City Council

CLOSE CITY OF SARATOGA SPRINGS City Council Meeting Council Chambers December 28, 2023 **Special City Council Meeting** Print 11:00 AM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S): EXECUTIVE SESSION: CONSENT AGENDA 1. Approve Budget Transfers - City Center 2. Approve Budget Transfers - Regular 3. Approve Budget Transfers - Regular MAYOR’S DEPARTMENT 1. Discussion and Vote: Authorization to Pay Invoice for Code Blue Reimbursements 2. Discussion and Vote: Authorization for Mayor to Sign Contract with RISE for Homeless Shelter Services 3. Discussion and Vote: Authorization for the Mayor to Sign Contract Extension with Miller, Mannix, Schachner, and Hafner, LLC ACCOUNTS DEPARTMENT 1. Award of Bid: Miller Mannix Schachner - Land Use Board Legal Counsel 2. Award of Bid: Extension of Bid to RISE Housing & Support Services for Homeless Shelter Services 3. Award of Bid: Short Term Rental Compliance Monitoring FINANCE DEPARTMENT  1. Discussion and Vote: Budget Amendment - Fund Balance 2. Discussion and Vote: Budget Amendments - City Center 3. Discussion and Vote: Budget Transfers 4. Discussion and Vote: Budget Transfers - Payroll & Benefits 5. Discussion and Vote: Budget Transfers - Payroll & Benefits 6. Discussion and Vote: Budget Transfer - Tax Cap 7. Discussion and Vote: 2024 Revised Tax Rates 8. Discussion and Vote: 2022 Water and Sewer Fund Balance Recommendations 9. Discussion and Vote: Resolution to Amend 2024 Adopted Budget 10. Discussion and Vote: Authorization to Reimburse Employee 3085 in the amount of $75.33 PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Position Grade Change for the Water Meter Service Worker 2. Discussion and Vote: Position Grade Change for the Water Meter Service Worker Supervisor 3. Discussion and Vote: Position Grade Change for Water Treatment Plant Operator 4. Discussion and Vote: Position Grade Change for the Chief Water Treatment Plant Operator 5. Discussion and Vote: Position Grade Change for the Senior Electrician PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Authorization to pay invoices to MultiMed 2. Discussion and Vote: Authorization to waive the umbrella coverage for Rebel Metal Structures SUPERVISORS ADJOURN Special City Council Meeting December 28, 2023 December 28, 2023 CITY OF SARATOGA SPRINGS City Council Special City Council Meeting City Council Room 474 Broadway 11:00 A.M. PRESENT: Ron Kim, Mayor Dillon Moran, Commissioner of Accounts Jason Golub, Commissioner of DPW James Montagnino, Commissioner of DPS Minita Sanghvi, Commissioner of Finance STAFF PRESENT: Angela Rella, Deputy Mayor Heather Crocker, Deputy Commissioner of Finance Jason Tetu, Deputy Commissioner of DPS Stacy Connors, Deputy Commissioner of Accounts Joseph O’Neill, Deputy Commissioner of DPW Anthony Izzo, City Attorney CALL TO ORDER Mayor Kim called the Special Council Meeting to order at 11:00 A.M. SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES Jane Weihe White Street, Saratoga Springs stated her concern about the resolution that Commissioner Sanghvi has on her agenda to address the City's violation of the New York State tax cap. Commissioner Sanghvi stated that the Finance Department has been working with the comptroller’s office very closely on this matter. Commissioner Sanghvi explains that this reserve would only happen if the tax was collected, which has not happened yet. Weihe stated a change in the 2023 provisions about the 2024 Budget was discussed and urged the Council to double-check whether the proposed amendment was possible. Weihe stated the resolution was not passed unanimously as stated. Mary Beth Delarm, Saratoga Springs expressed dissatisfaction in the voting process during the passing of the 2024 Budget. Mary Beth suggests including more camera coverage in City meetings for increased transparency and asked the Council to investigate ways to clarify requisite roles and responsibilities. Page 1 of 10 Special City Council Meeting December 28, 2023 Mayor Kim closed the Public Comment at 11:08 A.M. PRESENTATONS CONSENT AGENDA 1. Approve Budget Transfers - City Center 2. Approve Budget Transfers - Regular 3. Approve Budget Transfers- Regular Commissioner Sanghvi moved and Commissioner Moran seconds the approval of the Consent Agenda. Ayes – 5 Nays - 0 Motion Passed. MAYOR’S DEPARTMENT 1. Discussion and Vote: Authorization to Pay Invoice for Code Blue Reimbursements (23-724) Mayor Kim moved and Commissioner Moran seconded the authorization to pay invoice of code blue Reimbursements. Ayes – 5 Nays - 0 Motion Passed. 