City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING MINUTES TUESDAY JANUARY 15, 2002 Present: Mayor Kenneth Klotz Commissioner of Finance, Michael Lenz Commissioner of Public Works, Thomas McTygue Commissioner of Public Safety, Thomas Curley Commissioner of Accounts, Stephen Towne Staff Present: Deputy Mayor Hank Kuczynski City Attorney Jeffrey Wait Deputy Commissioner Christine Gillmett-Brown Deputy Commissioner Bruce Brown Deputy Commissioner Robert King Deputy Commissioner Deborah Harper Also Present: Supervisor Phil Klein Supervisor Anthony Scirocco CALL TO ORDER Mayor Kenneth Klotz called the meeting to order at 7 pm. MAYOR'S DEPARTMENT Recreation Department: Approval of Part Time Seasonal Increases (02-015) Linda Terricola, Recreation Director, requested an increase of the starting salary for Ice Rink Skate Guards from the current $6.00 per hour to $7.00 per hour during the week. She said that for all ice rink staff on weekends, Saturdays and Sundays, she would like a 50-cent per hour shift differential. She said that this has been approved by the Recreation Commission at their November 15, 2001 meeting. She said that she would like to increase the rate of pay for Youth Basketball Officials for the girls and boys program ages 7 to 12 from ten dollars per game to fifteen dollars per game and when an official works alone, they would be paid twenty dollars per game. She said that the Recreation Commission has had a difficult time finding people to fill these positions at the existing rates. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to increase the fees for the starting salary for part time Ice Rink staff, the weekend Ice Rink staff and for the Youth Basketball Officials effective January 19, 2002 as presented. Ayes all Announce State of the City Address Mayor Klotz announced that his State of the City address is scheduled for Sunday, January 27 at 1:00 PM at the Sheraton. City Council meeting minutes January 15, 2002 Property Transfer: Brust Property – Weibel Avenue (02-016) City Attorney Jeff Wait said that in 1995, when the City capped the Landfill, it encroached upon three acres of the Brust property on the corner of Weibel and Lake Avenues. He said that there have been ongoing discussions between the counsel for Mr. Brust, the City Attorney and the Real Estate Committee. The City Engineer did an informal survey so they know the extent of the encroachment and have confirmed that it is about three acres. He said that the Real Estate Committee recommended exchanging a parcel owned by the City on the corner of Weibel and Lake Avenues for the three acres that were encroached upon. He said that the parcel will be extended out to Weibel Avenue and widened to abut the encroachment, and after these adjustments are made the adjusted parcel would be deeded over to the Brust estate. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to approve the property transfer regarding the Brust estate as described and presented by the City Attorney. Commissioner Towne said that the parcel of land that the City is conveying is smaller but seems to be a more valuable piece of land than the land that was encroached upon and City Attorney Wait confirmed this as the reason for the Real Estate Committee’s recommendation. Ayes all Approve Grant Application: Gilbert Road/Weibel Avenue Master Plan (02-017) City Planner, Geoff Bornemann said that the Capital District Transportation Committee has a grant program available to local communities to study transportation and land use linkages called Community Transportation Linkage Program. He said that they are applying to do a master plan for the Gilbert Road and Weibel Avenue area. He said that this area is a high priority in the City’s recently adopted Comprehensive Plan that said there should be intensive study in the area of the lower part of Weibel Avenue and its extension into the Gilbert Road area. He said that there is a lot of pressure for development in this area and the zoning is currently low-density. He said there is concern about the intersection and road alignment around Weibel and Gilbert Road and there are major traffic concerns in this area. He said that in long range, the City wants to do a community charette or a workshop with a lot of community and property owner involvement in the whole process. He said that they are looking for authorization for the mayor to sign a grant application for this and they are working to put together a draft scope of services and it is estimated that the amount of the grant to be applied for will not exceed $25,000. He said that there is a 25% local match for this program and the current proposal is not to ask the council for this match, but instead to solicit the funds from the individual property owners most affected by the proposed study to contribute towards the local match. Geoff Bornemann said this is a very competitive grant. Geoff Bornemann said that the project is going to be implemented by a consultant and the match will be a cash match contributed by property owners most affected by the project. He said that they need $6,000 and he thinks they can get it. He said that the date of submission is January 22, and if they do not have the letters of commitment to the local cash match by these property owners, there will be no application submitted. Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to authorize the Mayor to sign the grant application to the Community Transportation Linkage Program as presented. Ayes all Page 2 of 13 City Council meeting minutes January 15, 2002 Presentation: Saratoga County Chamber of Commerce Respite Program Mayor Klotz presented the President of the Saratoga County Chamber of Commerce, Joe Dalton, with a check in the amount of $1020 which was collected from the employees in City Hall for the respite program. Joe Dalton expressed his appreciation and thanks and he commented that he anticipates close to 200 members of the Fire and Police Departments of New York City that were involved in rescue and recovery efforts at the WTC disaster will be brought up to Saratoga Springs for a respite of three days and nights with all expenses paid. He said that with all the generous donations, they have been able to increase the numbers far beyond their original expectations.. Discussion: Public Meeting on VLTs Mayor Klotz said that in regards to the desire to have a public meeting in the City of Saratoga Springs on the subject of the VLT proposal that is the result of State legislation, and needs the approval of the Saratoga County Board of Supervisors. Supervisor Phil Klein sand Supervisor Skip Scirocco aid that there is a public meeting scheduled in Ballston Spa at the County Solar on January 23 at 5 PM. They said that they would also like to schedule a meeting on January 29 in Saratoga Springs, hopefully at the City Center since it could easily accommodate the large number of people anticipated. AT the request of the council the Supervisors agreed to schedule the meeting in the evening around 6:30 or 7 PM to accommodate working people, and all members of the County Board of supervisors are going to be invited to attend. They said that the County Board of Supervisors are going to be voting on the issue of VLTs at their meeting on February 13. Announcement: Recreation Commission Member Tim Brown Named to Golf Hall of Fame Mayor Klotz announced that Tim Brown, a member of the City’s Recreation Committee has been named to the National Golf Coaches’ Hall of Fame. He will be inducted on January 23 in Florida. Mayor Klotz said that this is an honor for Tim Brown and the City of Saratoga Springs. Proclamation: Jaycee Week January 20 - 26 Mayor Klotz announced that he would be putting together a proclamation for the Greater Saratoga Springs Jaycees in recognition of National Jaycee week, which is the week of January 20 through January 26, 2002. He said that the Jaycees are a leadership and community organization for young adults and this group has done helped out with many projects and events in Saratoga Springs. ACCOUNTS DEPARTMENT Approval of January 1 and January 2, 2002 City Council Minutes Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the City Council minutes for the January 1 and January 2, 2002 City Council meetings. Ayes all Page 3 of 13 City Council meeting minutes January 15, 2002 Authorization for the Mayor to sign 2002-2003 SARA Grant Application for Microfilming (02-018) Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded for the authorization for the Mayor to sign for submission of the 2002-2003 State Archives and Records Administration grant application for a microfilming project. He said that this is a competitive, non-matching grant program and the application will be for an amount close to $23,000 for microfilming services, and a microfilm cabinet and a microfilm reader/printer for the Finance Office. Ayes all Award of RFP – West Avenue Fire Station Window Replacements (02-019) Upon the recommendation of the Engineering Department and on behalf of the Public Safety Department, Commissioner Stephen Towne moved and Mayor Kenneth Klotz seconded to award the RFP for the West Avenue Fire Station window replacements to Allerdice Glass and Mirror of Saratoga Springs in the amount of $10,640. He said that this was the only proposal received of the six that were sent out. Ayes all Approval of Extension of contracts for Gear Oil, Vehicle Filters and Motor Oil (02-020) Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded to extend contract 2001-06 for gear oil to R.H. Crown Company; contract 2001-07 for vehicle filters to Spa Automotive Supply and contract 2001-08 for motor oil to RH Crown Company each under the same terms and conditions ending January 11, 2003. Ayes all Approval to amend Lewis and Greer Contract (02-021) Commissioner Towne said that a contract with Lewis and Greer for the litigation of the Niagara Mohawk certiorari was approved at the August 21, 2001 City Council meeting for an amount stated as between three and five thousand dollars. He said that the contract amount was amended on November 20, 2001 by $13,379.39 and again on January 2, 2002 for an additional $2,668. Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded for City Council approval to amend the contract for an additional amount of $2,836.00 to finalize their services for 2001. He said this payment would be included on the accounts payable warrant of February 5, 2002. He said that he is currently in discussion with Lewis and Greer about extending their contract into 2002. Ayes all Executive Session: Certiorari Cases Commissioner Towne requested an executive session to discuss a certiorari case. Page 4 of 13 City Council meeting minutes January 15, 2002 Set Public Hearing for Proposed Frank Sullivan Zoning District Commissioner Towne set a public hearing on the Frank Sullivan Place zoning district for February 19 at 6:40 PM. Geoff Bornemann said that there must be thirty days from the date that the council approved sending the proposal to the City and County Planning Boards for review to when the City Council votes on the issue. He said that the time frame of this public hearing is in compliance with the requirements. Set Public Hearing: Proposed Taxi Ordinance Commissioner Towne set a public hearing for the proposed local law number 1 of 2002 to amend Chapter 215 of the City Code entitled “Taxicabs” for February 5 at 6:45 PM. FINANCE DEPARTMENT Approve Payrolls Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded to approve the payroll for 01/04/02 in the amount of $ 248,599.55 and for 01/11/02 in the amount of $320,850.36. Ayes all Approve Warrants Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the following warrants: 4DEC01 – Warrant 2 – 20 General Fund $ 88,606.42 City Center Authority 5,176.34 Water Fund 554.49 Sewer Fund 214.07 Capital Projects Fund 60,936.83 Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development 467.03 Total Warrant $ 155,955.18 Ayes all 2JAN02– WARRANT 2 - 5 General Fund $ 232,216.58 City Center Authority 23,712.22 Water Fund 5,755.09 Page 5 of 13 City Council meeting minutes January 15, 2002 Sewer Fund 3,236.11 Capital Project -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development -0- Total Warrant $ 264,920.00 Ayes all MC020109– WARRANT 2 - 3 General Fund $ 1,217.52 City Center Authority -0- Water Fund 1,244.79 Sewer Fund 1,334.37 Capital Project -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development -0- Total Warrant $ 3,796.68 Ayes all MC010109 – WARRANT 2 - 3 General Fund $ 36,875.92 City Center Authority -0- Water Fund 3,932.24 Sewer Fund 185.50 Capital Project -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development $ 31.21 Total Warrant $ 41,024.87 Ayes all MC010902 – WARRANT 2 General Fund $ 248,893.00 City Center Authority -0- Water Fund -0- Sewer Fund -0- Capital Project -0- Special Assessment District -0- Trust Fund -0- Page 6 of 13 City Council meeting minutes January 15, 2002 Debt Service -0- Community Development -0- Total Warrant $ 248,893.00 Ayes all Approve Budget Amendments Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the budget amendments as distributed. Ayes all Approve Budget Transfers Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the budget transfers as distributed. Ayes all Executive Session: Litigation Commissioner Lenz requested an executive session for the purposes of discussing a matter of pending litigation. Approve 2002 Bond Resolution (02-022) Commissioner Lenz said that the bond resolution to be approved was circulated to council members on January 11. He said that the resolution includes $350,000.00 for sanitary sewer and storm water carriers in the Bensonhurst Avenue and Newton Avenue area, $180,000.00 for South Broadway Construction Improvements, and $30,000.00 for the acquisition of a rapid response vehicle. The sanitary sewer and storm water carriers in the Bensonhurst Avenue and Newton Avenue area and the South Broadway Construction Improvements were approved in the 2002 capital budget. In the 2001 capital budget and the 2001 Bond Resolution, $60,000.00 was approved for one rapid response vehicle. Due to a change in pricing, one rapid response vehicle cost only $30,000.00 and DPS wanted to purchase two. The Bond Counsel said that there would need to be an additional resolution for the second vehicle because only one vehicle was approved, even though the dollar amount was not exceeded. Commissioner