City Council

CITY OF SARATOGA SPRINGS City Council Meeting August 2, 2022 City Council Room : P.H. - Aggressive Solicitation : 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 Capital Budget - Station 3 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S): 1. Senior Center EXECUTIVE SESSION: CONSENT AGENDA 1. Approval of 7/18/2022 Pre-Agenda Meeting Transcript 2. Approve Budget Transfers - Regular 3. Approve Budget Amendments - Regular 4. Approve Payroll 07/22/22 $443,291. 83 5. Aprove Payroll 07/29/22 $700,045.85 6. Approve Mid-Warrant 2022, 22MWJUL3 $768,931.74 7. Approve Warrant 2022, 22AUG1 $1,189,141.08 MAYOR’S DEPARTMENT 1. Discussion and Vote: UDO Amendment 1 - Remove Uses from Greenbelt  2. Discussion and Vote: UDO Amendment 2 - Land Use Boards Criteria for Greenbelt 3. Discussion and Vote: UDO Amendment 3 - Enhance Stream and Wetland Protections 4. Discussion and Vote: UDO Amendment 4 - Amend Land Disturbance Activity Permit 5. Set Public Hearing: DRB Proposed UDO Amendments 6. Discussion and Vote: Appointment to Downtown Special Assessment District Board 7. Set Public Hearing: 2023 Capital Program 8. Announcement: City Council Meeting Agenda Procedure 9. Announcement: Saratoga Cares Cards - New Initiative For Ending Homelessness in Saratoga Springs 10. Discussion and Vote: Resolution - Risk & Safety 11. Announcement: In Memoriam Stephen Ferradino 1941-2022 12. Announcement: In Memoriam Harry D. Snyder, Jr. (1931-2022) ACCOUNTS DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Software License Agreement with GAR Associates 2. Discussion and Vote: Authorization for Mayor to Sign Contract with Constellation Energy for Electric Rates 3. Award of Bid: Plumbing Construction for Station #3 to Burniche Piping, Inc. 4. Award of Bid: HVAC Construction for Station #3 to Campito Plumbing and Heating, Inc. 5. Announcement: Special Events 6. Announcement: August Primary FINANCE DEPARTMENT 1. Update: Participatory Budgeting 2. Presentation: 2nd Quarter 2022 Financial Report 3. Discussion and Vote: Bond Resolution - Capital Budget Amendment for EMS/Fire Station #3 (roll call vote) 4. Discussion and Vote: Capital Budget Amendment - Capital Budget Amendment for EMS/Fire Station #3 (roll call vote) 5. Discussion and Vote: Addendum One - Tyler Technology for DPW Revenue Cashiering Services 6. Budget Amendments - Benefits 7. Discussion and Vote: Budget Amendments - Payroll 8. Discussion and Vote: Budget Transfers - Payroll 9. Discussion and Vote: Budget Transfers - City Center Contingency PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Correction of Motion 2. Discussion and Vote: Authorization for Mayor to Sign Agreement with State of New York Unified Court System 3. Discussion and Vote: Authorization for Mayor to Sign Contract with Capital Tractor for New Holland Tractor with Alamo Flail Mower 4. Discussion and Vote: Authorization for Mayor to Sign Change Order #4 with Jersen for Raw Water Intake Improvements – Phase 1 – General Construction 5. Discussion and Vote: Authorization for Mayor to Sign Change Order #3 with Brunswick for Raw Water Intake Improvements – Phase 1 – Electric Construction  6. Discussion and Vote: Authorization for the Mayor to Sign Agreement with Saratoga Springs Housing Authority for Salt 7. Discussion and Vote: Authorization for the Mayor to Sign Agreement with Saratoga Springs Housing Authority for Gasoline 8. Announcement: Appointment to the Saratoga Springs Arts Commission 9. Announcement: Big Truck Day PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Capital Budget Amendment for Fire Station 3 2. Discussion and Vote: Adoption of new City Ordinance Chapter 55 titled Aggressive Solicitation to the City code 3. Discussion and Vote: Authorization for Mayor to sign renewal contract with Stilsing Electric 4. Discussion and Vote: Authorization for Mayor to sign contract with Campito Plumbing & Heating, Inc. for the Station 3 project 5. Discussion and Vote: Authorization for Mayor to sign contract with Burniche Piping for the Station 3 project SUPERVISORS 1. Tara Gaston 1. Public Health Update 2. National Association of Counties Annual Conference 2. Matt Veitch 1. National Association of Counties Conference 2. Public Safety Committee ADJOURN  August 2, 2022 CITY OF SARATOGA SPRINGS City Council Meeting City Council Meeting Room 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 STAFF PRESENT: Angela Rella, Deputy Mayor Heather Crocker, Deputy Commissioner of Finance Stacy Connors, Deputy Commissioner of Accounts Jason Tetu, Deputy Commissioner of DPS Joseph O’Neill, Deputy Commissioner of DPW Anthony Izzo, City Attorney EXCUSED: Tara Gaston, County Supervisor 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 Aggressive Solicitation Mayor Kim opened the public comment period at 6:48 p.m. Sherry Grinter of Saratoga Springs, stated the ordinance had verbiage regarding aggressive solicitation and did not mention passive solicitation in any of the areas listed. Grinter asked whether the ordinance regulation prohibited curbside solicitation. Commissioner Montagnino stated the ordinance explains aggressive solicitation, if the solicitation is not aggressive it would not be prohibited. Montagnino stated the ordinance wouldn’t have to prove the person intended to bother anyone. Montagnino stated the ordonnance prohibited roadside/curbside solicitation of vehicles in motion or at a stop light or stop sign. Page 1 of 23 Chris Mathiesen of Friar Tuck Way, Saratoga Springs, stated the ordinance had been a reasonable attempt tot deal with the difficult problem. Mathiesen stated the ordinance would be difficult to enforce. Nara Brennan of Saratoga Springs, stated to opposed the addition of the ordinance to the City Code. Brennan stated the ordinance takes away the requirement for the City to prove aggressiveness. Brennan stated two different systems of views were being created regarding what is to be considered aggressiveness. Brennan stated the ordinance would call out only those panhandling as aggressive and no other persons on the street acting in an aggressive manor. Brennan stated building the ordinance into the Code would separate and distinguish the homeless from others in the community, which would not be helpful. Brennan stated the ordinance felt discriminatory. Natalia Lakhtakia of Saratoga Springs, stated criminalizing homelessness to be cruel. Lakhtakia stated the only way to end homelessness is adequate, dignified, and appropriate housing within the City. Lakhtakia stated in be in the Woodlawn garage when four (4) police officers in three (3) police vehicle showed up for a wellness check on a homeless person. Lakhtakia stated the police presence felt excessive. Lakhtakia stated the City should conduct a homeless and housing study. Angela Kaufman of Stolen Land, Saratoga Springs, stated to agree with the previous two (2) statements. Kaufman stated to be the victim of aggressive solicitation from her landlord by retaliatory eviction. Kaufman stated to feel the ordinance was designed for one group of individuals. Kaufman stated the red card initiative to be a good first step, but housing to be the only solution for homelessness. Kaufman stated the City should look at predatory landlords and developers in the City, due to the effects of the lack of affordable housing for essential workers. Kaufman stated the ordinance could be manipulated by sensitive people to weaponize the ordinance against marginalized persons of the community. Commissioner Montagnino stated the ordinance would not criminalize homelessness. Montagnino stated there were people making a good living off of panhandling. Montagnino stated there were people who were making $300 - $400 a day panhandling within the City of Saratoga Springs. Montagnino stated to had seen an individual get into their Cadillac and drive off after a day of panhandling. Montagnino stated the City to be aware of the homeless problem, and the ordinance is to be used to connect services to those in need. Montagnino stated Code Enforcement Officers would give appearance tickets to the homeless service court. Sam Brewer of Lake Avenue, Saratoga Springs, stated the Mayor had convened a homeless council in past months. Brewer stated to fully support the ordinance to stop the panhandling behavior. Rachel Dwyer of Saratoga Springs, asked the Council how many calls come into the police department regarding aggressive panhandling. Montagnino stated not to know the exact number, but stated at least one (1) call a day. Dwyer stated the ordinance would require the alleged aggressive panhandler would be provided an appearance ticket to court and may not appear due to different reasons and asked what would happen next. Montagnino stated a failure to appear warrant would then be issued. Dwyer stated the alleged offender would be arrested and sent to County jail for a night or two. Dwyer stated due to bail reform that hardcore criminals do not serve time in jail. Dwyer stated the process seems to be a lot of work