount to be approved by Council. d. The funding of this program shall not cause the City's general fund unassigned fund balance to be in a deficit, as defined by the fund balance policy. e. At no time shall the total amount in this Non-Profit Grant Program Assignment exceed five-hundred thousand dollars ($500,000). f. Subject to the items b-d above, other funding resources may be used as the Council deems appropriate. AYES: ________________ NAYS: ________________ Dated: October 19, 2021________________  AN ORDINANCE TO CREATE A NEW CHAPTER 55 OF THE CODE OF THE CITY OF SARATOGA SPRINGS, NY ENTITLED “AGGRESSIVE SOLICITATION” BE IT ORDAINED by the City Council of the City of Saratoga Springs, NY, following a public hearing, as follows: SECTION 1. A new Chapter 55 of the Code of the City of Saratoga Springs, entitled “Aggressive Solicitation” is hereby created to read: CHAPTER 55 AGGRESSIVE SOLICITATION 55-1 Legislative intent. This legislation is adopted in order to protect persons from threatening, intimidating or harassing behavior in connection with solicitation in public places, to keep those public places safe and attractive for use by all members of the community and to maintain and preserve public places where all of the community can interact in a peaceful manner. This legislation is also intended to provide for the free flow of pedestrian and vehicular traffic on streets and sidewalks in the City, to promote tourism and business and preserve the quality of urban life. The City Council finds that aggressive acts associated with solicitation tend to interfere with the free flow of pedestrian and vehicular traffic and intimidate persons in public places, and can lead to disruption and disorder in public places. Aggressive acts can also cause persons to avoid public places and lead to declining patronage of commercial establishments and tourism. The City Council further finds that solicitation in certain public places is inconsistent with the use of those places, is inherently intimidating, targets persons who are captive audiences or constitutes an invasion of privacy as persons are not able to simply move on if they do not wish to speak to the person soliciting. Solicitation in proximity to bank entrances or automated teller machines is inherently intimidating and should be restricted. By this legislation, the City Council intends to promote the health, safety and welfare of the residents of and visitors to our City. 55-2 Definitions. Whenever the following words and phrases are used in this section, they shall have the following meanings: IN AN AGGRESSIVE MANNER (1) Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation. (2) Following the person being solicited, if that conduct is:  (a) Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or (b) Is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; (3) Continuing to solicit within five feet of the person being solicited after the person has made a verbal or non-verbal negative response, if continuing the solicitation is: (a) Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or (b) Is intended to or is likely to intimidate the person being solicited into responding affirmatively to the solicitation; (4) Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation; (5) Intentionally or recklessly using words: (a) Intended to or likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or (b) Intended or likely to intimidate the person into responding affirmatively to the solicitation; or (6) Approaching the person being solicited in a manner that is: (a) Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or (b) Intended to or is likely to intimidate the person being solicited into responding affirmatively to the solicitation. AUTOMATED TELLER MACHINE A device, linked to a financial institution's account records, which is able to carry out transactions, including but not limited to account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments. AUTOMATED TELLER MACHINE FACILITY The area comprised of one or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours. BANKING ORGANIZATION All banks, trust companies, private bankers, savings banks, industrial banks, safe deposit companies, savings and loan associations, credit unions and investment companies as defined in § 2 of the New York State Banking Law. LICENSED CASHER OF CHECKS Any individual, partnership, unincorporated association or corporation duly licensed by the New York State Superintendent of Banks to engage in business pursuant to the provisions of Article IX-A of the New York State Banking Law. PUBLIC PLACE Any area or building owned, leased, operated or controlled by or on behalf of any government, municipality, public authority or public corporation in the City which is generally accessible by the public, including but not limited to any street, including the sidewalk portion thereof, skyway, bridge, tunnel, park, playground, recreation area, cemetery, school or school grounds, building, facility, driveway, parking lot or parking garage, and the doorways and entrances to buildings and dwellings. SOLICIT or SOLICITATION Shall include, without limitation, any spoken, written, or printed words or acts which are communicated or conducted in furtherance of the purpose of immediately obtaining money or any other thing of value. 55-3 Aggressive solicitation prohibited No person shall solicit in an aggressive manner: (1) In a public place. (2) Within 20 feet of an automated teller machine or an entrance or exit to a business containing an automated teller machine or an entrance or exit of an automated teller machine facility during the time the automated teller machine is available for customers' use; or within 20 feet of an entrance or exit to a banking organization or a licensed casher of checks during its business hours. (3) When either the person soliciting or the person being solicited is in a bus shelter or at a bus stop. (4) In a parking garage, parking lot or parking station or on a sidewalk adjoining a parking garage, parking lot or parking station. (5) In any portion of a public skyway, alley or tunnel. (6) When on a sidewalk or alongside a roadway or on a roadway, from any occupant of a motor vehicle that is on a street or other public place. 55-4 Penalties. Any person who violates any of the provisions of this Chapter shall be subject to the penalties set forth in Chapter 1, General Provisions, Article III of the City Code. Both the Police Department and the Department of Code Administration shall have authority to enforce the provisions of this chapter and to issue appearance tickets for violations thereof. 55-5 Severability. If any provision of this section is declared invalid or unconstitutional for any reason, the remaining provisions shall be severable and shall continue in full force and effect. SECTION 2. This ordinance shall take effect the day after publication as provided by the City Charter of the City of Saratoga Springs, NY. ADOPTED Ayes Nays CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK ____________________________________ By: Dillon Moran, City Clerk