Michael Lenz moved and Commissioner Stephen Towne seconded for approval of the bond resolution dated January 15, 2002. Commissioner Curley said that this type of vehicle could be used for more jobs within the department. He said that the second vehicle is a high priority and would be replacing a very old vehicle. He said that the two vehicles would be used on the front line as responders. Commissioner Lenz said that since the approval of the bond resolution requires a 4/5 vote, a roll call is recommended. Commissioner Towne Aye Commissioner Lenz Aye Commissioner McTygue Aye Commissioner Curley Aye Mayor Klotz Aye Page 7 of 13 City Council meeting minutes January 15, 2002 PUBLIC WORKS DEPARTMENT Raise Salary for Court Cleaner (02-023) Commissioner McTygue said that presently, the DPW is only allowed to pay part time laborers at the rate of $9.50 per hour. He said that they have had difficulty finding someone to clean the courtroom and the City Court Offices for that sum of money. He said he would like to increase the hourly rate of the Court Janitor from $9.50 to $12.75 per hour effective Monday, January 14. He said this is a part-time position, twenty hours per week and the City Court reimburses DPW for all expenses incurred. Commissioner Lenz mentioned that the ceiling was raised for part time employees to $10.50 per hour, so the City Council may have to raise the ceiling again to accommodate this increase. He said that raising the ceiling does not mean that all part time employees have to be paid at the higher rate, it is just the maximum rate that part timers employed by the City can be paid. Commissioner McTygue commented that this is one position, reimbursed by the City Court. Mayor Klotz recommended voting on the issue and having the City Attorney check into the situation to determine whether the council would have to approve a raise of the ceiling for part timers again. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to raise the hourly rate for the part time City Court Janitor from $9.50 to $12.75 per hour at twenty hours per week effective Monday January 14, 2002. He said the City Court reimburses these wages. Ayes all Request for Transfer from Landfill Closure (02-024) Commissioner McTygue said that in order to pay for costs incurred for the testing of the landfill that is mandated by the Department of Environmental Conservation, and the attorney fees associated with the case, council approval for a transfer is required. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded for council approval to transfer $15,000 from the landfill closure account into the Spring Brook Run Capital account number H-361-8174- 54729-1042. Commissioner McTygue said that he is confident that before too long this matter shall be resolved. He said that DPW has put a proposal back to the DEC and are awaiting their decisions. He said that this money is for testing of the Spring Book mandated by the DEC and for Attorneys related to the lawsuit against the City. Commissioner McTygue explained that the City was reimbursed on the closure of the landfill and there are separate funds and now he is asking for council approval to transfer $15,000 of those funds to cover the cost of the testing and the attorney fees. In response to Commissioner Towne’s question on how long this testing process will continue, City Engineer Paul Male said that originally, it was to continue for five years, and right now it has been going on for three years and the testing is quarterly. He said that they are requesting that it be cut back to semi-annually or annually depending on the results because methane gas had at one time migrated across Weibel Avenue, but now it has retreated back to the landfill. Ayes all Page 8 of 13 City Council meeting minutes January 15, 2002 Discussion: Abandoned Houses in City Commissioner McTygue said that there are several properties to be discussed. and City Code Inspector Dan Cogan is here to update the council on the status of each of properties. 49 Granite Street: (02-025) Commissioner McTygue said the City now owns this parcel. He said that the DPW has cleaned up the property, cleared away the bushes and debris, and asked representatives from the Engineering Department to examine the building. He said they recommend that the building should be demolished, but that there appears to be asbestos in the structure, so testing and subsequent abatement would probably be necessary. Dan Cogan said that the County has a standing contract with a company that tests for asbestos and County DPW Coordinator Joe Ritchie is permitting the City to use their rate structure and the testing company, Test-Well, concurs which should save the City money on the testing fees. He said that a similar project earlier in the year cost about $500, so he does not anticipate the