and wasted time with no solution served in the end. Montagnino stated warrant enforcement would not be high on the list of police priorities, but if the person is arrested for another offence that would be when the warrant would be executed. Jeff Bendavid of Clark Street, Saratoga Springs, stated the Council had taken a law from another community that deemed the ordinance constitutional. Bendavid stated to feel the ACLU could not wait to get their hands on these cases. Bendavid asked what does the term aggressive behavior mean. Bendavid stated the ordinance seemed to be a bandage for a larger problem. Bendavid stated business people were discussing hiring security guards. Patti Riggi of Saratoga Springs, asked where can people panhandle and could the Council define Page 2 of 23 aggressive. Riggi stated to the ordinance targeted the homeless population. Riggi stated the homeless were being harassed. Riggi stated as many people that were against panhandlers, there were as many people willing to fight for their rights. Shaun Johnson of Saratoga Springs, stated to be a panhandler. Johnson stated sometimes people need extra help to get by and get out of the elements. Johnson stated there to be no crime in asking for someone for money. Johnson stated many panhandlers know how to take no for an answer. Johnson stated to had felt targeted when he had been homeless, and charged with trespassing when he only tried to get out of the elements of bad weather. Johnson stated he worked his way off the streets and had attended the meeting to represent the homeless, and stated the community cannot give up on them. Sam Brewer of Saratoga Springs, stated the Council should print out the ordinance and have it available at the Council Meetings. Mayor Kim stated the ordinance had been available on the website. Natalia Lakhtakia of Saratoga Springs, stated the link on the website brought the user to an error message. Lakhtakia stated the Council should lead with compassion. Lakhtakia stated as a homeowner to be allowed to do some of the actions that were prohibited by homeless persons of the community Claudia Toohey Bricknell of Spring Street, Saratoga Springs, stated to not to be in favor of panhandling. Bricknell stated to support the ordinance. Bricknell stated to put the homeless into housing. Laurie Savage, of Saratoga Springs, stated to be homeless and panhandled to support herself. Savage stated to not harass people, but panhandled to survive. Sherri Grinter of Saratoga Springs, stated the homeless are aware of the agencies printed on the red cards Saratoga Springs hands out to homeless individuals. Grinter stated there to be no housing available. Grinter the sign up for mental health to be a one-year waiting list. Grinter stated the solution would be to get more mental health and more housing, but not more punishment. Mayor Kim stated the ordinance would be voted on later in the meeting. Mayor Kim concluded the public hearing at 7:19 p.m. and determined it closed. UDO Amendment 1 – Remove Uses From The Greenbelt Mayor Kim opened the public comment period at 7:20 p.m. Chris Mathiesen of Friar Tuck Way, Saratoga Springs, stated to not have received an answer on his multiple questions at Council Meetings as to why country club use were not removed from the greenbelt. Mathiesen stated to be in favor of 13.3 – requirement of posting on property being evaluated for a land- use or variance. Mathiesen stated were there a better definition of residential use it would assist in short- term rental within a residential district. Mayor Kim concluded the public hearing at 7:22 p.m. and determined it closed. UDO Amendment 2 – Land Use Boards Criteria For The Greenbelt Mayor Kim opened the public comment period at 7:22 p.m. No one spoke. Mayor Kim concluded the public hearing at 7:22 p.m. and determined it closed. Page 3 of 23 UDO Amendment 3 – Enhance Stream and Wetland Protections Mayor Kim opened the public comment period at 7:23 p.m. No one spoke. Mayor Kim concluded the public hearing at 7:23 p.m. and determined it closed. UDO Amendment 4 – Amend Land Disturbance Activity Permit Mayor Kim opened the public comment period at 7:23 p.m. No one spoke. Mayor Kim concluded the public hearing at 7:24 p.m. and determined it closed. Amend Capital Budget – Station # 3 Mayor Kim opened the public comment period at 7:24 p.m. Sam Brewer of Lake Avenue, Saratoga Springs, stated not to have had the access to the information regarding this Public Hearing on the website. Commissioner Montagnino stated the bids for the four (4) components on Fire Station #3 were $1,475,000.00 higher than when the Capital Budget had been approved for the fire station in 2021. Montagnino stated the price increase to be the reason for the amendment to the Capital Budget to accommodate the additional expense. Chris Mathiesen of Friar Tuck Way, Saratoga Springs, stated to support the development of Fire Station #3. Mayor Kim concluded the public hearing at 7:27 p.m. and determined it closed. CALL TO ORDER ROLL CALL Kim – Aye Sanghvi - Aye Moran – Aye Montagnino – Aye Golub – Aye Veitch – 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. Page 4 of 23 Mayor Kim opened the Public Comment Period at 7:30 p.m. Angela Kaufman stated to stand by not criminalizing homelessness. Kaufman stated the way the ordinance to be one thing, but the way persons with resources and influence have the ability to abuse the law against those without resources. Kaufman stated the ordinance may be weaponized. Nora Brennan of Saratoga Springs, asked to Council to vote no on the ordinance on aggressive panhandling/solicitation. Brennan stated the ordinance does not have enough statistics and data to support it. Brennan stated there may be other pathways and solutions, and the circular process seemed not to be a solution. Chris Mathiesen of Friar Tuck Way, Saratoga Springs, stated to continue to ensure people visiting the City and coming downtown feel comfortable to be a delicate balance for the City of Saratoga Springs. Mathiesen stated the panhandling issue is a mental health issue and alcoholism issue, as well. Mathiesen stated to had listened to the previous Council Meeting of July 19, 2022, where Anthony Brown stated where Back the Blue were allowed to demonstrate and walk down the street and Black Lives Matter were not allowed the same rights. Mathiesen stated the Council should had informed Brown the Back the Blue had a Demonstration Declaration, which put the City on notice. Mathiesen stated the Back the Blue Demonstration had been an unnecessary demonstration. Natalia Lakhtakia of Saratoga Springs, stated to ask the Council to vote no on the ordinance on aggressive panhandling/solicitation. Lakhtakia stated it had been stated that alcoholism or mental health were part of the reasons for homelessness, and stated those that had homes had the same issues. Lakhtakia stated when housing had been found for homeless person the other issues of mental health and alcoholism were brought under control. Sam Brewer of Lake Avenue, Saratoga Springs, stated economic decisions were made in the City without supply and demand curves. Brewer stated free parking brings people down to the business district to shop. Brewer stated there to be a token machine at the carousel for $1. Brewer suggested to remove the token machine and hire a part-time employee to man the carousel, and offer the carousel rides for free. Brewer stated the revenue gained by the local businesses would offset the revenue gained by the City with the $1 fees. Commissioner Golub stated the City’s revenue had been approximately $36,000 per year. Mayor Kim concluded the Public Comment at 7:37 p.m. PRESENTATION(S): Saratoga Senior Center Louise Celeste had worked at the Saratoga Senior Center for twelve (12) years and had been the presenter. Louise Celeste had stated the Senior Center offered programs in arts, fitness, recreation, and many senior support services and more. Celeste stated the Senior Center advocates for the seniors, and offered the Community Connect program that links volunteers to senior whom are aging-in-place. Celeste stated the center deliver approximately 150 bags of free food to seniors every week. Senior Life Transition program is palliative community-based program. Celeste stated the Senior Center had been in a City-owned building for the last fifty (50) years. Celeste stated the program had grown from 300 members, 35/day in 2010 to 1,500 members, 150/day in 2022. Celeste stated to help senior throughout the pandemic, which had transitioned the center from what it had been to what it is now. Celeste stated to had served over 25,000 year-to-date. Celeste stated many people failed and declined during the pandemic, and those were the people being served care and services at their home. Page 5 of 23 Celeste stated the City had always funded the Senior Center, with the amount of funding in 2010 to be $84,000, with the growth in 2022 to be only $104,375. Celeste stated the increase to the