City Council

CLOSE CITY OF SARATOGA SPRINGS City Council Meeting December 27, 2022 City Council Room Print 9:00 AM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S): EXECUTIVE SESSION: 1. DA Heggen Litigation 2. Union Contract Proposal CONSENT AGENDA 1. Approve Budget Amendments - Regular 2. Approve Budget Transfers - Regular MAYOR’S DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Addendum One: Delta Development (Pending Departmental Approval) 2. Discussion and Vote: PO Request for A3011214-54573 3. Discussion and Vote: Tait Lane Reserve Assignment and Assumption of CLIC (Pending Departmental Approvals) ACCOUNTS DEPARTMENT 1. Discussion and Vote: Approval of Zoning and Comprehensive Plan Map Amendments for Liberty Affordable Housing FINANCE DEPARTMENT 1. Update: City Finances 2. Discussion and Vote: 2022 Finance Policy and Procedures Manual 3. Discussion and Vote: Authorization for Mayor to Sign Mimecast Addendum #1 (Pending Departmental Approvals) 4. Discussion and Vote: Use of Insurance Reserve Resolution 5. Discussion and Vote: Budget Transfers - Payroll & Benefits PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Contract with CT Male Associates for Post Closure Monitoring Services (Pending Departmental Approvals) 2. Discussion and Vote: Authorization for Mayor to Sign Contract with Barton & Loguidice, DPC. For Landfill Gas Operations, Maintenance & Monitoring (Pending Departmental Approvals) 3. Discussion and Vote: Approval to Pay Invoice # 2022206 To Kubricky Construction Corp. In The Amount Of $4,500.00 PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Authorization to pay invoice to reimburse the Fire Chief for travel purposes 2. Discussion and Vote: Authorization for Mayor to sign contract with AMCHAR (Pending Departmental Approvals) 3. Discussion and Vote: Transfer balance from the Caroline Street overtime line to the Police Reform Assignment line SUPERVISORS ADJOURN Special City Council Meeting End of Year Budget Transfers December 27, 2022 December 27, 2022 CITY OF SARATOGA SPRINGS Special City Council Meeting City Council Meeting Room 474 Broadway 9:00 A.M. PRESENT: Ron Kim, Mayor Minita Sanghvi, Commissioner of Finance Dillon Moran, Commissioner of Accounts James Montagnino, Commissioner of DPS STAFF PRESENT: Angela Rella, Deputy Mayor Jason Tetu, Deputy Commissioner of DPS Anthony Izzo, City Attorney EXCUSED STAFF: Stacy Connors, Deputy Commissioner of Accounts Heather Crocker, Deputy Commissioner Of Finance Joseph O’Neill, Deputy Commissioner of DPW (leave of absence) 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. CALL TO ORDER Mayor Kim called the meeting to order at 9:07 a.m. PUBLIC HEARING There were no Public Hearings scheduled for this meeting. PUBLIC COMMENT Mayor Kim opened the public comment period at 9:07 a.m. Page 1 of 11 Special City Council Meeting End of Year Budget Transfers December 27, 2022 No one spoke Mayor Kim closed the public comment period at 9:08 a.m. PRESENTATONS There were no Presentations scheduled for this meeting. EXECUTIVE SESSION Ayes – 5 Nays – 0 Motion carried. The Council went into executive session at 9:10 a.m. and returned at 9:39 a.m. Mayor Kim stated there were no votes taken and the Mayor would continue negating union contracts and collective bargaining. CONSENT AGENDA 1. Approve Budget Amendments – Regular 2. Approve Budget Transfers - Regular Commissioner Sanghvi moved and Commissioner Moran seconded to approve the Consent Agenda. Ayes – 5 Nays – 0 Motion carried. MAYOR’S DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Addendum One: Delta Development (Pending Department Approval) Mayor Kim stated the Delta Development contract to be a three (3) month extension of an existing contract to exploration of infrastructure possibilities. Mayor Kim stated the existing contract expires on 12/31/2022, approve the contract after review. City Attorney Izzo stated the Council had approved contract the staff had not approved for various reasons. Izzo stated there is nothing that prohibits the Council from making the determination and decision. Izzo stated the Council to be the final arbitrators of whether something is approved or not approved. Izzo stated the Council had the authority. Commissioner Sanghvi stated many contracts on the agenda had not gone through the departmental approval process. Mayor Kim asked the Council whether they could have short term approvals. Kim stated the City Council could had the authority to override any approval necessary. Page 2 of 11 Special City Council Meeting End of Year Budget Transfers December 27, 2022 Commissioner Moran stated the Assistant Purchasing Agent had been out of the office during the holiday week and would be in the office that morning to review all contracts. Moran stated he felt comfortable voting on the contracts pending the Assistant Purchasing Agent’s approval. Commissioner Sanghvi stated she agreed to approve pending the Finance Department review and approval. Commissioner Moan stated to prefer to allow the standard process to work its way through. Moran stated to be sensitive of the needs of all departments for the continuation of services. Moran stated he did not want to not follow internal departmental policies. Commissioner Sanghvi stated to be fine approving contracts with the knowing the Finance Department will look over the outstanding items for their approval to stay in compliance with their policy and procedures. Mayor Kim moved and Commissioner Moran seconded to approve the Mayor to sign addendum #1 for Delta Development pending departmental review. Ayes – 5 Nays – 0 Motion carried. 