testing to be costly. He explained that since this house was sided twice, paper under both layers of siding would have to be tested and this material is suspected to contain asbestos. He said he has to make an appointment for the testing after some preliminary work is done in coordination with the City’s DPW and the current comptroller of the estate must remove the contents of the house prior to the testing to keep the costs of the testing down. He said that if the tests are positive, the asbestos would have to be abated and asbestos abatement can be anywhere form six to ten thousand dollars depending on how much is discovered. He said that after the asbestos is abated, the City could then proceed to demolish the property. Commissioner McTygue said they would like to keep this process going but that there is no account for care of City properties, and he would like Commissioner Lenz to set up an account for this type of thins that DPW could draw on. He said he has an idea to develop this piece of property and put an affordable home on it that would fit into this neighborhood. He said that he would like to discuss this idea with any of the Commissioners, and that it is an opportunity that since the City acquired this property in a nice neighborhood, rather than simply selling the property, they could construct an affordable home that fits with the others in this neighborhood, and call it one of the City’s first truly affordable homes. He said he has already been contacted by some residents in the neighborhood that do architectural work who would work with DPW to design a home to fit in this neighborhood. He said that the home would be sold in an affordable range. He said he does not want to go through Community Development because of the amount of restrictions throughout the process. He said that the buyer would have to be a resident of the City of Saratoga Springs, such as a young professional, or a couple with limited annual income of about fifty or sixty thousand dollars, who desire a starter home in a good, safe neighborhood. He said they could purchase the home, through perhaps a lottery qualification process, and must be required to live in the home for at least five years. He said that this would be a great pilot project to show other areas that this is one way to deal with the issue of affordable homes. He said he wants to speak with the Affordable Housing Coalition and the Northside Civic Association regarding this potential project. Commissioner McTygue said that this is an additional responsibility for his department and that there is a lot of legwork involved that he is willing to do. He said that DPW can do the electrical work, the trim work and the painting but the other 75% of the work could be farmed out to local contractors, Page 9 of 13 City Council meeting minutes January 15, 2002 keeping the expenses down. He said that with the City in the role of general contractor, he anticipates recovering all of the invested money through the sale. Mayor Klotz said that there are auctions of City acquired property regularly. Commissioner Lenz said there is a “Sale of Real Property” line but this pertains to revenue and there is no money until an auction is held. Commissioner Lenz said he anticipates an auction this spring, which would result in revenue in that line. Commissioner McTygue said the only thing he wants to move along on is the asbestos situation because it could take awhile and a lot of money could be saved using the DPW trucks and labor to haul the demotion debris away, which they have time to do in the winter. Dan Cogan commented that this building is an unsafe structure and there is a lot of liability here and nothing can be done until the testing and abatement process is completed. He said the process takes a month if it goes smoothly. Commissioner McTygue said that there is time to come back to the council but at the same time they will put some figures together on the cost of disposing of the entire building. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded for council approval of an amount not to exceed $1,000 for asbestos testing for the home on 49 Granite Street. Dan Cogan said that the testing takes about a week then a test booklet with the results is received, then bids are sought from abatement contractors. He said that a certified company must abate asbestos and then trucked by a certified company, a process that may take several weeks. He said that when the asbestos is no longer on the site, the City DPW is qualified to remove the rest of the structure and dispose of it. Commissioner Lenz said that he anticipates having an auction sometime in March or April, so revenues would be coming into that “Sale of Real Property” line so a revolving program of funds coming in as they are going out could begin. Commissioner