City Council

CLOSE CITY OF SARATOGA SPRINGS City Council Meeting City Council Room November 21, 2022 Special City Council to Discuss Amended Budget - No Vote Print 10:00 AM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S): EXECUTIVE SESSION: CONSENT AGENDA MAYOR’S DEPARTMENT 1. Public Comment ACCOUNTS DEPARTMENT FINANCE DEPARTMENT 1. Discussion: 2023 Amended Budget PUBLIC WORKS DEPARTMENT PUBLIC SAFETY DEPARTMENT SUPERVISORS ADJOURN Special City Council to Discuss Amended Budget – No Vote November 21, 2022 November 21, 2022 CITY OF SARATOGA SPRINGS Special City Council Meeting to Discuss Amended Budget – No Vote City Council Room 474 Broadway 10:00 A.M. PRESENT: Ron Kim, Mayor Minita Sanghvi, Commissioner of Finance Dillon Moran, Commissioner of Accounts James Montagnino, Commissioner of DPS Jason Golub, Commissioner of DPW 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 Shane Crooks, SSPD Chief of Police Joseph Dolan, SSFD Fire Chief Aaron Dyer, SSFD Assistant Chief CALL TO ORDER Mayor Kim called the meeting to order at 10:06 a.m. PUBLIC HEARING 2023 Proposed Amended Budget PRESENTATONS The presentation had been the PowerPoint of the 2023 Proposed Amended Budget. EXECUTIVE SESSION There were no Executive Session scheduled. CONSENT AGENDA There were no Consent Agenda presented for the Special City Council Meeting. Page 1 of 7 Special City Council to Discuss Amended Budget – No Vote November 21, 2022 PUBLIC COMMENT No one spoke. Mayor Kim stated if the City Council Member’s had anything to discuss, they were able to use the Public Comment Period. Commissioner Moran stated to had previously requested an Executive Session due to the events of weekend of November 19 – 20, 2022, and matters relating to public safety. Moran stated comments made by City Officials could enflame the public. Moran stated after a conversation with City Attorney Izzo, purposes of public safety would be an allowable reason to call for an executive session. Commissioner Golub seconded the move for an Executive Session. Mayor Kim stated he and Commissioner Montagnino took (great) pains in ensuring what they had done and had been transparent to the public with releasing videos detailing the events by members of the DPS. Kim stated going into executive session relating to the incident over the weekend would not be necessary. Kim stated there were no pending litigation, and the issue to be an employment matter. Kim stated the City had not sought nor would be seeking legal advice from the City Attorney at this point in time; Kim stated there may become a time when advice would be required. Kim stated at this time any comments made should be made publicly, due to the rights of the taxpayers. Kim stated the Council should not go behind closed doors and the Council should be transparent, which had been the logic used by the Mayor and Commissioner during their public statement and the release of City video camera footage and body armor footage by DPS personnel. Kim stated his vote would be no to go into executive session. Commissioner Moran stated possible subjects of Section 105 of the New York Open Meetings Law would include matters that would imperil public safety and effective law enforcement, if matters were disclosed. Moran stated there to be an ongoing investigation, and as City Council Members there was a right of the members to meet to ensure to understand the actions which had taken place. Moran stated the Mayor and Commissioner Montagnino acted independent of the rest of the governing body of the City to make decisions for the full body of the Council. Moran stated to reject to those decisions made by the Mayor and Montagnino. Moran stated to have respect for the men and women [sic] of the DPS of their work and heroism displayed. Moran stated, the interest of the responding officers and the rest of those involved and/or harmed by the situation of the past weekend dictate the Council to have consideration for those involved. Moran stated a conversation amongst the Council is needed, so they would be all on the same page. Moran stated the executive session request would be the format to further discuss the matters. Mayor Kim stated to be willing to have open conversations about his role over the weekend in front of the public. Moran asked Kim whether he had released the name of the police officer who had been involved in the shooting. Kim stated he did not release the name of the police officer. Mayor Kim stated to have no reason to have executive session. Kim stated public safety would be an exception, and stated to had disclosed to the public, on Sunday, November 20, 2022, at 1 p.m. there had been no imminent threat to the public at that point. Mayor Kim stated the first point he made, during the press brief, had been that there were no imminent threat to the public. Kim stated the second point