2. Discussion and Vote: PO Request for A3011214-54573 Mayor Kim pulled item #2 from the Mayor’s Agenda. 3. Discussion and Vote: Tait Lane Reserve Assignment and Assumption of CILC (Pending Departmental Approvals) Mayor Kim stated this item to be a reserve assignment. Mayor Kim stated the project was to move the assignment from one company to another company. Izzo stated this to be a change in companies. City Attorney Izzo stated CILC to stand the cash in lieu of credit. Izzo stated the interested parties would like to finalize the agreement before the end of the year. Izzo stated Director of Risk & Safety Marilyn Rivers had made one (1) change recommendation, which Izzo stated the change had been incorporated into the final version of the contract. Mayor Kim moved and Commissioner Sanghvi seconded to approve the Tait Lane Reserve Assignment and Assumption of CILC with the friendly amendment pending departmental approvals. Ayes – 5 Nays – 0 Motion carried. Page 3 of 11 Special City Council Meeting End of Year Budget Transfers December 27, 2022 ACCOUNTS DEPARTMENT 1. Discussion and Vote: Approval of Zoning and Comprehensive Plan Map Amendments for Liberty Affordable Housing Commissioner Moran stated the Liberty Affordable Housing has had a Negative SEQRA Declaration, which states there is no requirement for an environmental impact statement. Moran stated there is no substantive impact on the environment. Moran stated there had been a negotiation session with the City Attorney which addressed the resolution and made the required changes. Commissioner Moran asked the Council whether it was necessary to read the resolution into the record or wave the reading. Commissioner Sanghvi stated she had a flight to catch and recommended to waive the reading since it was in the record. Mayor Kim stated the resolution was not technically in the record or agenda. Kim stated are last-minute changes to the resolution. Kim stated the resolution to be the final copy and the Council agreed with it. City Attorney Izzo stated the Council had the resolution since Friday, December 23, 2022, to review. Mayor Kim asked whether the resolution could be attached to the record. City Attorney Izzo stated the more complete the record the better. Izzo stated the document had not been posted for the public before the Council had made changes at the table. Izzo stated it to be preferable to be read into the record. Commissioner Golub stated the question had not been what was preferable but was it legal or not. Izzo stated the resolution had been considered by the Council and acted on appropriately. Mayor Kim stated there were to be changes to the document. Kim stated the document required to be changed because rural residential is indicated as R1 but should be RR throughout the document. Kim stated the applicant can read the resolution and the Council can make amendments to changes as passage. Kim stated there is an issue of language in Paragraph 3, which is the bracketed sentence. Kim stated the bracketed sentence complements the sentence before it. Kim stated the first sentence defining workforce housing was enough unless Commissioner Montagnino felt the second sentence was necessary. Commissioner Montagnino stated to be in favor of the addition of the second sentence. Mayor Kim asked whether there were any objections. Commissioner Moran and Commissioner Golub stated to be in favor of the streamlined version without the second sentence. Kim stated to be neutral on the resolution’s additional bracketed sentence. Commissioner Moran recommended to Liberty Affordable Housing Attorney Stephanie Ferradino to review and read the resolution to ensure it had been the same that had been agreed upon. Attorney Ferradino stated to be comfortable with or without the additional sentence and the changes made from R1 to RR, as well as the addition of the letter s to United States reference in the resolution. Commissioner Moran stated the resolution to be cleaned up of errors and then officially entered into the record after the meeting, and the Council would put the marked-up version into the record. After discussion with Account’s Department staff member recording the minutes, Moran Page 4 of 11 Special City Council Meeting End of Year Budget Transfers December 27, 2022 stated since the Council and Liberty Affordable Housing has been transparent and did everything by the law and Moran would not want to jeopardize the project by not recording the resolution to record. Moran asked if it would seem to be an impropriety and jeopardy to the project by not reading the resolution into the record and make a procedural