center happened in 2017, and during COVID-19 the Council had cut the budget to $72,118. Celeste stated the budget in 2022 is back up to the 2017 – 2020 amount of $104,375. Celeste stated senior citizens to be the fastest growing population, with 10,000 people turn 65 years old every day in America. Celeste stated seniors now want to stay active. Celeste stated the City, State, and Country were not prepared for the tsunami of growth of the senior community. Celeste stated it to be expected senior residents within the City of Saratoga Springs to increase 40% between 2020- 2060. Celeste stated the partnership with the City of Saratoga Springs and HUD had provided for the building of the new Senior Center on the YMCA campus on West Avenue. Celeste stated in 2010 the City provided 84% of the funding. Celeste stated in 2022 the City provided 10% of the required funding of the Senior Center. Celeste stated the center used fundraising, corporate sponsorships, and grants. Celeste stated Senior Centers, across the country, are typically funded by the centers’ towns and cities. Celeste stated other local Senior Centers were supported by the town, with Halfmoon and Clifton Park fully supported by their towns. CONSENT AGENDA Mayor Kim moved and Commissioner Sanghvi seconded to approve the consent agenda as listed: 1. Approval of 7/18/2022 Pre-Agenda Meeting Transcript 2. Approve Budget Transfers – Regular 3. Approve Budget Amendments – Regular 4. Approve Payroll 07/22/2022 $443,291.83 5. Approve Payroll 07/29/2022 $700,045.85 6. Approve Mid-Warrant 2022, 22MWJUL3 $768,931.74 7. Approve Warrant 2022, 22AUG1 $1,189,131.08 Commissioner Moran stated Consent Agenda Item # 7 included a payment to vendor 3723 – Travelers Purchase Order #200512, in the amount of $25, 000.00. Moran stated the item to be a deductible payment to Travelers Insurance submitted to the Finance Department by the Director of Risk and Safety. Moran stated that later in the evening the Mayor’s Office would, once again, attempt to take the Risk & Safety Office away from the Accounts Department, where it had existed for over twenty (20) years. Moran stated the conversation during the past three (3) attempts to remove the department from Accounts had been due to the relationship between the legal department and functions of Risk & Safety. Moran stated the Accounts Department had been facilitating meetings between the City Attorney and Director of Risk and Safety to comply with all elements to share information. Moran stated the insurance deductible payment request to be made an issue due to the Mayor’s concern of a settlement of a case, dated back several years, against the City by a former employee. Moran stated previous concern, due to the way the insurance contracts were written, regarded the City Council’s inability to approve or disapprove a settlement against the City. Moran stated if the concern had been due to the Department of Risk and Safety not sharing information with the full City Council, then why did the Mayor’s Office withhold information received July 11, 2022, regarding the lawsuit and the subsequent notification on July 18, 2022, regarding the settlement check had been cashed. Moran questioned since the Mayor had this information, why hadn’t it been brought to the attention of the City Council during an Executive Session. Mayor Kim stated to appreciate Moran pointing out the item on the warrant. Kim stated he would object to the Traveler’s deductible being included in the Consent Agenda by way of warrant 2022,22AUG1 $1,189,131.08. Page 6 of 23 Kim stated to had received an email which stated one-hundred thousand dollars had been paid by way of a settlement. Kim stated none of the emails received regarding the case/settlement stated the City was to pay twenty-five thousand dollars. Mayor Kim asked the City Council for authorization for the Mayor to send a letter to Traveler’s Insurance, the attorney-on-record John Aspland, and the Courts to ask them for information as to why the City of Saratoga Springs had been asked to pay $25, 000.00 on a settlement that the City Council had not been made aware of. Moran stated the $25,000.00 to be an agreement by the City to cover the insurance deductible. Kim stated to Moran his statement not to be true. Kim stated to had been on the City Council longer than all the sitting members, and had not remembered the City settling a case without the passage of a resolution by the City Council. Kim stated, in 2005 there had been five (5) lawsuits. Moran stated in 2005 the City had been self-insured and the City settled their own cases, which had cost the City approximately a million-dollars a year. Moran stated over the years the City had worked to be insured by Travelers Insurance, which were considered to one of the best municipal insurers in the country. Moran stated the insurance coverage to be a comprehensive plan, which covered legal fees from the first dollar charged. Kim stated the item should had never been on the Consent Agenda. Kim stated someone tried to purposely hide the item. Commissioner Sanghvi asked where the voucher originate from. Commissioner Moran stated the voucher to pay the Traveler invoice originated from the Office of Risk and Safety, which had the authority to submit invoices for payment. Sanghvi stated to understand the $25,000.00 had been an insurance deductible and wondered why the invoice had been hidden in the Consent Agenda, since the topic had been contentious within the Council. Sanghvi stated to had been concerned the invoice was made part of the Consent Agenda. Sanghvi had asked for the Council to receive a copy of the voucher for the item discussed. Sanghvi stated due to the Risk and Safety Director payment request, the Director decided for the City that the City Council should not know when an insurance deductible would be paid. Moran stated the Director of Risk and Safety had the authority to send payment requests to the Finance Department. Moran stated had the Director not been instructed by the Mayor’s Office to not discuss anything regarding the settlement case with Moran, he would have been in a position to bring the payment request forward due to the contentiousness of the topic. Moran stated fellow Council Members had the same highlighted Consent Agenda in front of them, and Moran had intentionally been left out of the loop and discussions, by Council Members, to be made to look bad. Commissioner Montagnino stated the Travelers deductible had been tucked into page 52 of an 80- page document for payment. Montagnino stated his understanding of the use of the Consent Agenda to be for the payment of miscellaneous items of mops and buckets. Montagnino stated the $25,000.00 payment had been slipped into the agenda and labeled – Travelers $25,000.00. Montagnino stated to had seen another document with Travelers - Deductible Claim FEA9864. Kim stated to agree with Montagnino that the Consent Agenda to be used to purchases mops and miscellaneous items. Montagnino stated to be offended and troubled that every other week he would be required to spend countless hours looking at a Consent Agenda (warrant), which had over a thousand different items listed. Montagnino stated he had to ask a number of pointed questions to another City Council Member to learn the Travelers deductible had been submitted for payment within the Consent Agenda for Council approval. Montagnino stated it to be incumbent upon him as a Member of a City Council to make sure all items placed on the Consent Agenda, for Council approval, were now to be reviewed so someone isn’t slipping something on the form that shouldn’t be there. Page 7 of 23 Kim stated to the public audience the Wales v City of Saratoga Springs to be the case being discussed in the matter of the insurance deductible. Kim stated no one had excluded Moran, and it had been Moran who recused himself. Kim stated Moran should continue to recuse himself from talking further about the case. Moran stated he would recuse himself if there were to be a vote. Kim stated to had received an email Moran sent to the City Council Members and Deputy Commissioners on June 13, 2022, with the subject line: Wales’ Case Recusal. Kim read from a printed piece of paper, “One point that had not been brought up, but I felt was important to address with everyone, it had always been my intent to recuse myself from any vote on whatever settlement or resolution comes to us. Please be advised that continues to be my position.” Commissioner Montagnino stated to previously had been aware the Wales’ case to be pending in the New York Federal District Court. Montagnino stated the New York State Federal District Court docket now showed the status of the Wales’ case to be closed. Montagnino stated to have learned the information of the status of the case on the New York Federal District Court docket, due to his being an attorney with access to court databases. Montagnino stated to not have been approached by anybody regarding the settlement