discussed was how important it had been to be transparent. Kim stated there had been many rumors on social media as to what the incident had been, and it was imperative the residents of the City understood what had taken place. Kim stated nobody acted without Council Authority. Kim stated the DPS Commissioner acted as CEO “Chief Executive Officer” of the police and fire departments, and acted within his authority. Kim stated to had acted as the Chief Officer of the City while representing the City. Kim stated, he and Montagnino, did nothing that was not within their authority at the press conference other than inform the public. Kim stated there had been Page 2 of 7 Special City Council to Discuss Amended Budget – No Vote November 21, 2022 no resolutions passed. Kim stated it not to be appropriate to go into a back room to discuss the events of the past weekend. Commissioner Moran asked why the video from the body camera of the responding officer had been released without redacting the officer’s name. Moran stated the family of the Vermont police officer to be concerned about reprisal of the event. Moran stated those issues were public welfare concerns expressed by the Vermont police officer’s attorney. Commissioner Montagnino asked whether those issue were going to be discussed in the Amended Budget discussion. Mayor Kim replied to Montagnino by stating, the Commissioner of Accounts, who has no responsibility, wanted to do that. Montagnino stated his understanding of the Special Meeting had been for the sole purpose of discussing the budget. Montagnino stated in the course of the meeting if an issue regarding the budget became to be so sensitive where an executive session would be required, then that would be the time to call an executive session. Kim agreed with Montagnino. Commissioner Montagnino stated three (3) Council Members were present at the press conference, with Commissioner Sanghvi taking an active role with the audio/video portion to get information to the public. Montagnino stated it showed the City to be a united City. Commissioner Moran stated to appreciate Montagnino’s remarks. Moran stated it to be an ongoing investigation which required some private conversations between elected officials. Commissioner Sanghvi asked whether the Council would like to take fifteen (15) minutes to discuss the incident that happened in the City over the weekend. Mayor Kim stated that would be fine, but a vote would need to take place. Montagnino asked whether Sanghvi meant fifteen (15) minutes of executive session or during the Council Meeting, and Sanghvi stated during the open meeting so she could move on to the budget. City Attorney Izzo stated an executive session would require a motion and reason under Section 105 of the Open Meetings Law, if the Council were to call for an executive session. Commissioner Golub asked Izzo whether one of the exceptions to be imminent public safety. Izzo stated there may be two (2) applicable reason for an executive session to be called, depending on how the discussion would progress. Izzo stated the reasons to be: Matters that would imperial the public health or safety if disclosed, the other to be: Matters that would impede a law enforcement investigation if they were disclosed. Izzo stated those two (2) matters to be proper subjects under the law for executive session. Commissioner Golub asked whether the Council would be required to be seeking legal advice on the two (2) issues. Izzo stated legal advice would be a whole different category and would be exempt from the Open Meetings Law, and would not require executive session. Golub asked who would decide whether imminent threat to the public existed. Izzo stated it to be up to the board that is calling executive session. Izzo stated minutes would be required for executive session, even though the minutes may not be immediately accessible to the public. Izzo stated some facts would have to be brought forth within the executive session that stated, for recording purposes, there could be impact of imminent threat. Mayor Kim stated not to had made a conclusion of imminent threat prior to the press conference. Kim stated during the conversations prior to the press conference, law enforcement personnel instructed Kim and Montagnino that no imminent threat had been an appropriate conclusion on Sunday. Commissioner Moran asked Chief Crooks whether there was an ongoing investigation. SSPD Chief of Police Crooks answered in the affirmative. Crooks stated there to be a current ongoing police investigation into the incident which occurred. Moran asked Crooks whether he found it to be advisable anything the Council may discuss amongst themselves stay out of the public atmosphere as it relates to Page 3 of 7 Special City Council to Discuss Amended Budget – No Vote November 21, 2022 the investigation and any