difference. Mayor Kim recommended the item to be tabled when his office made the updated changes to the resolution. Kim stated the document was on the Mayor’s Office word processor since it had been sent by the Mayor’s legal counsel. Kim stated the final copy could then be attached to the record so there were no questions. Kim confirmed the changes to be the RR, change to United States, and the removal of the bracket language. After the Finance Department Agenda, the Liberty Affordable Housing resolution was ready to be readdressed by the City Council. Commissioner Moran stated the resolution could be officially entered on the record and then post to the public after the meeting. Commissioner Moran stated he was getting a second opinion from his office on the reading of the resolution. Moran stated earlier in the year the DPW had brought resolutions to the table and only entered them and did not read them and they were required to be brought back to the table to be read and revoted on. Commissioner Moran read the resolution into the record. Due to formatting issues, please see the attached resolution that had been read into the record. Mayor Kim asked the applicant to come to the microphone and answer a question for the Council before the vote had been taken. Kim asked Liberty Affordable Housing Attorney Stephanie Ferradino, “Do you consent to the terms of the resolution of behalf of Liberty Affordable Housing, Inc.?” Attorney Ferradino answered, “Absolutely.” Commissioner Moran moved and Commissioner Sanghvi seconded the approval of Zoning and Comprehensive Plan Map Amendments for Liberty Affordable Housing. A Roll Call Vote had been taken: Kim – Aye Moran – Aye Sanghvi – Aye Montagnino – Aye Golub – Aye 5–0 Motion carried. FINANCE DEPARTMENT 1. Update: City Finances Commissioner Sanghvi stated not to have city finance updates. 2. Discussion and Vote: 2022 Finance Policy and Procedures Manual Page 5 of 11 Special City Council Meeting End of Year Budget Transfers December 27, 2022 Commissioner Sanghvi stated there to be no additional changes to the policy and procedure manual from the previous updated addition. Sanghvi stated to be required to read the changes into the record. Sanghvi stated the changes were as follows: General Ledger and Budget Account Structures – no changes. Reporting and Depositing Money – added safeguarding and fee language and a few minor changes. Internal Controls – 1. Cash receipting of DPW Revenue – updated for new process at Carousel 2. Cash Receipting of DPS Revenue – titles updated. Complus changed to Parking Ticket System 3. Cash Receipting and Disbursements of Police Department – no changes 4. Cash Receipting – Recreation – updated for new software system Petty Cash – formatting changes Certification of Sufficient Funds – formatting changes. Adding purchases orders brought to Council for approval to list of items requiring a certification Payment Approval – updated Charter reference Budget Amendments – Added Budget Director to receive documents, added laserfiche as retention, and added Mayor for insurance items Journal Entries – no changes Payroll Preparation and Distribution – added policy approved on 4/5/2022. Added vendor ACH forms. Timesheets – added policy approved on 4/5/2022. Removed cancer screening form Data Network and IT 1. Confidentially Agreement – updated title 2. City Network, Computer Systems and Social media site Usage Policy – minor changes 3. Vendor Acceptable Use Polity – no changes Accounts Receivable and Allowance for Doubtful Accounts – added MUNIS as the preferred invoice method. Added ability to add 10% collection fee Gifts and Donations – no changes Recognition of Individuals – no changes Capital Budget Amendments – added Budget Director Year End Payment Processing – formatting changes Enforcing/Waiving Utility Bill Penalties - no changes Position Upgrade – no changes Appropriations to Not for Profit Agencies – no changes Paying Invoices – added policy revision from 4/5/2022 City Fees – new policy in 2022. Documents the past practice Mayor Kim asked if there had been a need to approve the manual before the end of year. Commissioner Sanghvi stated yes the manual was to be approved before the end of year. Commissioner Moran stated the Accounts Department did not receive the redline version of the manual until December 21, 2022 and did not review the entire document. Moran stated not to believe there is a statutory requirement to pass before the end of year. Kim stated his staff had not yet reviewed the manual and stated not to agree with the concept because things were always done a certain way that they are required to continue the process. Page 6 of 11 Special City Council Meeting End of Year Budget Transfers December 27, 2022 Commissioner Sanghvi stated any department would be able to recommend amending the manual. Commissioner Moran asked City Attorney Izzo which had greater standing a resolution or a policy, due to the 4/5/2022 reference an existing resolution of the Accounts Department regarding Special Events. Moran stated the Accounts Department is not happy with the language which is present in the 2023 manual that is regarding the resolution. Attorney Izzo stated a policy is enacted by the council to be applied going forward. Izzo stated a resolution is to modify an established policy. Moran asked whether a policy stays in effect until it is resolved but does not recommend two (2) conflicting policies. Commissioner Sanghvi stated the updated 2023 Finance Policy and list of changes had been on the agenda since Tuesday, December 20, 2022, for all departments to review. Commissioner Sanghvi moved and Commissioner Montagnino seconded to accept of the changes to the Finance Department Policy and Procedure Manual. Ayes – 3 Nays – 0 Abstain – 2 Motion carried. 