2. Discussion and Vote: Authorization for Mayor to Sign Contract with RISE for Homeless Shelter Services (23-725) Mayor Kim moved and Commissioner Moran seconded the authorization for the Mayor to sign the contract with RISE for homeless shelter services. Ayes – 5 Nays - 0 Motion Passed. 3. Discussion and Vote: Authorization for Mayor to Sign Contract Extension with Miller, Mannix, Schachner, and Hafner, LLC (23-726) Mayor Kim moved and Commissioner Sanghvi seconded the authorization for the Mayor to sign contract extension with Miller, Mannix, Schachner, and Hafner, LLC Ayes – 5 Nays - 0 Motion Passed. EXECUTIVE SESSION Attorney Tony Izzo informed the City Council that the attorney representing the City on the opioid legislation was on stand-by on the telephone. Page 2 of 10 Special City Council Meeting December 28, 2023 Mayor Kim moved and Commissioner Moran seconded for the Council to go into executive session. Ayes – 5 Nays - 0 Motion Passed. Mayor Kim adjourns the Council Meeting for an executive session at 11:15 A.M. Mayor Kim reconvenes the Council Meeting after an executive session at 11:32 A.M. Mayor Kim Moves and Commissioner Moran seconds to reject the settlement discussed during the executive session. (23-227) Ayes – 5 Nays - 0 Motion Passed. ACCOUNTS DEPARTMENT 1. Award of Bid: Miller Mannix Schachner- Land Use Board Legal Counsel (23-728) Commissioner Moran moved and Mayor Kim seconded the award of bid to Miller Mannix Schachner- Land Use Board Legal Counsel. Ayes – 5 Nays - 0 Motion Passed. 2. Award of Bid: Extension of Bid to RISE Housing & Support Services for Homeless Shelter Services (23-729) Commissioner Moran stated that while negotiating the final contract it was apparent that the cyber coverage expectations needed to be amended. Commissioner Moran discussed using the Master Services Agreement for the agenda software instead as a contract as opposed to the normal contract template and would circulate any documents to the Council before the next Council Meeting. Commissioner Moran moved and Mayor Kim seconds the extension of bid to RISE Housing Support Services for homeless shelter services. Ayes – 5 Nays - 0 Motion Passed. 3. Award of Bid: Short Term Rental Compliance Monitoring (23-730) Commissioner Moran moved and Commissioner Sanghvi seconded the award of bid to short term rental compliance monitoring. Ayes – 5 Nays - 0 Motion Passed. Page 3 of 10 Special City Council Meeting December 28, 2023 FINANCE DEPARTMENT 1. Discussion and Vote: Budget Amendment – Fund Balance (23-731) Commissioner Sanghvi stated she’d like to explain the City’s PILOT program regarding the tax cap. Mayor Kim stated the Commissioner had the item on the Finance Agenda and instead of an open- ended discussion the Council should move the meeting along. Commission Sanghvi begins with item one on the agenda. Commission Sanghvi stated this is an amendment for fund balance lines 1 to 2 accounts of excess fund balance used for short term rental compliance monitoring services. Commissioner Sanghvi moved and Commissioner Moran seconded to approve the Budget Amendment – Fund Balance. Ayes – 5 Nays - 0 Motion Passed. 2. Discussion and Vote: Budget Amendment – City Center (23-732) Commissioner Sanghvi stated these are budget amendments for city center lines 1 to 2 years of restricted funds to cover additional expenses for an event. Commissioner Sanghvi moved and Commissioner Moran seconded to approve the Budget Amendment – City Center. Ayes – 5 Nays - 0 Motion Passed. 