of the case. Montagnino stated to had made several phone calls of inquiry and learned the $25,000.00 deductible had been part of the settlement of the case. Montagnino stated to wonder how the City settled a major lawsuit, which may or may not of had merit, which involved the wrongful termination of a former employee without discussion or transparency. Montagnino stated due to his being an attorney, with access to court databases, found out a case had been settled without notice of settlement from the insurance company representing the City or attorney on record representing the City. Montagnino stated to want to know the date, time, and persons involved with input on the case, and at whose insistence had it been settled. Moran asked Montagnino whether he had been informed by the Mayor the Wales’ case had been settled after July 11, 2022. Montagnino stated to had been informed the federal docket showed the case had been dismissed. Kim stated to have spoke to each of the Council Members. Moran stated Montagnino asked whether he knew the Wales’ case had been settled, the previous night. Moran stated he learned of the settlement by calling the insurance company. Kim stated to first learn of the settlement on July 14, 2022, by email from Attorney John Aspland. Kim stated the July 17, 2022, email from John Aspland explained the settlement check had been sent directly to Wales’ attorney. Kim stated nothing had been in the email to state the City owed $25,000.00 toward the settlement. Kim stated to had immediately look at the Federal Court docket, after the July 17, 2022, email conversation, and the docket showed the case had been closed. Kim stated not to understand why the case showed it had been closed. Kim stated to be aware the money had been on its way to the plaintiff, and it had been due to that fact, Kim stated, to had been surprised the City had to pay $25,000.00. Kim stated the City had to investigate and do its due diligence. Moran stated to had previously talked about the deductible and the insurance program. Moran stated if the deductible invoices were not paid, then the City would risk being cancelled by the insurance company and the City would no longer have insurance coverage. Kim stated to not have been told about the deductible. Montagnino asked why the Travelers deductible payment had been put on the Consent Agenda rather than a regular agenda, so the City Council member can be put on notice and decide whether they pay $25,000.00 of taxpayer money in the settlement of a lawsuit. Sanghvi stated not to understand why the deductible had been on the Consent Agenda. Sanghvi stated no Council Member would have been aware or notice they had approved the item payment, if it were not brought to their attention. Moran stated he had done his due diligence to bring the item to the attention of the City Council. Moran stated there had been instruction to keep Moran out of the Wales’ conversation. Moran stated Page 8 of 23 Mayor Kim had been made aware of the settlement. Moran stated to have made repeated statements at Council Meetings of the workings of the City’s insurance program. Montagnino stated the insurance program did not include putting deductible items on the Consent Agenda in the amount of $25,000.00 involving a significant lawsuit that had been pending for years. Moran stated to ask from whom or where would the person in charge of submitting the invoice for payment receive direction on how to handle it, since it had been taken out of Moran’s hands. Moran stated he had not recused himself from the physical activities required to take place within his department. Kim asked Moran if anyone from his office had put the item on the agenda, and Moran answered the Director of Risk and Safety has issued the payment request with the authority granted to the position. Kim stated his office had not been notified the payment request would be placed on the Consent Agenda. Moran asked City Attorney Izzo the process and procedures of prior settlements. Commissioner Golub asked Izzo whether there had been prior settlements where a deductible had been put on the agenda, and if so where on the agenda had they been placed. Golub stated for the Council to know the processes of prior settlement procedures would be helpful. Moran stated it had been reported by the Director of Risk and Safety, the same procedure for payment of the deductible had been the procedure in previous years by the department. Izzo stated not to be able to advise the Council, since he had no experience with City settlements. Izzo stated not to know the procedures of the City Attorney’s Office in regards to settlements, since it had been done by others in the City Attorney’s Office throughout the years. Izzo is the only attorney within the City Attorney’s Office, and no other questions were asked of the City Attorney by the City Council regarding this matter. Sanghvi stated due to the contentiousness of the lawsuit, it would have been advantageous for the City Council to have been made aware of the deductible before putting the item forth for payment. Golub stated since the Council were in a conversation regarding intent, there should be an understanding of the practices of the Director of Risk and Safety to see if there had been an intent to hide the payment of the insurance deductible by the Director of Risk and Safety. Sanghvi suggested the Council to ask for a report from the Director of Risk and Safety as why the Travelers Insurance deductible had been placed on the Consent Agenda, along with a detailed report of how many times the Director of Risk and Safety had paid out a deductible claim without informing the City Council. Mayor Kim stated as a Friendly Amendment, the request could be added to the motion. Mayor Kim moved and Commissioner Montagnino seconded to extract the item entitled Travelers deductible identified as claim FE9864 from item #7 Warrant 2022,22Aug1 on the Consent Agenda. Mayor Kim moved and Commissioner Montagnino seconded to add a friendly amendment to the motion to allow the Mayor to send letters to the court, appointed counsel, and Travelers Insurance asking for a detailed explanation how the deductible arose and why the Council had not been informed to pay $25,000.00. Kim included in the motion as a friendly amendment the request for a report from the Director of Risk and Safety why the Travelers Insurance deductible had been placed on the Consent Agenda, and a detailed report of how many times the Director of Risk and Safety had paid out a deductible claim without informing the City Council. Ayes – All Page 9 of 23  5–0 Commissioner Sanghvi moved and Commission Montagnino seconded to approve the entire Consent Agenda with the removal of item entitled Travelers deductible identified as claim FE9864 from item #7 Warrant 2022,22Aug1 on the Consent Agenda. Ayes – All 5–0 There had been no Executive Session. SUPERVISORS Supervisor Michael Veitch 1. National Association of Counties Conference (NACo) Supervisor Veitch stated to had attended the National Association of Counties Conference 2022 in Colorado. Veitch stated to be on the Economic Development and Economic Workforce Development Committee, I. T. Standing Committee, and Arts and Culture Commission. Veitch stated to attend the Resorts Tourism and Gateway Counties Meeting and Sports Area and Entertainment Meetings. Veitch stated to serve on the International Economic Development Task Force. Veitch had been appointed Chair of the International Economic Development Task Force for 2023. Veitch stated James Gore from Sonoma County, California had been elected Second Vice President of the Association. Veitch stated Erie County Executive Mark Poloncarz had been nominated Chair of the Northeast Region Caucus at the NACo. 2. Public Safety Committee Supervisor Veitch pulled this item from the agenda. MAYOR’S DEPARTMENT Mayor Kim recommended a proposal to the City Council for the first four items of the Mayor’s Agenda – UDO Amendments 1 -4, due to having received additional amendment proposals from the Design Review Board. Kim recommended a September 2022 date for a public workshop to focus on and discuss UDO Amendments 1 -4 and proposed DRB UDO Amendments. Mayor Kim pulled the Mayor’s Department items 1 -4, due to the proposal to set a date for public workshop. 1. Discussion and Vote: UDO Amendment 1 – Remove Uses from Greenbelt Pulled from agenda by Mayor Kim 2. Discussion and Vote: UDO Amendment 2 – Land Use Boards Criteria for Greenbelt Pulled from agenda by Mayor Kim. 3. Discussion and Vote: UDO Amendment 3 – Enhance Stream and Wetland Protections Pulled from agenda by Mayor Kim. 4. Announcement: UDO Amendment 4 – Amend Land Disturbance Activity Permit Page 10 of 23  Pulled from agenda by Mayor Kim. 5. Set Public Hearing: DRB Proposed UDO Amendments Mayor Kim requested a Public Hearing Meeting, per Open Meeting Law, to be held September 6, 2022, for the Design Review Board proposed UDO amendments included in the agenda. 