City Council
Regular MeetingSaratoga Springs, NY · March 20, 2001
Minutes
CITY COUNCIL MEETING
CITY OF SARATOGA SPRINGS, NEW YORK
TUESDAY, MARCH 20, 2001
CITY COUNCIL ROOM
7:00 P.M.
P R E S E N T: Thomas Curley, Commissioner, Public Safety
Kenneth Klotz, Mayor
Michael Lenz, Commissioner, Finance
Thomas McTygue, Commissioner, Public Works
Bernard Mirling, Commissioner, Accounts
A L S O P R E S E N T : Phillip Klein, Board of Supervisors Representative
Anthony Scirocco, Board of Supervisors Representative
STAFF PRESENT: Bruce Brown, Deputy Commissioner, Public Works
Christine Gillmett-Brown, Deputy Commissioner, Finance
Carol Kennedy, Deputy Commissioner, Accounts
Robert King, Deputy Commissioner, Public Safety
Jeffrey Wait, City Attorney
PRIVILEGE OF THE FLOOR
Skip Carlson, Saratoga Harness Inc. representative, said he would like to clarify with the Council
the proposed amendment to their application. He said there has been a permitted use for a hotel
for quite some time, however, one of the Planning Board members made a request that it be
withdrawn. He said they do not wish to withdraw that use. He said Geoff Bornemann, City Planner,
suggested the definition of this use be clarified and that is what they are now requesting. He said
they are requesting that there be meeting rooms allowed for business and conferences. He
respectfully requested that the Council accept this proposed modification and refer it to the City
and County Planning Boards for advisory opinions.
MAYOR=S OFFICE
Appearance B Harvey Fox Charter Review Commission
Harvey Fox and Chris Whann, members of the Charter Review Commission, appeared before the
Council to update them on their progress to date. Harvey Fox reminded Council members in July
2000 the Mayor appointed this committee of 11 members and they have met more than 30 times
since their appointment. He said the Commission was charged with examining the charter line by
line and to make recommendations to the citizens of Saratoga Springs.
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Harvey Fox said the existing charter was authored in 1915. He said there are only two remaining
governments with this type of charter still in existence in New York State. He said much has
happened since 1915 and it is time to review the charter. He said the Commission has taken
testimony from many past and current local officials, local government experts, representatives
of the City’s seven unions, the public, etc,. and they will now begin to craft a document based on
their findings. He said the final document would be submitted at least 60 days prior to the ballot.
Harvey Fox reminded Council members that the Council initially approved a budget of $40,800 with
$15,000 allocated last year and $26,500 this year. He said last year the Commission spent
$9,000 and to date this year approximately $3,000 has been spent. He reminded Council
members that a fact sheet was distributed to nearly 13,000 households last November. He said
in January of this year a random survey of 624 registered voters was done. He said 33 percent
of those individuals participated in this survey. He said the survey was completed by Dr. Denise
Polit, Vice Chair of the Commission. He said the cost of that survey would have been approximately
$10,000, however, Dr. Polit waived her fee. He pointed out to Council members that the survey was
only one tool that would assist the Commission members in crafting their final document.
Harvey Fox said the Commission is attempting to identify problems and fashion a solution by
crafting new language for the charter. He said one issue researched was partisan/nonpartisan
elections. He said that issue was researched because of concerns about access to the ballot. He
said, though, that after their research it was determined it would not be possible to return to
nonpartisan due to state election law. He said the Commission is now striving to eliminate the
archaic, obsolete language while at the same time giving better definition and clarity. He said they
would also like to promote long range planning.
Chris Whann said the Commission has made a concerted effort to listen to the public, experts and
local officials. He said the Commission will now try to respond to the items that people have
identified as concerns. He said the Commission would like to “tune up” the charter by eliminating
some of the confusion and giving better clarity. He said they would like to give the elected officials
the tools and resources to more effectively do their jobs.
Chris Whann said the Commission must complete their work by Labor Day. He said a subcommittee
of the Charter Review Commission is now meeting to begin drafting the proposed modifications.