3. Discussion and Vote: Authorization for Mayor to Sign Mimecast Addendum #1 (Pending Departmental Approvals) Commissioner Sanghvi stated the Council approve a portion of the contract on December 20, 2022. Commissioner Sanghvi moved and Commissioner Moran seconded to authorize the Mayor to sign Mimecast Addendum #1 pending departmental approvals. Ayes – 5 Nays – 0 Motion carried. 4. Discussion and Vote: Use of Insurance Reserve Resolution Commissioner Sanghvi stated the insurance reserve was to replace the DPS countertop due to the fire in the SSPD in May 2022. Commissioner Sanghvi moved and Commissioner Montagnino seconded to authorize the payment from the insurance reserve fund. Ayes – 5 Nays – 0 Motion carried. 5. Discussion and Vote: Budget Transfers – Payroll & Benefits Commissioner Sanghvi moved and Commissioner Montagnino seconded to approve the budget transfer - payroll. Page 7 of 11 Special City Council Meeting End of Year Budget Transfers December 27, 2022 Ayes – 5 Nays – 0 Motion carried. PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Contract with CT Male Associates for Post Closure Monitoring Services (Pending Departmental Approvals) Commissioner Golub moved and Commissioner Montagnino seconded to authorize the Mayor to sign the contract with CT Male Associates for Post Closure Monitoring Services valid until December 31, 2023, in the amount not to exceed bid pricing and pending departmental approvals. Ayes – 5 Nays – 0 Motion carried. 2. Discussion and Vote: Authorization for Mayor to Sign Contract with Barton & Loguidice, DPC. For Landfill Gas Operations, Maintenance & Monitoring (Pending Departmental Approvals) Commissioner Golub moved and Commissioner Moran seconded to authorize the Mayor to sign a contract with Barton & Loguidice, DPC for landfill gas operations, maintenance & monitoring pending departmental approvals. Ayes – 5 Nays – 0 Motion carried. 3. Discussion and Vote: Approval to Pay Invoice #2022206 to Kubricky Construction Corp. in the Amount of $4,500.00 Commissioner Golub moved and Commissioner Moran seconded to approve payment of invoice #2022206 to Kubricky Construction Corporation in the amount of $4,500.00 Ayes – 5 Nays – 0 Motion carried. PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Authorization to Pay Invoice to Reimburse the Fire Chief for Travel Purposes Commissioner Montagnino moved and Commissioner Moran seconded to authorize the reimbursement of the fire chief for travel purposes. Page 8 of 11 Special City Council Meeting End of Year Budget Transfers December 27, 2022 Ayes – 5 Nays – 0 Motion carried. 2. Discussion and Vote: Authorization for Mayor to Sign Contract with AMCHAR (Pending Department Approval) Commissioner Montagnino stated the for the purchase of 9 MM Glock pistols for the SSPD in the amount of $42,913.00. Montagnino stated the 45MM weapons currently used were being phased out nationwide and the ammunition was difficult to procure. Commissioner Moran moved and Commissioner Sanghvi seconded to authorize the Mayor to sign a contract with AMCHAR pending departmental approval. Ayes – 5 Nays – 0 Motion carried. 3. Discussion and Vote: Transfer Balance from the Caroline Street Overtime Budget Line to the Police Reform Assignment Line Commissioner Montagnino stated the balance in the Caroline Street Overtime Budget had been $97,000.00, which he would like to move to the police reform assignment line. Montagnino stated the intent for the transfer would be for the Civilian Review Board and the Police Reform Task Force. Montagnino stated it to be in the City’s benefit to have the line well-funded. Commissioner Sanghvi stated assignments are to go through the Finance Department. Sanghvi stated Montagnino is trying to take away the purview of the Finance Department. Sanghvi stated the Police Reform Task Form line is at $250,000.00 and no money had been used in the line in 2022. Sanghvi stated because monies were not used in one line it doesn’t mean it should be pushed into another line, which the Charter forbids. Sanghvi stated once the books are finalized and sent to the state and the auditors are finished reviewing, the City gets the information whether the City has a surplus where they can transfer or amend the budget. Sanghvi stated the Finance Department would have worked with the Department of Public Safety to do an analysis of overage and see if they could reassign the monies to other DPS lines. Sanghvi