6. Discussion and Vote: Appointment to Downtown Special Assessment District Board Mayor Kim stated to nominate Charlene Woods to the Downtown Special Assessment District Board. Kim stated Woods CV to include: graduate of Skidmore College, Chairwoman of the Board of the Charles Wood Foundation, HH Ranch board member, SPAC board member, and Saratoga Hospital Flower and Fruit Committee. Kim stated to be on the Board an appointment would be required to own a business on Broadway, and Woods is co-owner of an existing business on Broadway. Mayor Kim moved and Commissioner Sanghvi seconded the appointment of Charlene Woods to the Downtown Special Assessment District Board. Ayes – All 5–0 7. Set Public Hearing: 2023 Capital Program Mayor Kim requested a Public Hearing Meeting, per Open Meeting Law, to be held August 16, 2022, for the 2023 Capital Program. 8. Announcement: City Council Meeting Agenda Procedure Mayor Kim announced on weeks where there would be a City Council Meeting after a holiday weekend all City Council Agenda items to be into the Mayor’s Office by Thursday of the week before the City Council Meeting. 9. Announcement: Saratoga Cares Cards – New Initiative For Ending Homelessness in Saratoga Springs Mayor Kim announced to had spent more time on homelessness since he became Mayor than any other issue. Kim stated the City planned to build low-barrier housing. Kim stated the Saratoga Cares cards are part of an ongoing effort to end homelessness in Saratoga County. Kim stated the cards help to inform people as to the best way they can help those in need and for individuals in need to get help. Kim stated the cards to be distributed to local businesses, the Chamber of Commerce, and other locations where they can be handed out. 10. Discussion and Vote: Resolution – Risk & Safety Mayor Kim read the following resolution into the minutes: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NY WHEREAS, Title 2.6 of the Saratoga Springs City Charter empowers the City Council to determine the employees for the Mayor and each Commissioner; and WHEREAS, the City Council previously established the position of Director of Risk and Safety to coordinate all insurance and safety activity within the City and provide a resource for the Mayor and each Commissioner to implement safety rules and Page 11 of 23  regulations within their departments; and WHEREAS, this Council finds that it is in the public interest for the position of Director of Risk and Safety to be under the direction of the Mayor’s office, NOW, THEREFORE, BE IT RESOLVED as follows: 1. The position of Director of Risk and Safety shall report to and work under the general supervision and administrative direction of the Mayor and Deputy Mayor effective August 22, 2022. 2. The Director of Risk and Safety shall continue to be a resource for all Members of the City Council and the employees of the City. 3. The Mayor’s Office shall issue a revised Risk and Safety Manual on or before September 20, 2022. Commissioner Moran stated the resolution to move the Director from Accounts to Risk & Safety had happened on previous occasions during the current administration. Moran stated not to agree, condone, or consent to the act of the resolution. Moran stated it to be clear the Mayor did not understand the workings of the City’s Insurance Program. Moran stated the Mayor had stated on multiple occasions to personal animus and bias against the individual whom holds the position of Director of Risk & Safety. Moran stated an exam notification for the Director of Risk & Safety had been announced earlier in the day via email to City employees, which had been further evidence of the plan to replace the person that held the position. Moran stated the Director of Risk and Safety had held the position within the Accounts Department for twenty (20) years, and had saved the City tens of millions in dollars over the years. Moran stated the Mayor had told the Commissioner, in the past, to not believe Risk & Safety Management is needed by the City. Moran stated the previous occasions for the removal of the Risk & Safety Director from Accounts, by the Mayor, were for unsubstantiated judgements. Moran stated the group that studied the issue of assigning the Human Resource Manager in the Mayor’s Office and the Risk & Safety Director in the Accounts Department had done so for specific reasons, and had worked well for twenty (20) years. Moran stated the Risk & Safety Manual used by the City of Saratoga Springs to be used as a best practice manual across New York State. Moran stated the manual took years to develop, and asked who would be in charge of the development of a new manual for a September 30, 2022, implementation. Moran stated Attorney Izzo had previously stated not to have experience in the Risk & Safety / insurance claim field. Moran stated the City Attorney’s Office is run by only one (1) attorney. Moran stated not to support moving the workload to an already backlogged department. Moran stated after the last Council Meeting where the topic of removing the Director of Risk & Safety had been discussed, the executive from Traveler Insurance requested a meeting with the head of Amsure Insurance to enquire whether there were problems and concerns with continuing insurance coverage for the City of Saratoga Springs. Commissioner Sanghvi addressed Moran and stated to have an email from Civil Service Coordinator Corissa Salvo to Moran dated July 29, 2022, and read the following from a piece of a paper, “NYS had released the series of exam which Risk & Safety falls under, and will be held on the 22nd of October. This is great news. I had heard that Marilyn would be retiring in April 2023 ish, so the timing is pretty good. This exam has been ordered like so many others…” “candidates that apply for, are approved, sit for the exam, and pass will be your candidate pool to fill this position and just want to confirm the salary range to include on the exam announcement. I politely request this by Tuesday, August 2nd.” Sanghvi stated the information regarding the exam announcement to not be new news to Moran, since the email had been sent to him. Sanghvi stated when Moran came to her stating they were trying to replace the Director of Risk & Safety, to had been surprised since she had not been part of that conversation. Sanghvi stated the Director of Risk & Safety had done a good job for the City, and surprised of the item of the insurance deductible to had been placed on the Consent Agenda and looked forward of the Page 12 of 23 Director’s report. Moran stated to not have seen the Civil Service email, and had taken his comment back. Sanghvi addressed the Mayor and asked whether the Mayor’s Office planned to change, remove, or abolish or remove Risk & Safety. Mayor Kim answered by stating not to have those intentions. Mayor Kim stated in 2005 when he had been elected Director of Public Safety, the first person he met had been the Director of Risk & Safety Marilyn Rivers. Kim stated, in 2005, Rivers had stated to Kim to have been elected the most difficult position of all due to all the lawsuits the City had been facing with DPS. Kim stated to had felt Rivers had been very capable, at the time of their meeting and not to have personal animus. Kim stated to feel Risk & Safety could run better and the Mayor’s Office plans on doing that, especially in light of the insurance deductible placement on the Consent Agenda Warrant for payment. Kim stated to have no intention of firing anyone and since the position is a Civil Service title, he couldn’t do anything with the position if he wanted to – which he stated not to want to. Kim stated the Mayor’s Office had shared resources of the Human Resource and City Attorney Offices, which were shared with all departments and Commissioners. Commissioner Montagnino stated the City Charter mandated for the City Attorney’s Office to be in the Mayor’s Office, and logic suggest the City Attorney and Risk & Safety work hand in glove. Montagnino stated the events of the evening indicated the City Attorney working with Risk & Safety had not been happening. Montagnino stated the person involved in the insurance needs of the City and the person involved in litigation with insurance components were to be under the same aegis as the City Attorney. Commissioner Golub stated to have the same concerns he had at a previous Council Meeting where the resolution to move Risk & Safety to the Mayor’s Office had been on the agenda. Golub stated to abstain from voting on the resolution. Golub stated it may make sense to move the department under the Mayor’s Office, but acknowledged that was not what was being decided with the resolution. Golub stated the process taking place to be flawed and concerning, if the Council could unilaterally move of an employee from one department to another without the Commissioner of that department’s approval. Golub suggested the role could be reviewed once the employee left the position to reassess the improvements that could