He said they plan to have a rough draft completed by about mid-May. He said they hoped to have
a final draft by available by mid-July, which would allow for feedback and a final copy by Labor Day.
Mayor Kenneth Klotz asked if there was a legal process to get this document on the ballot. Chris
Whann said the Commission will craft the charter themselves and Assistant City Attorney Tony
Izzo and Barbara Samel, attorney, will review the document for conformance to state law. He
informed Council members that Barbara Samel is an attorney who previously worked for NYCOM
and has drafted charters for many communities. He said her expertise in this area would be
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valuable. He said the Commission will rely on both of those attorneys to be assured that the
document is in accord with state law.
Mayor Kenneth Klotz thanked both Harvey Fox and Chris Whann for their presentation.
Recreation Department B Report
John Irving said the Recreation Commission has been working on a procedure manual and hoped
to have a completed manual for Council members by the first Council meeting in April. He said it
is clear that the Recreation Department is dependent on several offices throughout the City (Civil
Service, Finance, Accounts, etc.) and this manual would assist staff in those areas.
Mayor Kenneth Klotz said he would like to see regular reports, perhaps monthly, to the Council
from the Commission. He pointed out that the City has not yet formally responded to the
comptroller’s report. He said this is just the beginning of positive reporting by the Recreation
Department.
Linda Terricola said she and Bob Spratt, Recreation Commission member, will meet with Christine
Gillmett-Brown on finance reporting. She said they are striving for consistency between the two
departments.
Linda Terricola said summer registration is going quite well and she again thanked Commissioner
Thomas McTygue and his staff for the renovations at her office and the field house. She said
registration will end on March 31 for Lacrosse and soccer while the summer clinics and Camp
Saradac registration will end at the end of April. She said programs such as basketball are winding
down and the Weibel Avenue Ice Rick will close on April 9 and reopen in June.
Mayor Kenneth Klotz asked about the annual report. Linda Terricola said she would bring the
annual report forward at the same time they brought the policy and procedure manual. She
reminded Council members that the annual report is brought forth each year.
Sexual Harassment Policy (01-034)
Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to adopt the sexual
harassment policy as presented (Attachment A).
Brad Birge said this revised policy updates procedures, provides for two fair practice officers,
defines what constitutes sexual harassment, provides for a better complaint procedure and also
gives more direction and clarity.
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Commissioner Thomas McTygue asked if there could be a seminar for employees on this policy. He
said simply adopting this policy did not guarantee that the message was heard. Brad Birge said
the first step would be to distribute the policy and agreed the next step would be training. He said
there are a variety of organizations that could provide such training. Commissioner Bernard
Mirling said we need to pursue training.
Ayes all.
Community Development Block Grant Proposal -- set public hearing
Brad Birge said each year the City receives an entitlement grant and this year the City received
$463,000 in federal funding and another $125,000 is available from reprogrammed funds. He said
18 applications were received requesting a total of nearly $900,000. He said the committee has
met several times, held two public hearings and has forwarded their recommendations onto the
Council for funding. He requested a public hearing be set for April 3, with a public comment period
to follow and formal adoption of the recommendations at the May 1 meeting.
Hank Kuczinski, CDBG member, introduced members of the Committee and reviewed the
recommendations (Attachment B).
Mayor Kenneth Klotz thanked members of the committee for their time and recommendations.
It was agreed a public hearing would be set for Tuesday, April 3 at 6:45 p.m.
Executive Session
Mayor Kenneth Klotz requested an executive session to discuss a labor issue. Council members
agreed.
Appointments (01-035)
Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to appoint the following
individuals to the City Center Authority Board: Gordon Boyd, Christel McLean and Mary Ann Barker
Ayes all.
Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to appoint Joanne White
to the Assessment Review Board. Ayes all.
Mayor Kenneth Klotz announced the appointment of Suzie Kerr to the Sister Cities Committee.
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West Avenue Betterments (01-036)
Mayor Kenneth Klotz said last year the City was asked to make a final decision on the West Avenue
road widening project which had been under development for six to seven years. He said at that
time the City needed to determine whether we wanted to be involved with infrastructure
improvements. He said the road widening project itself is estimated at about $4 million. He said
this was a difficult package to put together, however, through DPW, Engineering and DOT a project
and cost was set. He said this project was then approved in principal by the Council. He reminded
Council members that this project is managed totally by DOT.