materials that may be released. Crooks stated he cautioned against releasing anything that would negatively impact the investigation. Crooks stated he would refer the Council to the City Attorney for legal advice. City Attorney Izzo stated to read the Section 105 which stated “will imperial the public safety if disclosed,” and, “information relating current or future investigation or prosecution of a criminal offense, which would imperil effective law enforcement.” Mayor Kim asked Izzo whether the Council would be required to state to the public why the Council would be going into executive session. Izzo stated yes. Kim asked why would the Council then choose to go into an executive session to discuss an investigation that is ongoing. After discussion, Mayor Kim took the vote on the motion for executive session. Moran – Yea Montagnino – Nay Golub – Nay Kim – Nay Sangvi – silent Motion denied. Commissioner Sanghvi presented the City of Saratoga Springs 2023 Proposed Amended Budget via PowerPoint. Sanghvi stated the 2023 Requested Budget, 2023 Comprehensive Budget, and the 2023 Amended Budget were currently available on the City’s Website at: SaratogaSprings.org/departments/finance/citybudgets Sanghvi stated the Comprehensive Budget had been presented October 6, 2022, and the first Comprehensive Budget Public Hearing had been held October 18, 2022. Sanghvi stated there had been multiple public workshops, and the second comprehensive budget public hearing had been held November 4, 2022. Sanghvi stated this Special City Council Meeting is to discuss the proposed amended budget. Sanghvi stated an amended budget special public hearing and Special City Council Meeting to vote on the proposed amended budget would take place on Monday, November 28, 2022. Sanghvi stated the recent historical approved budget amounts to be: 2019 budget had been $47.1MM; 2020 budget had been $48.7MM; 2021 budget had been $46.2MM; 2022 budget had been $54.2MM, and proposed amended budget for 2023 to be $56.6MM. Sanghvi stated the Dept. of Public Safety (DPS) and the Finance Department had been working together to bring the budget numbers closer to the DPS revised budget and the Finance Department proposed amended budget. Sanghvi stated the amended budget fully funds six (6) additional police staff, weapons, and ballistic vests that were cut in the previous 2023 Comprehensive Budget. Sanghvi stated there had been errors in the Finance Department’s budget regarding the calculation of SSFD lieutenants, which would be corrected. Sanghvi stated the 2023 General Fund Amended Budget to be $56,553,204.13, which is a 4.31% increase from the 2023 Comprehensive Budget. Sanghvi stated the budget overview of all funds to be $85,009,450.03, which included the City Center, water, sewer, capital, and other funds. Sanghvi stated most of the increases to the 2023 Proposed Amended Budget to be personnel and corresponding benefits, which were increases of 5.26% and 1.47% respectfully from the comprehensive to proposed amended budget. Sanghvi stated the recent historical personnel budgets were: 2019 - Page 4 of 7 Special City Council to Discuss Amended Budget – No Vote November 21, 2022 $27.2MM, 2020 - $27.9 MM, 2021 - $25.7MM, 2022 – $30.4MM, and the 2023 Proposed Amended Budget for personnel to be $31.3MM. Sanghvi stated the 2023 Requested Budget to had been $36.8MM and the 2023 Comprehensive Budget to had been $28.8MM. Sanghvi stated the Comprehensive Budget had been a conservative budget, while the proposed amended budget to be more pragmatic. Sanghvi stated the amended revenue changes had 23.5% increase in ambulance transportation, 4.17% increase to sales tax, and Canfield Casino rental increase of 27.8%. Sanghvi stated there were decreases of 11.07% to hotel occupancy tax, and 1.03% decrease of property tax. Sanghvi stated the Finance Department had better projections for sales tax and hotel occupancy tax after receiving third quarter numbers. Sanghvi stated sales tax to be 30.9% of the City’s revenue and property tax to be 30.8% of the City’s revenue. Sanghvi stated property tax related revenues, departmental income, state & federal aid, NYRA, franchise taxes, utilities, and other revenues round out the 2023 revenue overview. Sanghvi stated the Fund Balance had increased from $514,742.30 in the 2023 Comprehensive Budget to $1,647,299.38 in the 2023 Proposed Amended Budget. Sanghvi stated the proposed tax levy had decreased from 3.72% to 2.88%, which would affect the inside Saratoga district homeowners with an increase of $3.11 per month on a home assessed value of $200,000.00, an increase of $4.66 on an assessed value home of $300,000.00, and an increase of $6.21 per month on a $400,000.00 assessed value home. Sanghvi stated the 2023 Amended Capital Budget total to be $9,161,865.00. Sanghvi stated the Capital Budget had included