be made to the position, and independent of the person. Moran stated the reason to move the position of Director of Risk & Safety to the Mayor’s Office is due to an action taken by the Director, which the Council were unsure whether the action to be a standard practice of the position. Sanghvi stated to had use the Human Resource and City Attorney’s Office independent from the Mayor. Sanghvi stated insurance to be an issue all departments work with. Sanghvi stated when she set a meeting with the insurance agent to get clarification on all I.T. contracts and let the insurance agent know it not to be a political issue but a clarification issue, Sanghvi stated to had been told by the insurance company the meeting would require Commissioner Moran and others from the Accounts Department team to take part. Sanghvi stated there had been an item on the Finance Department Pre-Agenda, where Commissioner Moran felt he should decide what went on the Finance Agenda. Sanghvi stated the evening before the Council Meeting to had learned Moran cancelled the meeting with the insurance agency because, one of the issues Finance had had been resolved although there were other questions Finance had. Sanghvi stated to feel other departments did not have access to insurance companies without oversight of Moran. Sanghvi stated to feel it to be the right of each Commissioner to meet with insurance companies without someone from the Accounts Department or Moran at the meeting at the same time. Sanghvi stated meetings with City Hall’s Human Resource and City Attorneys Offices employees were not overseen or sat in by the Mayor. Page 13 of 23  Moran stated to Sanghvi to had made false statements and misinterpretations of the events that surrounded the issues described. Moran stated there had been a contract on the agenda which did not have the necessary documentation or insurances. Moran stated it had been the Amsure Insurance company agent Matt D’Abate who stated to Sanghvi to want Moran and Rivers at the meeting with Finance. Moran stated to had talked with the insurance company and both Moran and Amsure felt the issue had been resolved. Moran stated to ensure the issue had been resolved, reached out to Department of Finance Commissioner and Deputy Commissioner who were unavailable to respond. Moran stated due to lack of communication it had been the insurance company to tentatively cancel the appointment, which had been able to take place once everyone communicated. Mayor Kim moved and Commissioner Montagnino seconded to approve Resolution – Risk & Safety. Ayes – Nay – Abstention 3–1–1 The Motion passed with Council Members Kim, Sanghvi, Montagnino in favor. Council Member Moran voted against. Council Member Golub abstained. 11. Announcement: In Memoriam Stephen Ferradino (1941 – 2022) Mayor Kim announced Judge Stephen Ferradino had been a former Saratoga County Family Court Judge and NYS Supreme Court Justice. Kim stated Ferradino graduated Albany Law School in 1966, and admitted to the bar and became partner at Tracy and Ferradino. Kim stated Ferradino had been a devoted and loving family man. Kim stated Ferradino to be a devoted basketball coach at St. Mary’s and Saratoga Central Catholic Schools, and took great pride in the teams and students. Kim stated to join with the City Council on behalf of the people of Saratoga Springs to honor Stephen Ferradino and to extend sympathy to his family in his passing. Kim announced Stephen Ferradino had passed away Wednesday July 13, 2022. 12. Announcement: In Memoriam Harry D. Snyder, Jr. (1931 – 2022) Mayor Kim announced Harry Snyder had been a former a Saratoga Springs City Supervisor. Kim stated Snyder graduated Magna Cum Laude from the University of Notre Dame in 1953 and Cum Laude from Notre Dame Law School in 1955. Kim stated Snyder had Served as President of the Saratoga County Bar Association and served a term as District Governor of the NYS Trial Lawyers Association. Kim stated Snyder had been a life member of the Knights of Columbus and Elks Clubs, as well as dedicated public servant and member of the community as City Supervisor, Chairman of the City Zoning Board, and Acting City Court Judge. Kim stated Snyder had served as the delegate for the 1960 Democratic National Convention. Kim stated Snyder had been a loving family man of seven children and twelve grandchildren. Kim stated to join with the City Council on behalf of the people of Saratoga Springs to honor Harry D. Snyder, Jr, and to extend sympathy to his family in his passing. Kim announced Snyder passed away Wednesday, July 27, 2022. ACCOUNTS DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Software License Agreement with GAR Associates Commissioner Moran stated the agreement would be for the use of PROS enhanced online property website from GAR Associates LLC. Moran stated the robust website which would be customize to the City of Saratoga Springs for both internal and public use. Moran stated the Page 14 of 23  residents of Saratoga Springs would be able to access the valuation of their property. Moran stated the amount of the contract to be in the amount of $8,500.00, with the contract date to run through July 31, 2023, with an annual renewal fee of five-thousand dollars. Commissioner Moran moved and Commissioner Sanghvi seconded to authorize the Mayor to sign the software license agreement with GAR Associates, LLC. as included with the agenda. Ayes – All 5–0 2. Award of Vote: Authorization for Mayor to Sign Contract with Constellation Energy for Electric Rates Commissioner Moran stated the City rate of energy consumption to be approximately eight-million kilowatts per year, and offset by solar energy. Moran stated the present contract for electricity to come to an end in September. Moran stated the contract with Constellation Energy would be in conjunction with the Chamber of Commerce program, along with other interests and communities that participate in the pool for a better rate for the City of Saratoga Springs. Moran stated the 24- month locked in rate to be 0.12963 with the option of an additional 12 -24 months at the same rate. Moran stated Constellation Energy to be the same provider the City used with the present policy and purchasing procedures intact Commissioner Moran moved and Commissioner Montagnino seconded to authorize the Mayor to sign the contract with Constellation Energy for electric rates in the amount of 0.12963 for a 24-month period with the option of an additional 12 – 24 months at the same locked-in rate. Ayes – All 5–0 3. Award of Bid: Plumbing Construction for Fire #3 to Burniche Piping, Inc. Commissioner Moran moved and Commissioner Montagnino seconded the award of bid to Burniche Piping, Inc, for plumbing construction for Fire Station #3 in the amount not to exceed $692,300.00. Ayes – All 5–0 4. Award of Bid: HVAC Construction for Fire Station #3 to Campito Plumbing and Heating, Inc. Commissioner Moran moved and Commissioner Montagnino seconded the award of bid to Campito Plumbing and Heating, Inc. for HVAC Construction for Fire Station #3 in the amount not to exceed $778,000.00. Ayes – All 5–0 5. Announcement: Upcoming Special Events Commissioner Moran announced the upcoming special events to be: Congress Park Craft Festival in Congress Park on Tuesdays throughout August; Homemade Theater’s production of Sunday in the Park with George in Congress Park; Overdose Awareness Candlelight Vigil on August 29, 2022; JDRF Ride-For-A-Cure in September 2022; Art in the Park hosted by Saratoga Arts. Commissioner Moran acknowledged Druther’s Brewing Company on their 10th Anniversary. Page 15 of 23 7. Announcement: August Primary Commissioner Moran announced the August Primary to be Tuesday, August 23, 2022. Moran stated early voting to be available at the Recreation Center, and run August 11 - August 21, 2022. . FINANCE DEPARTMENT 1. Update: Participatory Budgeting Commissioner Sanghvi stated the participatory budgeting project submission had reached its deadline with 18 projects. Sanghvi stated all projects had been assigned leads. 2. Presentation: 2nd Quarter 2022 Financial Report Commissioner Sanghvi stated the second quarter financial report had year-to-date property taxi collection of $12,576,000, which to be 74%. Sanghvi stated VLT Aid to be $2,325,000. Sanghvi stated Franchise Tax received to be $136,511.00. Sanghvi stated Ambulance Transportation Fees collected to be $809,786.00. Sanghvi stated the City closed on a General Obligation Bond in the amount of $6,167,000. 