Mayor Kenneth Klotz said DOT has now proposed some modifications to this project and said that
the Council needs to consider and approve those modifications.
Paul Male, said two memos were distributed to Council members explaining the modifications. He
said the changes included are: change order#1 for modifications to the storm sewer pipe size
(total cost to the City $64,308 of which the City would be reimbursed $25,775) and change order
#2 modification in the variable message board (total cost to the City is $29,418 of which the City
will be reimbursed $22,063).
Paul Male explained that DOT has now determined that the initial estimations in connection with
the storm sewer pipe size has changed and needs to be increased. He said 400 feet of water main
pipe line needs to be increased from 4 inches to 8 inches. He said there is also a change to the
variable message board (the wrong one was initially included).
Paul Male reminded Council members that the cost of this project would be shared with the West
Avenue Special Assessment District. Mayor Kenneth Klotz said the total dollar amount of these
change orders is small compared to the overall total cost of the project ($5 million). Paul Male
said the total overall cost was about $5.7 million of which the City’s share is about $1.2.
Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve the change
orders as presented by Paul Male.
Commissioner Thomas McTygue said the original contract had a water line all the way down Station
Lane and the City negotiated for a reduction in pipe size and elimination of some of the pipe. Paul
Male said the line from West Avenue to the pump station was always included. He said the water
line goes back along Station Lane about 200 feet.
Commissioner Michael Lenz clarified that this proposal tonight was more than what the City
bonded. He said he would approve this request this evening, however, it was likely that another bond
resolution would be required. He said he would return to the Council at a later date with
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recommendations. Paul Male said there could potentially be additional change orders for traffic
signal devices and rock work. Commissioner Michael Lenz agreed the total dollar amount of these
change orders is small in comparison to the whole project.
Commissioner Thomas McTygue asked if the West Avenue Special Assessment District had been
established. Paul Male said he, Deputy Commissioner Christine Gillmett-Brown and Matthew Jones
would meet on Friday to discuss the district.
Matthew Jones, member of the West Avenue Special Assessment District, said the board has met
once and will meet again on April 4. He said on Friday, they will review the assessment roll and in
the near future they will know which properties are part of the district. He said they will also return
with a proposal on sharing the cost. He said they hoped to return to the Council in June. Mayor
Kenneth Klotz said if that was so, their budget could be adopted by the Council in November and
the City could begin collecting that money in January 2002
Ayes all.
Saratoga Harness, Inc.
Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to accept the proposed
amendment for study and send it to the City and County Planning Boards for advisory opinions.
Ayes all.
Joe Dalton, Saratoga County Chamber of Commerce, from the audience asked if this proposed
change would alter the original language. Mayor Kenneth Klotz said this is a modification to the
original definition. Joe Dalton said the Chamber supports the Harness Track, however, they were
quite concerned with any modification which would include a hotel at this location. Mayor Kenneth
Klotz said they have simply accepted this modification for study and referred it to the two planning
boards. He said there would be an opportunity for public comment at the City Council April 17
meeting. Joe Dalton said this is a major concern for the Chamber.
ACCOUNTS DEPARTMENT
Approval of February 20 City Council meeting minutes
Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to approve the February
20 meeting minutes. Ayes all.
Approval of March 6 City Council meeting minutes
Commissioner Bernard Mirling moved and Commissioner Thomas Curley seconded to approve the
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March 6 City Council meeting minutes. Ayes all.
Award of Bid -- Water & Sewer Bill Stock Forms
Upon the recommendation of the Department of Public Works, Commissioner Bernard Mirling
moved and Commissioner Thomas McTygue seconded to award the bid for water and sewer bill
forms to Business Forms of Hudson, NY (low bidder). Ayes all.
Extension of Bid B Tree Removal
Commissioner Bernard Mirling reported that per the request of DPW, this item is withdrawn from
discussion.