3. Discussion and Vote: Budget Transfers (23-733) Commissioner Sanghvi stated these are budget transfers lines 1 – 2 DPW would be to cover Social Security through the end of the year. Commissioner Sanghvi moved and Commissioner Moran seconded to approve the Budget Transfers. Ayes – 5 Nays - 0 Motion Passed. 4. Discussion and Vote: Budget Transfers- Payroll & Benefits (23-734) Commissioner Sanghvi stated these are budget transfers payroll and benefits lines 1 - 2 cover payroll expenses through the end of the year line 7 - 8 City Center to cover expenses through the end of the year. Commissioner Sanghvi moved and Commissioner Moran seconded to approve the Budget Transfers - Payroll and Benefits. Ayes – 5 Nays - 0 Motion Passed. Page 4 of 10 Special City Council Meeting December 28, 2023 5. Discussion and Vote: Budget Transfers- Payroll & Benefits (23-735) Commissioner Sanghvi stated these are budget transfers, payroll and benefits lines 1 to 4 finance and IT to cover payroll expenses. Lines 5 to 8, finance retirement lines 9 to 26 to cover hospitalization lines 27 to 28 and 31 to 32 to cover payroll in the Mayor's Department. Lines 29 to 30 rec center lines 30 to 34. The mayor office 35 to 36. Finance, 37 to 50. DPW lines 51 to 56 and 57 to 62 are Water and Sewer. Also line 63 to 68 is DPW for chips. Commissioner Sanghvi moved and Commissioner Moran seconded to approve the Budget Transfers- Payroll and Benefits. Ayes – 5 Nays - 0 Motion Passed. 6. Discussion and Vote: Budget Transfer – Tax Cap Commissioner Sanghvi stated the City has payment in lieu of taxes “PILOT” programs granted to businesses which have economic impact on the City. Sanghvi stated the City receives all the monies from the PILOT’s and then makes payments to the school district and county for their portion of the monies. Sanghvi stated the 2024 Amended Budget was, in error, the full amount the City received from the PILOT program and had been listed in the financial software. Sanghvi stated as soon as the Finance Department realized the error it had contacted the State’s Comptroller’s Office and the error been corrected with guidance from their tax and legal departments as the best method to correct the error. Sanghvi stated it had been critical the error had been found prior to January 1, 2024, and with the Comptroller’s advice to the Finance Department would be to update the tax cap before January 1. Sanghvi stated the benefit of catching the error now has been that no erroneous bills were issued, or taxes collected on faulty calculation and the Finance Department would not be required to create a reserve. Sanghvi requested City Attorney Tony Izzo to give his opinion. City Attorney Izzo stated he had emailed the Council twice over the weekend on the subject. Izzo stated the law review he’ll be citing is publication one thousand from the New York Stated Department of Tax and Finance, which refers to property tax cap. Izzo stated it to be correct when a budget is more than the New York State Property Tax Cap, General Municipal Law Section 3-c. states it can be overridden but there would need to be a local law. Izzo stated if there is no local law, then the procedure is the excess property money collected would be required to be put into a reserve. Izzo stated that with the help from the Comptroller’s Office, there is no law in the situation where no money had been collected, and that the law is silent on that subject. Izzo stated the Comptroller’s Office does not interpret local Charters and it would be up to the local Charter to decide. Izzo stated an older section of the City Charter, 4.4.8., was a provision which gave the City Council the authority to make a correction by resolution when the Commissioner of Finance has called to the Council’s attention that there are shortfalls and deficits. Izzo stated after discussion with the Comptroller’s Office and Department of Finance the advice had been that the matter needs to be thoroughly documented and the proper manner to rectify the