stated it to seem to be a slight of hand the DPS was proposing with this transfer on December 27,2022, during a Special Council Meeting. Commissioner Montagnino stated most other government budget processes were that departments mad a mad scramble to spend every dime they had before the end of the year. Montagnino stated rather than find new and creative ways of burning through money left over at the end of they year, he and his Deputy Commissioner decided not to do that for their image. Montagnino stated funds had not been drawn on the Police Reform Assignment line due to the CRB not being active yet. Montagnino stated he understood the Finance Commissioner’s argument, but it was up to the members of the City Council to approve or disapprove. Commissioner Sanghvi stated the Finance Department would have been happy to find a way to reallocate the funds as late as December 20, 2022. Sanghvi stated it not to be fair when a Page 9 of 11 Special City Council Meeting End of Year Budget Transfers December 27, 2022 department tries to usurp another department’s duties and does not follow a department’s policy and procedure. Sanghvi stated there is no hurry to use the Caroline Street Overtime line in the amount of $97,383.16 to a line with $250,000.00 in it and has not been drawn upon. Sanghvi stated the Finance Department supports the DPS and the CRB, and when more money is needed by that line the Finance Department would work to fund the line. Sanghvi stated it would be a terrible mistake for the City Council to vote for the transfer. Commissioner Moran asked what budget for the Police Reform Assignment had been, and Commissioner Sanghvi stated an additional $25,000.00 had been added. Moran stated additional funds may be needed for that line in 2023. Commissioner Sanghvi stated when the Council has legal questions they go to Attorney Tony Izzo and listen to what he has to say. Mayor Kim stated he would contest Sanghvi’s statement and the Council did not always. Sanghvi stated what she was trying to express was if the Council was not going to listen to the people whose job it is to oversee a department and the policies of that department then what was the point. Mayor Kim stated he agreed this was the wrong time. Kim stated the way the City oversees and deals with assignments were ridiculous. Kim stated all other municipalities forecast their budget except Saratoga Springs. Kim stated there to be a psychology in the building that since it had always been done a certain way that is must be right. Kim stated there should be an assignment at the end of the year where the whole Council decides how the money is to be allocated. Kim stated not to believe it to be the right practice to allow the money to go “back in the air” then come back down after the first quarter because the Finance Department says so. Kim stated previous administrations use of assignment practices had bordered on budget malpractice. Kim stated in the past it had not been fully disclosed what was in the assignment. Kim stated he did not feel the City handles the process correctly. Kim stated Montagnino brought up a very important point and the assignment issue is not as transparent as it should be. Commissioner Sanghvi stated the Finance Department would be starting the Strategic Budgeting and Forecasting Committee to meet monthly with departments to know the future needs of the departments. Commissioner Golub stated he agreed with many of the Mayor’s points. Golub stated it to be the Council Members responsibilities to look at the present process and see how they can be made better and not just run the machine as it always had been run. Golub stated finding new processes that are better is the answer and not just breaking the existing process. Mayor Kim stated there to be a process called the new needs process where a department can shift gears in the middle of the year and identify and decide how their department’s monies are spent. Commissioner Moran stated if he had a year-to-date budget monthly with quarterly review between departments would be a tremendous step forward for both financial management as well as transparency and appropriate usage. Commissioner Sanghvi stated that is the goal of the Strategic Budgeting Committee. Commissioner Montagnino asked whether the $97,000.00 would be available after the first of the year. Commissioner Sanghvi stated it would not be in the line after December 31, 2022, but the Page 10 of 11 Special City Council Meeting End of Year Budget Transfers December 27, 2022 lines can be replenished. Sanghvi stated the surplus amount would not be known until the end of April, but the unrestricted fund balance can be accessed at any point of time. Commissioner Montagnino moved and Commissioner Moran seconded the transfer balance from the Caroline Street Overtime Budget line to the Police Reform Assignment line. Ayes – 1 Nays – 4 Motion defeated. ADJOURN Commissioner Moran moved and Commissioner Sanghvi seconded to adjourn the meeting at 11:06 a.m. Respectfully submitted, Barbara Brindisi Assistant City Clerk Approved: April 4, 2023 Vote: 5–0 Page 11 of 11