the Loughberry Lake Dam, SSFD ambulance, storm water improvements, telecommunication and archival, Gilbert Road, Canfield Casino, and Playground & Facilities improvements. Sanghvi stated the Mayor’s Department had a general fund total increase of 1.27% from the amount of $3,707,316.75 to the amount of $3,754,228.86, which is a $46,912.11 increase. Sanghvi stated the Mayor’s Department amended personnel change to be $60,000.00 for a communications director. Sanghvi stated the Mayor’s Department had additional personnel positions to be funded through use of Right-Sizing: Assistant Building & Contractor Inspector and Assistant City Attorney positions in the total amount of $199,683.77. Sanghvi stated the Accounts Department had a general fund total increase of 0.73% from the amount of $1,298,643.21 to the amount of $1,308,177.16, which is a $9,533.95 increase. Sanghvi stated the Accounts Department had additional personnel positions to be funded through use of Right Sizing: Record Retention Coordinator and Office Supervisor positions in the total amount of $176,143.34. Sanghvi stated the Finance Department had a general fund total decrease of 1.15% from the amount of $3,917,210.42 to the amount of $3,872,166.60, which is a $45,043.82 decrease. Sanghvi stated the Dept. of Public Works had a general fund total increase of 2.82% from the amount of $10,989,017.84 to the amount of $11,299,121.17, which is a $310,103.33 increase. Sanghvi stated the DPW had additional personnel position to be funded through use of Right-Sizing: Recycling Laborer in the total amount of $73,468.89. Sanghvi stated additional amended personnel changes to be at an increase of 3.03% from the Comprehensive Budget amount of $3,322,510.24 to the Amended Budget amount of $3,423,254.31. Sanghvi stated the Dept. of Public Safety had a general fund total increase of 5.74% from $31,954,101.02 to $33,788,294.92, which is a $1,834,193.90 increase. Sanghvi stated the DPS had additional personnel positions. Sanghvi stated the Finance Department had additionally revised the DPS budget in the amount of $34,050.00. Sanghvi stated the attached DPS 2023 Proposed Budget Expenses worksheet had the 2023 Amended Budget, DPS 2023 Revised Budget, and the Finance Department 2023 Revised Budget. Sanghvi stated Page 5 of 7 Special City Council to Discuss Amended Budget – No Vote November 21, 2022 some of the revisions included SSPD personnel, full requested funding for weapons and ballistic vests for officers. Sanghvi stated Axon had now had its own line and the department would no longer need to take from other lines to pay for Axon, which is funded in the amount of $349,836.00. Sanghvi stated the increase of $5,000.00 for a total of $25,000.00 for horse care had been updated. Commissioner Montagnino gave thanks to the Deputy Commissioners of DPS and Finance for working together to understand the needs of the department. Montagnino stated the DPS requested amended budget amount and Finance Department amount totals to differ by only 2.5%. Mayor Kim stated the numbers to be so close that Finance and DPS should split the difference. Sanghvi stated the Finance Department and the DPS would continue to work together to come to a final agreement of the DPS Budget. Sanghvi stated not to take lightly what the total amount would be. Commissioner Montagnino asked the SSFD and SSPD Chiefs to add their thoughts to the Finance Department’s Revised DPS Budget, which the Commissioner might have missed. SSFD Chief Dolan stated the Fire Equipment line had a zero amount in it. Dolan stated that line should have had the amount of $40,000.00 for the replacement of end-of life equipment and equipment failure. Dolan stated the second item that is glaring would be for SSFD training. Dolan stated the required amount to be $335,000.00, and it is only at $111,000.00. Dolan stated the SSFD would be responsible, in 2023, to train the sixteen (16) new firefighters. Dolan stated there would be no academy that would take all sixteen (16) recruits, due to the legal requirements of the size of the classes. Dolan stated the training amount of $335,000.00 came with data with facts and figures. Commissioner Sanghvi stated there had been the request by Asst. Chief Dyer of $335,075.00 for training, but had received the requested amount of $111,825.00 by Deputy Commissioner Tetu. Sanghvi stated the amended budget amount of $335,075.00 would be able to go back on the training line. Mayor Kim asked Dolan whether the training would require special equipment. Dolan stated to had been in the beginning phase of correspondence with the Wilton Fire Department, which had a specialized training facility. Dolan stated whether sixteen (16) required weeks of access would be granted. Dolan stated NYS law allowed for municipalities to run their own recruit school. Commissioner Montagnino