situation before the Council is the one the Finance Department is proposing. Page 5 of 10 Special City Council Meeting December 28, 2023 Commissioner Montagnino asked Attorney Izzo what the connection between the tap cap and the issue in front of the Council was. Izzo stated the property tax cap has a limit in New York State Law and a municipality cannot have a budget that exceeds that limit unless they override ride it by specific local law. Commissioner Golub stated the PILOT numbers would have pushed the budget over the tax cap. Izzo stated the City does not want to override the tax cap, and what is before the Council is the correction of an error. Mayor Kim stated the City Charter is clear and does not allow for the Council to amend the budget in the prior year. Kim stated Izzo was correct in the municipal law, but the Comptroller does not understand the City of Saratoga Springs Charter and the vote needs to be put off. Kim challenged Izzo to tell him he was wrong. Mayor Kim stated to be aghast this issue was before the Council. Mayor Kim stated to have received the memo from Attorney Izzo at 10:37 a.m. and the meeting started at 11:00 a.m. Kim stated the resolution wasn’t circulated to the Council until late in the game. Kim stated the Council may have a vote of three (3), but to do it would be illegal under the City Charter. Kim stated the proper action would be to amend it in 2024. Kim stated the new administration ought to be given the opportunity to weigh in on this issue. Commissioner Sanghvi stated it is not the intent to break laws, but the Finance Department was doing what was recommend by the State Comptroller’s Office which was pass the change before the end of the year so not to create any issues with the tax levy in the new year. Commissioner Golub asked for confirmation the City would not have collected any taxes by the first meeting of January, which would be January 2, 2024. Commissioner Sanghvi replied in the affirmative. Mayor Kim asked how the Council knows they weren’t making another human error. Kim stated there has been no other review. Kim stated former Commissioner John Frank used to state about the Commission was that there were checks and balances. Kim stated no other on the Council has spoken with the Comptroller’s Office outside of the Finance Department. Kim stated that the Council should slow down and let the vote happen in the next City Council. Attorney Izzo stated he would continue with his research. Commissioner Sanghvi asked the Finance Department’s Budget Director whether she foresaw an impact in pushing the vote to January 2, 2024, City Council Meeting. Finance Department Budget Director Donna Woods, stated to feel it could be pushed to the following week and would reach out to the Comptroller’s Office for clarification. Commissioner Sanghvi stated there was no effort on the Finance Department to hide anything from the Council and did not realize the email from the City Attorney had been sent so close in time to the meeting. Sanghvi stated mistakes were made and the Finance Department was trying to work correct the issue with the assistance of the State Comptroller’s Office and City Attorney. Commissioner Sanghvi pulled item #6 from the Finance Department Agenda. 7. Discussion and Vote: 2024 Revised Tax Rates Commissioner Sanghvi pulled item #7 from the Finance Department Agenda. Page 6 of 10 Special City Council Meeting December 28, 2023 8. Discussion and Vote: 2022 Water and Sewer Fund Balance Recommendations (23-736) Commissioner Sanghvi stated that if the residual amount or the unassigned fund balance for the city's water and sewer funds falls below the minimum requirement of 10% for any fiscal year the Commissioner of Finance shall prepare and submit a plan to the City Council to restore that balance. The water fund assigned fund balance as of December 31st, 2022 was $0 and the deficit of unassigned fund balance was $344,547. This represents 0% of the 2023 adopted budget and the sewer fund assigned fund balance for December 