Voting Machine Agreement with Library (01-037)
Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to authorize the Mayor
to sign the contract with the Saratoga Springs Public Library which allows them to borrow three
voting machines on April 12. Ayes all.
FINANCE DEPARTMENT
Payroll
Commissioner Michael Lenz moved and Commissioner Bernard Mirling seconded to approve the
following payrolls: March 9, 2001B$325,346.11 and March 16, 2001 B $301,846.00. Ayes all.
Warrants
Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded for the approval and
payment of the 2MAR01 #2 through #25 as follows:
General Fund $ 140,317.39
City Center Authority 58,479.75
Water Fund 25,905.25
Sewer Fund 602.62
Capital Projects Fund 1,031.68
Special Assessment District 175.00
Trust Fund -0-
Debt Service -0-
Community Development 4,075.80
TOTAL $ 230,587.49
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and MC030701 #2 as follows:
General Fund $ 4,425.84
City Center Authority -0-
Water Fund -0-
Sewer Fund -0-
Capital Projects Fund -0-
Special Assessment District -0-
Trust Fund -0-
Debt Service -0-
Community Development -0-
TOTAL $ 4,425.84
and MC010314 #2 through 6 as follows:
General Fund $ 49,412.60
City Center Authority 2,270.46
Water Fund 14,497.45
Sewer Fund 228.72
Capital Projects Fund -0-
Special Assessment District -0-
Trust Fund -0-
Debt Service -0-
Community Development -0-
TOTAL $ 66,409.23
Ayes all.
Budget Amendments
Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the budget
amendments as presented (Attachment C). Ayes all.
Financial Reports B January 31 & February 28, 2001
Commissioner Michael Lenz distributed the January 31 & February 28, 2001 monthly financial
reports. He said while it is early in the year, the figures are falling within targeted amounts.
Mayor Kenneth Klotz asked when the books would be closed for 2000. Commissioner Michael Lenz
said the auditors were in today reviewing the City’s materials. He said the books would be closed
by about mid-April.
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DEPARTMENT OF PUBLIC WORKS
Development Meeting
Commissioner Thomas McTygue said he would like a meeting set up to discuss the east of the
Northway issues. He said it appears that things are moving rather quickly in that area and it was
time for the Council to talk to the property owners about their concerns and ideas. He said there
are some properties in that area that are on the fast track and it appears that the
Comprehensive Review Plan Committee is entertaining the idea of those changes. He said there has
been concern expressed about density and the proposed new zoning. He said along Meadowbrook
Road and Dyer Switch Road the zoning currently allows for 50 units while the new proposal is for
up to 200 units. He said there has also been some discussion for an office park at exit 14 as well
as the new proposal for development at exit 15. He said it is time for the Council to discuss this
issue with the residents.
Commissioner Thomas McTygue also suggested that the Council meet with residents in the Marion
Avenue area. He said the Council needs to determine what is acceptable t the neighbors in that
area. He said it is not necessarily a residential area and perhaps some light commercial should be
considered, but nothing such as a strip mall.
Mayor Kenneth Klotz suggested that perhaps he and Commissioner Thomas McTygue meet with
the Marion Avenue neighbors.
Mayor Kenneth Klotz said the Comprehensive Review Plan is working on final recommendations and
the Council will then make the final decision. He agreed it would be good for the Council to talk to
the property owners and agreed that he would set up a meeting and invite the Council to discuss,
informally, the concerns of those neighbors.
Waive of Bid -- Casino Foundation
Commissioner Thomas McTygue moved and Commissioner Michael Lenz seconded to waive the bid
to Ryan Biggs in an amount not to exceed $1,800 for foundation work at the Casino. He said this
is part of the capital budget. Ayes all.
85 Beekman Street
Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to approve an additional
$10,000 for misc. work to finish the project at 85 Beekman Street. He said initially this project
was funded with $10,000 from Community Development and $12,855 from contingency. He
reminded Council members that this parcel would be sold and the money would be paid back to the
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City through that sale. He said the parcel would go on the market in about eight to ten weeks.
Commissioner Thomas McTygue suggested that perhaps the Real Estate Committee establish a
price.