3. Discussion and Vote: Bond Resolution – Capital Budget Amendment for EMS/Fire Station #3 roll call vote Commissioner Sanghvi stated the Capital Budget Amendment authorized the issuance of $1,427,500 for the EMS Fire Station #3 project. Commissioner Sanghvi moved and Commissioner Moran seconded to approve the Capital Budget Amendment for EMS Fire Station #3 in the amount of $1,427,500.00. The motion passed with five (5) votes in favor. Kim – Aye Sanghvi – Aye Moran – Aye Montagnino – Aye Golub – Aye 4. Discussion and Vote: Capital Budget Amendment – Capital Budget Amendment for EMS/Fire Station #3 Commissioner Sanghvi stated the amendment would cover the cost of the bond resolution as proposed in the agenda. Commissioner Sanghvi moved and Commissioner Montagnino seconded the Capital Budget Amendment – Capital Budget Amendment for EMS Fire Station #3 as included in the agenda. The motion passed with five (5) votes in favor. Kim – Aye Sanghvi – Aye Moran – Aye Montagnino – Aye Golub – Aye Page 16 of 23 5. Discussion and Vote: Addendum One – Tyler Technology for DPW Revenue Cashiering Services Commissioner Sanghvi stated MUNIS to be a common municipal software which will allow for DPW to email the water and sewer bills. Sanghvi stated the addendum would allow for the Finance Department to accept credit card payment. Sanghvi stated the addendum to the current contract with Tyler Technology to be $30,326.00. Sanghvi stated the license and service agreement did not require an insurance policy. Sanghvi stated the company does not hold cyber security insurance, but holds a twenty-five-million-dollar umbrella policy. Sanghvi stated Risk & Safety had not approved the insurance due to lack of cyber security, and Finance and the Legal Department had approved. Commissioner Moran stated to had signed off on the insurance. Commissioner Golub stated the quarterly postage for DPW to be $30,000.00. Mayor Kim stated it to be fine that a department staff member may not approve or may have an issue with an item, but it to be the elected official to exercise judgement. Commissioner Sanghvi moved and Commissioner Golub seconded Addendum One – Tyler Technology for DPW Revenue Cashiering Services. Ayes – All 5–0 6. Budget Amendments – Benefits Commissioner Sanghvi moved and Commissioner Montagnino seconded to approve Budget Amendments – Benefits as included with the agenda. Ayes – All 5–0 7. Discussion and Vote: Budget Amendments – Payroll Commissioner Sanghvi moved and Commissioner Montagnino seconded to approve Budget Amendments – Payroll as included with the agenda. Ayes – All 5–0 8. Discussion and Vote: Budget Transfers – Payroll Commissioner Sanghvi moved and Commissioner Montagnino seconded to approve Budget Transfers – Payroll as included with the agenda. Ayes – All 5–0 9. Discussion and Vote: Budget Transfers – City Center Contingency Commissioner Sanghvi moved and Commissioner Montagnino seconded to approve Budget Transfers – City Center Contingency as included with the agenda. Ayes – All 5–0 Commissioner Sanghvi moved and Commissioner Moran seconded to add an item Budget Amendment – Inter-fund Transfers to the Finance Agenda. Page 17 of 23  Ayes – All 5–0 10. Discussion and Vote: Budget Amendment – Inter-fund Transfers Commissioner Sanghvi stated the budget amendment to be for unused bond funds in the amount of $1,607.50 to be used for the Katrina Trask project. Commissioner Sanghvi moved and Commissioner Moran seconded to approve Budget Amendment – Inter-fund Transfer. Ayes – All 5–0 PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Correction of Motion Commissioner Golub stated the July 19,2022, City Council Meeting the contract between the City of Saratoga Springs and Absolute Pest Control approved by the Council had an incorrect expiration date of August 3,2022, and should be August 3, 2023. Commissioner Golub moved and Commissioner Sanghvi seconded to authorize the Mayor to sign the contract with Absolute Pest Control through August 3, 2023. Ayes – All 5–0 2. Discussion and Vote: Authorization for the Mayor to Sign Agreement with the State of New York Unified Court System Commissioner Golub stated the agreement to be an annual renewal with the New York Unified Court System. Golub stated the agreement renewal period to be from April 1, 2022 through March 31, 2023, with the proposed budget to be $53,436 for DPW services. Golub stated the budget to be based on reimbursement for services rendered for court cleaning and minor repairs and maintenance by the DPW staff. Commissioner Golub moved and Commissioner Montagnino seconded to authorize the Mayor to sign the agreement with the State of New York Unified Court System. Ayes – All 5–0 3. Discussion and Vote: Authorization for the Mayor to Sign Contract with Capital Tractor for New Holland Tractor with Alamo Flail Mower Commissioner Golub stated the approved 2022 Capital Fund budget included funds the purchase of heavy equipment used by the DPW. Golub stated the contract with Capital Tractor would allow for the purchase for a New Holland tractor with Alamo flail mower attachment used to maintain grass on City owner properties and right of way. Commissioner Golub moved and Commissioner Sanghvi seconded to authorize the Mayor to sign the contract with Capital Tractor for a New Holland Tractor with the Alamo Flail Mower attachment. Page 18 of 23  Ayes – All 5–0 4. Discussion and Vote: Authorization for the Mayor to Sign Change Order #4 with Jersen for Raw Water Intake Improvements – Phase 1 General Construction Commissioner Golub stated Jersen to be 98% complete on the general contract with the raw water intake improvements. Golub stated due to supply chain issues with the delivery of the gate actuators, had caused a $6,476. 29 increase due to insurance extension. Golub stated, in addition, the contract end date to be extended from July 31, 2022, to September 30, 2022. Golub stated the change order had brought the total general construction contract from $2,130,000.00 to $2,137,000.00. Commissioner Golub moved and Commissioner Moran seconded to authorize the Mayor to sign change order #4 with Jersen for raw water intake improvements – Phase 1 General Construction in the amount of $6,476.29. Ayes – All 5. Discussion and Vote: Authorization for Mayor to Sign Change Order #3 with Brunswick for Raw Water Intake Improvements – Phase 1 Electric Construction Commissioner Golub stated Brunswick to be 98% complete with the raw water intake improvements. Golub stated due to supply chain issues with the delivery of the gate actuator, had caused a $9,590.00 increase. Golub stated, in addition, the contract end date to be extended from July 31, 2022, to September, 30, 2022. Commissioner Golub moved and Commissioner Moran seconded to authorize the Mayor to sign change order #3 with Brunswick for raw water intake improvements – Phase 1 Electric Construction in the amount of $9,590.00. Ayes – All 5–0 6. Discussion and Vote: Authorization for the Mayor to sign Agreement with Saratoga Springs Housing Authority for Salt Commissioner Golub stated the Saratoga Springs Housing Authority (“SSHA”) had contacted the DPW, due to issues purchasing salt. Golub stated the shared-service agreement would allow SSHA to purchase excess salt from the DPW for use on SSHA parking lots and sidewalks. Golub stated the SSHA would purchase salt equal to the amount paid by the City. Commissioner Golub moved and Commissioner Montagnino seconded to authorize the Mayor to sign agreement with the Saratoga Springs Housing Authority for Salt. Ayes – All 5–0 7. Discussion and Vote: Authorization for the Mayor to Sign Agreement with Saratoga Springs Housing Authority for Gasoline Commissioner Golub stated the Saratoga Springs Housing Authority (“SSHA”) had contacted the DPW, due to issues purchasing gasoline for a small fleet of vehicles. Golub stated the shared- service agreement would allow SSHA to utilize City pumps at the DPW garage for SSHA vehicles only. SSHA would pay the City the amount equal to the amount paid by the City. Page 19 of 23  Commissioner Golub moved and Commissioner Montagnino seconded to authorize the Mayor to sign the agreement with Saratoga Springs Housing Authority for gasoline. Ayes – All 5–0 8. Announcement: Appointment to the Saratoga Springs Arts Commission Commissioner Golub announced the reappointment of Lisa Kolosek to the Saratoga Springs Arts Commission. Golub stated the Kolosek to be an independent curator. Golub stated Kolosek had an exhibit at the Saratoga Arts Center. 