stated Asst. Chief Dyer had reminded Montagnino there were conditions attached to the SAFER Grant, regarding minimum funding for training and equipment. SSPD Chief Crooks gave thanks to the Finance and DPS Departments for working together to bring more funding to the SSPD than the 2023 Comprehensive Budget had. Crooks stated it to be best to be properly funded, since the department never knows what is going to come up to increase costs. Crooks stated the events of the previous weekend would put strain and hardship on the 2022 DPS budget. Sanghvi stated the Finance Department would continue to work on the DPS budget, and send the revised numbers to the Council and public to review. Sanghvi stated the Dept. of Public Safety had amended personnel changes to be at an increase of 9.78% from the Comprehensive Budget amount of $9,825,859.60 to the Amended Budget amount of $10,787,169.00, which is an increase of $961,309.40. Sanghvi stated the Recreation Department had a general fund total increase of 7.75% from the amount of $2,349,253.81 to the amount of $2,531,215.42, which is a $181,961.61 increase. Sanghvi stated the Recreation Department had an additional personnel position to be funded through use of Right Sizing: Camp Saradac Counselor – Part time/Seasonal position in the total amount of $24,000.00. Sanghvi stated the Recreation Department had additional amended personnel changes to be at an increase of 7.92% from the Comprehensive Budget amount of $4,162,771.00 to the amended amount of $4,492,422.00, which is an increase of $329,651.00. Sanghvi stated the use of Right-Sizing for staffing adjustments due to hire dates, training requisites, and new requirements had been established by the City Council on November 1, 2021. Sanghvi stated the balance of the assignment as of 11/28/2022, to be $765,719.00, and the total amount for 2023 not to exceed $473,296.00. Sanghvi stated the staffing positions were meant to be hired when needed, and not Page 6 of 7 Special City Council to Discuss Amended Budget – No Vote November 21, 2022 necessarily on January 1, 2023. Sanghvi stated when the department hires the personnel, the amount would be in the assignment for staffing when needed. Sanghvi stated the updated revised amended budget would be made available to the Council and public. ADJOURN Commissioner Montagnino moved and Commissioner Sanghvi seconded to adjourn the meeting at 11:05 a.m. Respectfully submitted, Barbara Brindisi Assistant City Clerk Approved: December 6, 2022 Vote: 5 – 0 Page 7 of 7  August September October November Aug 1st Sep 15th Oct 6th Nov 30th Call letter from Deadline for The Commissioner shall The budget shall be transmit the proposed passed on or before Commissioner of submitting Requested Comprehensive Budget Finance sent to all Budget, Capital Nov 30 by City Council to the Council at the first vote. City Departments Budget Requests meeting in October. Sep 30th In the period from Oct 1 This year, the letter was to Oct 31, the Council If the Council fails to pass sent on June 30th, giving Around this time, the shall examine the budget, the budget, the budget City Departments an Commissioner of make adjustments, and submitted by the additional 32 days to Finance shall adjust, hold the first of two (2) Commissioner of Finance compile their requests. collate, and publish the public hearings before shall become, by law, the budget for the City. budget. Nov 1.  Other Sources 23% VLT Aid 4% Mortgage Tax Sales Tax 4% 31% State Aid 3% Property Tax Ambulance 32% Transport 3%  Combined Rate Proposed Rate % Change Inside District $6.67 3.74% Outside District $6.61 3.70% Average $6.64 3.72%  General Fund Revenues 2022 Adopted 2023 Comp. % Change Sales Tax $14,900,000.00 $16,800,000.00 12.75% Real Property Tax $17,067,470.31 $17,621,681.00 3.25% VLT Aid $2,325,592.00 $2,325,592.00 0.00% Mortgage Tax $2,135,216.94 $2,050,000.00 -3.99% State Aid Revenue Sharing $1,649,701.00 $1,649,701.00 0.00% Ambulance Transport $1,800,000.00 $1,530,000.00 -15.00% SAFER Grant $0.00 $1,295,547.52 100.00% ARPA Federal Aid $3,924,010.00 $0.00 -100.00% Other $10,393,138.61 $10,943,021.53 5.29% Total General Fund $54,195,128.86 $54,215,543.05 0.04%  Budget Overview - General Fund Revenues 2022 Adopted 2023 Comprehensive % Change Total $54,195,128.82 $54,215,543.05 0.04% Expenses 2022 Adopted 2023 Comprehensive % Change Personnel $30,404,181.05 $29,764,431.45 -2.10% Benefits $13,581,196.32 $14,804,463.92 9.01% Insurance $1,004,038.36 $1,055,176.96 5.09% Gas & Oil $295,207.00 $436,607.00 47.90% Other $8,910,506.09 $8,154,863.72 -8.48% Total $54,195,128.82 $54,215,543.05 0.04% Expense Detail 2022 Adopted 2023 Comp. % Change TOTAL $13,581,196.32 $14,804,463.92 9.01% Healthcare $8,641,929.95 $9,779,171.78 13.16% Retirement System $4,726,591.97 $4,775,674.60 1.04% Other Benefits $212,674.40 $249,617.54 17.37%