McTygue said that as long as he gets a commitment from the City Council to work with DPW on this, they would like to proceed, and if DPW were able demolish the property in late February or early March the bills might not come in until late March, but they would pay for them out of their own money as long as these line items are eventually reimbursed. Commissioner Curley said that the time frame of the process depends on the procedure because the most dangerous aspect of asbestos is when it is being removed and being broken down from the product it is made into and it has to be certified once it has been removed. Dan Cogan said that the City usually brings these costs back to the home owner, but in this case, the City is the owner and costs for asbestos abatement can be as much as $30,000. He said that neither the Department of Public Safety nor the Department of Public Works has any money in their budget for this because it is a cost usually absorbed by the homeowner. Ayes all Commissioner Towne said that conceptually it is a very good idea and he wants to give some thought to it and seems to be a worthwhile effort to do something a little different. Mayor Klotz said that although there has been some success dealing with the block grant program, he understands the desire to get away from the limitations and restrictions of the process. Page 10 of 13 City Council meeting minutes January 15, 2002 195 Division Street: Commissioner McTygue said that they nothing has been done with this property this scenario has been continuing for several years. Dan Cogan said that the last time he discussed this property with the estate counsel, he asked him to coordinate between the demolition contractor that was in place and the abatement contractor. He said that the City arranged the abatement contractor for him and it was expected that the house would be removed last November and this has not happened. He said that the City has the right to remove this property but they are trying to avoid that procedure. Commissioner McTygue said that this has been going on for over a year and it is time to take action. Commissioner Curley said that the only thing holding up the process now is the signed contract for the asbestos abatement. Commissioner McTygue said that City employees have spent hours trying to get this process underway when it is the responsibility of the counsel for the estate. He said that a date should be set to establish a time frame and mandate that action be taken because neighbors have had to live with this situation too long. Commissioner Curley said that he does not want to see the hard work of the Code Enforcers and others wasted. He said he wants to find out how long the counsel is going to be out of state, and take a final effort to bring that negotiation to conclusion so that the process does not get derailed. Commissioner McTygue said that at the next council meeting he would like to ask the council to allow the City Attorney to start the process that would allow the City to proceed with the demotion of this property. He said that the counsel for the estate has been dragging everyone along and the Code Enforcers have more important things to do than to be spending hours on this situation. City Attorney Jeff Wait said that the administrative proceedings commenced in May of 2001 and they set a date by which the building had to be demolished. He said that at this point the work of the Code Enforcer would not have gone to waste because everything is lined up to do this work, and the only question is going to pay for the work. He said that if the City Council were to go ahead and authorize this work to be done the situation would be similar to Granite Street in that the City would be responsible for the payment. He said that since the City does not own this property, the estate administrator could be given the bill for payment and if the bill was not paid, the City could put a tax lien on the property and recoup the money if the taxes were paid, and if the taxes were not paid, then the City could foreclose on the property, become the owner, sell the lot and then recoup the funds. Mayor Klotz said that the council should wait until the next council meeting and if there is no progress, the City should proceed. Commissioner Curley said that this would be appropriate and if they can get the representative to pay the bills it would be an easier and cleaner process for the City. Dan Cogan said the counsel said he is willing to pay all these bills. He said that if the counsel for the estate did not commit to finishing the process, it would cost the City around thirty three thousand dollars to complete it. 2 Gridley Avenue: Code Enforcer Dan Cogan said the owners of 2 Gridley Avenue were in court about six weeks ago and protested that they wanted to leave the