9. Announcement: Big Truck Day Commissioner Golub announced Big Truck Day would commence on Tuesday, August 16, 2022, at the Saratoga Springs Ice Rink parking lot on Weibel Ave. Golub stated the lineup would include trucks from the DPW fleet. Golub stated the day to be an opportunity for the public to learn more about the DPW fleet and how they provide services that keep the City running. PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Capital Budget Amendment for Fire Station #3 Commissioner Montagnino stated pursuant to City Charter §4.4.10 and City budget amendment policy requirements, the Capital Budget amendment to be in the amount of 1,427,500.00. Mayor Kim asked if the vote had been required to be a roll call vote. City Attorney Izzo stated to his knowledge the vote did not require a roll call. Commissioner Montagnino moved and Commission Sanghvi seconded the Capital Budget Amendment for Fire Station #3 in the amount of $1,427,500.00. Ayes – All 5–0 2. Discussion and Vote: Adoption of New City Ordinance Chapter 55 titled: Aggressive Solicitation to the City Code Commissioner Montagnino stated the considerable amount of discussion from the earlier Public Hearing would be the reason Montagnino limit a presentation of the ordinance. Commissioner Montagnino moved and Mayor Kim seconded to adopt the new City Ordinance Chapter 55 titled: Aggressive Solicitation to the City Code. Commissioner Moran stated to have concerns on the status of local panhandling. Moran stated to be concerned how the interpretation of aggressive could be used. Moran stated it to be a first amendment right to ask others for money or otherwise. Moran stated to feel there to be professional grifters taking advantage of the first amendment and the tourist attraction of Saratoga Springs. Moran stated the most humane stop action would be to stop making excuses for people and to understand the complexity of the situation. Moran stated not to know where he stood on the ordinance. Moran stated the fact the ordinance had gone through the NYS Court of Appeals process by another jurisdiction made the ordinance sound justifiable, but was unsure of the ordinance on a whole. Moran stated the ordinance had some inarguable aspect, and some aspects were troubling. Page 20 of 23 Commissioner Sanghvi stated to hold the same concerns as Moran. Sanghvi stated to not want to minimize homelessness. Sanghvi stated there to be only antidotal data on aggressive panhandling. Sanghvi offered for the Finance Department to fund a homelessness study and how does aggressive panhandling impact the community of Saratoga Springs. Sanghvi stated the ordinance could be weaponized against marginalized individuals. Sanghvi stated there to be no way to gauge the determination and distinction of aggressiveness. Sanghvi stated what may seem scary to one person another person may feel different. Sanghvi stated to have had the police called on her during campaigning. Montagnino stated it had been an unfortunate choice of language to call the ordinance aggressive solicitation. Montagnino stated to had shared the ordinance with the SSPD Chief of Police who had spoke to the Rochester Police Chief, who stated the ordinance to be used rarely. Montagnino stated the proposed ordinance to be based off of Rochester’s template and on Rochester’s books for a dozen years or more. Montagnino stated a majority of enforcements may occur would be when a vehicle stopped at a stop sign or traffic light is aggressively slapped on the window by a panhandler or where the activity occurs within the presence of a police officer. Montagnino stated the report of aggressive solicitation would amount to a petty offence and would filter out merely annoyed citizens from making a report. Montagnino stated the enforcement would not be heavy handed and used for only egregious incidences. Montagnino stated an appearance ticket would be issued to the perpetrator after the victim of the aggressive solicitation had willingly signed a sworn supporting deposition. Montagnino stated it to be the police officer to exercise the discretion to enforce. Commissioner Golub stated the problem to be who would determine what is egregious. Golub stated due to no requirement of intent, no one can predict where the ordinance will go and how it to be implemented. Golub stated the Council should look at the data from Rochester regarding the implementation of their ordinance. Golub stated the data to include the effects on homelessness and the homeless and how it had been received by the citizens of the city. Golub stated these to be the same questions he had at the past discussion on aggressive solicitation. Golub stated it to be more important to know if the ordinance is working rather than only knowing it to be a legal ordinance. Golub stated to struggle with what the ordinance would achieve, since no data had been provided and Montagnino stated it would be rarely used. Golub stated the reality to be that objective law is not always applied to the marginalized community. Mayor Kim stated the City to have a homeless court and the citations the aggressive solicitor would receive would bring individuals to the court to receive or be directed to programs to help them. Kim stated the tool of the ordinance would assist in combating homelessness. Kim stated the ordinance would not outlaw panhandling. Kim stated the ordinance could be weaponized and stated to support the ordinance. Sanghvi reinstated the idea of funding a study. Kim stated since the homeless were not counted you cannot judge how many people were helped, and thought a study would be a good idea. Kim stated the reason the City of Saratoga Springs were seeing a rise in panhandling had been due to being market driven to a wealthy community. Sanghvi stated to be against the aggressive solicitation ordinance due to no data and the marginalization of people. Commissioner Montagnino recommended the ordinance to be changed to add a sunset date, once the City had collected their own data. Montagnino stated he would work over the next few weeks to put together a mechanism to put data together from within the City of Saratoga Springs. Montagnino suggested December 31, 2022, to be the sunset date after majority objection of one (1) year. City Attorney Izzo stated aggressive panhandling had been discussed by the City Council seven (7) years ago, which they had not took action on. Izzo stated there to be statutes in Penal Law Page 21 of 23  that had subjective interpretation of reasonable fear. Izzo stated if the conduct were drawn narrowly, it could be effective. Commissioner Montagnino moved and Mayor Kim seconded to adopt the new City Ordinance Chapter 55 titled: Aggressive Solicitation to the City Code with the Friendly Amendment to the Ordinance to add the sunset clause expiration date of December 31, 2022. Ayes – Nay – Abstention 2–3 The Motion failed with Council Members Kim and Montagnino in favor. Council Member Sanghvi, Moran, and Golub voted against. 3. Discussion and Vote: Authorization for Mayor to Sign Renewal Contract with Stilsing Electric Commissioner Montagnino stated the contract provided emergency electrical services to the City when traffic control devices fail outside the hours of City employees work hours. Montagnino stated the contract had been in place for years and the contract piggybacks to be a mirror contract the County has had in place for years. Commissioner Montagnino moved and Commissioner Moran seconded to authorize the Mayor to sign the renewal contract with Stilsing Electric. Ayes – All 5–0 4. Discussion and Vote: Authorization for Mayor to Sign Contract with Campito Plumbing & Heating, Inc. for Fire Station #3 Project Commissioner Montagnino moved and Commissioner Moran seconded to authorize the Mayor to sign the contract with Campito Plumbing & Heating, Inc. for Fire Station #3. Ayes – All 5. Discussion and Vote: Authorization for Mayor to Sign Contract with Burniche Piping for Fire Station #3 Commissioner Montagnino stated the contract would be the fourth and final component of the process to move forward with fire station #3. Commissioner Montagnino gave thanks for the Finance and Accounts Departments for the efforts the staff of the departments had extended to ensure the project came to fruition. Montagnino gave thanks to Assistant Fire Chief Dyer in his dedication towards the project and being a critical factor. Commissioner Montagnino moved and Commissioner Sanghvi seconded to authorize the Mayor to sign the contract with Burniche Piping for Fire Station #3. Ayes – All 5–0 Page 22 of 23 ADJOURN Mayor Kim moved and Commissioner Moran seconded to adjourn the meeting at 10:30 p.m. Respectfully submitted, Barbara Brindisi Assistant City Clerk Approved: August 16, 2022 Vote: 4 – 0 Page 23 of 23  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NY WHEREAS, Title 2.6 of the Saratoga Springs City Charter empowers the City Council to determine the employees for the Mayor and each Commissioner; and WHEREAS, the City Council previously established the position of Director of Risk and Safety to coordinate all insurance and safety activity within the City and provide a resource for the Mayor and each Commissioner to implement safety rules and regulations within their departments; and WHEREAS, this Council finds that it is in the public interest for the position of Director of Risk and Safety to be under the direction of the Mayor’s office, NOW, THEREFORE, BE IT RESOLVED as follows: 1. The position of Director of Risk and Safety shall report to and work under the general supervision and administrative direction of the Mayor and Deputy Mayor effective August 22, 2022. 2. The Director of Risk and Safety shall continue to be a resource for all members of the City Council and the employees of the City. 3. The Mayor’s Office shall issue a revised Risk and Safety Manual on or before September 20, 2022. DATED: CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, NEW YORK