Brad Birge said since some of the funding came from Community Development there would be
income limitation on applicants.
Commissioner Michael Lenz asked if a local realtor could be used. Brad Birge said yes.
Commissioner Thomas McTygue requested that Jeff Wait, City Attorney, discuss this issue with
the Real Estate Committee and come back to the next Council with suggestions.
Ayes all.
Appointments (01-038)
Commissioner Thomas McTygue announced the appointments of William McTygue as Director,
Utilities Department at Grade 16 with a starting salary of $61,000; Bruce Brown as Deputy
Commissioner; and Art Carnelve as Building and Grounds Supervisor effective March 20, 2001.
Commissioner Thomas McTygue said because these employees were switching unions it was agreed
they would carry over their vacation, sick and longevity; however their personal days would be
prorated.
Commissioner Michael Lenz thanked his staff for their hard work on this very complicated issue.
Ayes all.
Waive of Bid B Pre-Cast Curbs
Commissioner Thomas McTygue said the City put this item out to bid, however, there were no
bidders. Therefore, Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to
waive the bid to The Fort Miller Company at $8/straight lineal foot and $11/radius curbing lineal foot.
Ayes all.
Dump Truck -- noncontract options
Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to confirm the previous
approval by memo for non contract options for dump trucks to International Truck & Engine
Corporation in the amount of $6,482. Ayes all.
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Water Storage Tank B Geyser Industrial Park (01-039)
Commissioner Thomas McTygue said the Engineering Department has been developing plans for the
water storage tank in Geyser Industrial Park. He reminded Council members that some funding
would be received from the County for this project and another $1 million from the state through
Senator Bruno’s office. He said the total cost for the tower and pumping station is about $2.6
million. He said there is a shortfall of about $925,000.
Rick Straut, Barton & Loguidice, said he had been working with both DPW and Engineering on this
project. He said the Jobs 2000 grant programs is a grant program that can tie into the
improvements for new water and sewer infrastructure at the industrial park. He said it is their
recommendation that the sewer improvements and the water tower be a package project. He said
there has been water pressure problems for several years in this area and a water tower would
stabilize the water pressure. He said there is a financial assistance business program for which
applications are due by April 25 and as part of that application process, plans and specifications
must be included. He said they are currently working on the plans with engineering and the cost
for
for Barton & Loguidice to prepare these plans and application is $54,500. He said that $54,500
would also include some necessary equipment that would owned by the City.
Mayor Kenneth Klotz asked if this funding was state or federal. Rick Straut said it=s a state
program which is handled through the Environmental Facility Corporation. Mayor Kenneth Klotz
asked how much could the City apply for. Rick Straut said up to 75 percent of the total project
could be sought. He said because the City already has so much of the funding in place, he thought
that this application would be looked upon favorably. Mayor Kenneth Klotz asked about the time
table. Rick Straut said the application and SEQR must be submitted by April 25. Mayor Kenneth
Klotz asked when a decision would be made. Rick Straut said he was not sure.
Phil Klein, City’s representative to the County Board of Supervisors, said the County’s portion of
the funding ($325,000) was dependent upon the involved companies guaranteeing a certain
amount of jobs. He said the language of that contract has not been finalized. He said until the
County has a signed contract, he cannot make a formal request to the necessary committee and
Board. Phil Klein also reminded Council members that it was very likely that the City would receive
approximately $400,000 from the County during the summer as a one time payment. He said the
County would like to see some of that money go towards this project. Mayor Kenneth Klotz said
the City has already designated $325,000 from its capital budget for this project.
Jeff Wait said he has been working on the contract with the County, Ball and Quadgraphics. He
said Ball has no intention of participating. He said the contract is still in draft form and he is
awaiting comments from the County and Quadgraphics. He said Quadgraphics has intentions of
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expanding its workforce, therefore, the contract would not likely be a problem with them. Phil Klein
said he would like a copy of this contract.
Paul Male said that he recently received a telephone call from a cell phone carrier who might be
interested in giving the City some up front funds to help build the tower.
Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to authorize the City
to enter into a contract with Barton & Loguidice in the amount of $54,000, which also includes
$2,500 for pressure monitoring equipment that will be owned by the City. Commissioner Thomas
McTygue said the funds were available in the sewer account.
Commissioner Thomas McTygue asked Phil Klein if the City was in jeopardy of obtaining the funds
from the County. Phil Klein said a resolution was adopted in a committee meeting last May to give
these funds to the City, however, the County had thought this project would have happened
sooner. He said he now needs to get the votes together to make this request before the Law and
Finance Committee. He said the Economic Development Committee adopted this resolution last
Mayor and, although there were no guarantees, he was confident that they would reapprove the
proposal.
Commissioner Michael Lenz asked about the time frame. Phil Klein said the fastest this could be
moved forward through the County would be 60 days from the date the contract is signed. Phil
Klein said the County supports this project.
Commissioner Thomas McTygue said the pumps have been ordered and will be here soon. Mayor
Kenneth Klotz said there appears to be a simple cash flow problem at this point. Phil Klein said he
would move this request along as quickly as possible through the County.
Ayes all.
DEPARTMENT OF PUBLIC SAFETY
Waive of Bid B Children’s Car Seats
Commissioner Thomas Curley moved and Commissioner Bernard Mirling seconded to waive the bid
for 55 car seats from Evenflow in the amount of $1,919. He said this would be funded through a
grant program. Ayes all.
Traffic Signal Discussion (VanDam/Clinton Streets & Broadway & Spring Street)
Commissioner Thomas Curley said due to decaying poles at the intersection of VanDam & Clinton
Streets, the traffic lights had to be removed. He said there are some safety concerns at this
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intersection now due to the lack of a traffic signal. He said his department has some of the
supplies needed to do some of the work, however, he needs $20,000 for the poles and bases.
Commissioner Thomas Curley moved and Commissioner Michael Lenz seconded to approve $20,000
from contingency to do repair work at the intersection of Clinton & Van Dam Streets for traffic
signal work. Mayor Kenneth Klotz asked if Commissioner Thomas Curley could temporarily fund
this project through his department. Commissioner Thomas Curley said no.
Ayes all.
Commissioner Thomas Curley said he wanted to make Council members aware that there is a
problem with the traffic signal at Broadway and Spring Street. He said the poles have been pulled
back as much as possible but the traffic signals are still somewhat low. He said they anticipate
some work on this intersection through the Congress Park PUD project and they also have a
grant for 21 traffic signal project. He said he simply wanted to make Council members aware that
there is some concern at this intersection.
Mayor Kenneth Klotz asked if some of the traffic signal improvement money could be used for the
VanDam/Clinton Streets project. Commissioner Thomas Curley said the bid must be completed
first.
Truck Inspection Station (01-040)
Commissioner Thomas Curley said he has identified some land on Marion Avenue (former gas
station) and has tentatively worked out an agreement for a 12 month lease in order to allow the
City to set up a truck inspection station. He said he had spoken to Jeff Wait and he will draw up
a lease agreement and would bring back to the Council. He said he hoped to have this truck
inspection station up and running in about 60 days. He also said by April there would be two
additional police officers who would have their higher certifications by that time.
Commissioner Thomas Curley moved and Commissioner Michael Lenz seconded to authorize the
Mayor to sign a contract, contingent upon the City Attorney’s review, for the lease of the land on
Marion Avenue for a truck inspection station in the amount of $7,000. Ayes all.
EXECUTIVE SESSION
Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to adjourn to executive
session at 8:40 p.m. Ayes all. Council members returned at 9:00 p.m.
Labor Contract (01-041)
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Commissioner Thomas McTygue moved Mayor Kenneth Klotz seconded to approve the transfer of
$30,000 from the contingency fund to the labor account to settle a law suit. Ayes all.
ADJOURNMENT
Commissioner Bernard Mirling moved and Commissioner Michael Lenz seconded to adjourn the
meeting at 9:00 p.m. Ayes all. There being no further business, Mayor Kenneth Klotz adjourned
the meeting at 9:00 p.m.
Respectfully submitted,
Kathy Moran
Clerk
Approved:
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