building there. He said that it is an unsafe structure and he has since met with the owner, explained this and she now agrees. He said he gave her two weeks to demolish the building and ultimately it will be removed. Commissioner Curley commended the hard work that Dan Cogan and Kevin Veitch do. He said they go further than required and they do they accomplish a lot. Page 11 of 13 City Council meeting minutes January 15, 2002 PUBLIC SAFETY DEPARTMENT New Fire Department Engine Status: Commissioner Curley said as an update to the council, that the new fire truck is in and is in the process of being compartmentized and outfitted and based on the information he has, the truck should be delivered and operational some time in February. Fire Stations Repairs Status Commissioner Curley said that they are going forward with the overhaul and repair of the windows and exterior parts of the Lake Avenue Fire House, and with the onset of winter they are not able to complete the actual paint work that is involved with the windows, but when the weather breaks, this will be completed. He said that they are moving forward with the work that has to be approved by the NYS Parks and Recreation and that they when the weather stops being a problem with the repairs and mortar work, they hope to have all the approvals in place from the NYS Parks and Rec. He said that at the West Side Firehouse, they are getting the fifteen windows replaced to make the building more secure and to make it more efficient to heat. He said they hope to move on to some of the other problems that the building has. He said this work could be done during the winter. Purchasing Policies Commissioner Curley thanked Commissioner Towne and Deputy Commissioner Harper for working with the Department of Public Safety and Deputy Commissioner King. He said that because since there is a lot of purchases within the two biggest departments of the City, a lot of nooks and crannies within the new purchasing policy involved with minor purchases are turning out to be partial nightmares in how the staff members are required to spend their time. He appreciated the work that is happening to iron out some of the wrinkles to make it a smoother process. He said that the new policy might have relieved a lot of voting at the table, but it has increased the amount of labor intensive handling that goes on. He said that emergencies always seem to happen on weekends and holidays, and the new policy is restrictive in regards to being able to solve the little emergencies quickly. Commissioner Towne said that when the Purchasing Policy was passed, the intent was that it is the equivalent of a living document that would require some changes and could be changed as often as necessary. He said that Deputy Commissioner Harper met with the other Deputy Commissioners to get some ideas on how best to take this Purchasing Policy document and make it workable within reason without losing control of the purchasing process that would be applicable to each of the various departments. He thanked the members of the council for making their deputies available to participate so that adjustments can be made to make it a workable document. Authorization for Mayor to Sign Agreement with Dunkin' Donuts to Provide Prisoner Meals (02- 026) Commissioner Curley said that the Police Department is obligated to provide prisoners meals while they are in jail here, and they want to enter into an agreement with Dunkin Donuts to provide meals Page 12 of 13 City Council meeting minutes January 15, 2002 for the prisoners as needed. He said this is an ongoing contract. Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to authorize the Mayor to sign an agreement with Dunkin' Donuts to provide prisoner meals for a cost not to exceed three dollars per meal. Ayes all EXECUTIVE SESSION Commissioner Thomas Curley moved and Commissioner Stephen Towne seconded for the council to go to executive session to discuss a certiorari case and pending litigation. Ayes all RECONVENE FROM EXECUTIVE SESSION Mayor Klotz called the City Council meeting back to order at 8:43 PM. Certiorari Case – Accounts (02-027) Commissioner Stephen Towne moved and Commissioner Michael Lenz seconded to approve the settlement of the certiorari case involving the Rip Van Dam and related properties at the terms discussed in executive session. Ayes all Pending Litigation – Finance (02-028) Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to hire Attorney Richard Mullaney at the rate of $130 per hour for the purpose of services related to the process of closing on the City Center. Ayes all ADJOURNMENT Commissioner Thomas McTygue moved and Commissioner Michael Lenz seconded to adjourn the meeting at 8:45 PM . Ayes all Respectfully Submitted, Nancy Wagner Clerk Adopted: February 5, 2002 Page 13 of 13