31st 2022 was $0 and the deficit of the unassigned fund balance was $567,077. Both balances fall below the minimum requirement of 10%. Commissioner Sanghvi explains the recommendations from both DPW and Finance for the water fund. These recommendations are change the water resolution to include the basic service charge, emergency fee and capital improvement fee to include 649 additional property, use capital reserve to cover principal and interest payments, the third is to ensure the capital reserve fee added to bills are sufficient to cover the cost of debt payments, annual budgets will not call for the use of other types of fund balance to balance the budget until the assigned fund balance falls within the acceptable range and to raise rates. Commissioner Sanghvi explains the recommendations from both DPW and Finance for the sewer fund. These recommendations are use capital reserve to cover principal and interest payments, ensure capital reserve fees added to the bill is sufficient to cover the cost of debt payments, will not call for the use of any other types of fund balance to balance the budget until the assigned fund balance falls within the acceptable range, and raise rate. Commissioner Sanghvi moved and Commissioner Golub seconds to approve the 2022 water and sewer fund balance recommendations. Ayes – 5 Nays - 0 Motion Passed. 9. Discussion and Vote: Resolution to Amend 2024 Adopted Budget Commissioner Sanghvi pulled item #9 from the Finance Department Agenda. 10. Discussion and Vote: Authorization to Reimburse Employee 3085 in the amount of $75.33 (23-737) Commissioner Sanghvi moved and Commissioner Moran seconds to approve the authorization to reimburse employee 3085 in the amount of $75.33. Ayes – 5 Nays - 0 Motion Passed. PUBLIC WORKS DEPARTMENT Commissioner Golub stated the grade changes that follow were voted on and approved at the December 19, 2023, City Council Meeting and approved in the Amended 2024 Budget. Golub stated the positions were brought back to Council for clarity of grade and steps for each employee. Mayor Kim stated most City Hall employees were part of a collective bargaining contract. Kim stated in the two (2) years he’s been in office; those collective bargaining employees have received four (4) raises. Kim stated one of the City Charter duties of the Mayor is to negotiate collective bargaining agreements. Mayor Kim stated the pay upgrades are raises. Kim stated one of the employees’ that had received a grade increase was the City Hall CSEA president. Kim stated a grievance had been Page 7 of 10 Special City Council Meeting December 28, 2023 issued against the employee at CSEA headquarters, because the employee forgot about the Union and people she represented and bargained on her own (behalf). Mayor Kim stated you cannot change the charter with three votes and the issue of pay grade changes could have worked if it had been negotiated with the Mayor. Kim stated he had worked with Commissioner Moran and other Commissioners to negotiate the SSFD contracts. Kim stated the vote is a mistake on a mistake because during the original budget he voted against it, due to the Charter. Kim stated there is not a basis in the passage of the motion that will authorize the payments to employees. See attached. 1. Discussion and Vote: Position Grade Change for the Water Meter Service Worker (23-738) Commissioner Golub stated to have met with the Human Resource and the Finance Departments due to the changes and increase of duties to the position of DPW Water Meter Service Worker and it has been determined the position would move from Grade 6 to Grade 9 effective January 1, 2024. Commissioner Golub moved and Commissioner Sanghvi seconded the position grade change for Water Meter Service Workers from Grade 6 to Grade 9 effective January 1, 2024, with the following Water Meter Service Workers Grade and Step to be: Employee #1240 Grade 9 Step: 10 Employee #3237 Grade: 9 Step: 1 Employee #3334 Grade: 9 Step: 1 Ayes – 4 [Sanghvi, Moran, Golub, Montagnino] Nay – 1 [Kim] Motion passed. 2. Discussion and Vote: Position Grade Change for the Water Meter Service Worker Supervisor (23- 739) Commissioner Golub stated to have met with the Human Resource and the Finance Departments due to the changes and increase of duties to the position of DPW Water Meter Service Worker Supervisor and it has been determined the position would move from Grade 10 to Grade 13 effective January 1, 2024. Commissioner Golub moved and Commissioner Sanghvi seconded the position grade change for the Water Meter Service Worker Supervisor from Grade 10 to Grade 11 with employee #1807 grade and step to be Grade: 13 Step: 4 effective January 1, 2024. Ayes – 4 [Sanghvi, Moran, Golub, Montagnino] Nay – 1 [Kim] Motion passed. 3. Discussion and Vote: Position Grade Change for Water Treatment Plant Operator (23-740) Commissioner Golub stated to have met with the Human Resource and the Finance Departments due to the changes and increase of duties to the position of DPW Water Treatment Plant Operator and it has been determined the position would move from Grade 11 to Grade 12 effective January 1, 2024. Commissioner Golub moved and Commissioner Moran seconded the position grade change for DPW Water Treatment Plant Operator from Grade 11 to Grade 12 effective January 1, 2024, with the following DPW Water Treatment Plant Operators Grade and Step to be: Employee #2538 Grade: 12 Step: 7 Employee #1664 Grade: 12 Step: 9 Page 8 of 10 Special City Council Meeting December 28, 2023 Employee #2444 Grade: 12 Step: 9 Employee #2155 Grade: 12 Step: 9 Employee #2156 Grade: 12 Step: 9 Employee #3128 Grade: 12 Step: 1 Employee #3129 Grade: 12 Step: 1 Ayes – 4 [Sanghvi, Moran, Golub, Montagnino] Nay – 1 [Kim] Motion passed. 4. Discussion and Vote: Position Grade Change for the Chief Water Treatment Plant Operator (23-741) Commissioner Golub stated to have met with the Human Resource and the Finance Departments due to the changes and increase of duties to the position of Chief Water Treatment Plant Operator and it has been determined the position would move from Grade 15 to Grade 16 effective January 1, 2024. Commissioner Golub moved and Commissioner Sanghvi seconded the position grade change for Chief Water Treatment Plant Operator from Grade 15 to Grade 16 with employee #0878 to be Grade 16 Step 4 effective January 1, 2024. Ayes – 4 [Sanghvi, Moran, Golub, Montagnino] Nay – 1 [Kim] Motion passed. 5. Discussion and Vote: Position Grade Change for the Senior Electrician (23-742) Commissioner Golub stated to have met with the Human Resource and the Finance Departments due to the changes and increase of duties to the position of Senior Electrician and it has been determined the position would move from Grade 15 to Grade 16 effective January 1, 2024. Commissioner Golub moved and Commissioner Sanghvi seconded the position grade change for Senior Electrician from Grade 14 to Grade 15 with employee #1708 to be Grade 15 Step 6 effective January 1, 2024. Ayes – 4 [Sanghvi, Moran, Golub, Montagnino] Nay – 1 [Kim] Motion passed. PUBLIC SAFETY DEPARTMENT 1. Discussion and Vote: Authorization to pay invoices to MultiMed (23-743) Commissioner Montagnino moved and Commissioner Sanghvi seconds to approve the authorization to pay invoices to MultiMed. Ayes – 5 Nays - 0 Motion Passed. 2. Discussion and Vote: Authorization to Waive the Umbrella Coverage for Rebel Metal Structures (23- 744) Commissioner Montagnino moved and Commissioner Golub seconds to approve the authorization to waive the umbrella coverage for Rebel Metal Structures. Page 9 of 10 Special City Council Meeting December 28, 2023 Ayes – 5 Nays - 0 Motion Passed. SUPERVISORS No Supervisor presented. ADJOURNMENT Commissioner Sanghvi moved and Commissioner Moran seconded to adjourn the Special City Council Meeting at 12:09 p.m. Ayes - 5 Nays - 0 Motion Passed. Respectfully submitted, Mark Graham and Barbara Brindisi Assistant City Clerk | Accounts Department Office Supervisor Approved: January 16, 2024 Vote: 5 - 0 Page 10 of 10