City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING MINUTES TUESDAY MARCH 5, 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 E. 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 PUBLIC HEARING Local Law #1 of 2002, to Amend Chapter 215 of the City Code: Taxicabs Mayor Klotz opened the public hearing on the taxi law at 6:45 PM. Assistant City Attorney Tony Izzo said that one of the changes in this version of the local law was the taxi zones, which consist of a series of concentric circles emanating from the core zone 1, the Broadway district that includes Skidmore, progressing west through zone four and east including zones 5 through 7. He explained that the rates have increased: the downtown district rate is three dollars. He said that it was pointed out to him tonight that the law would have to be altered slightly to make it entirely gender neutral, and with the council’s permission upon finalizing the law to be sent down to the Department of State, there are about 14 places where it needs to be changed to render it gender neutral. Tony Izzo explained that the rate from the left-hand side of the map to the right hand side of the map, from zone 4 to zone 7 is $9.25. Mayor Klotz asked about the change in the issue of mandating specific colors for cabs and Tony Izzo said that in this version of the law, references to color have been deleted, although cab companies are required under the authority of the Commissioner of Accounts to have their cabs clearly marked with the company name and phone number. He said that any reference to requiring that all cabs of a particular company be painted the same color, or references to ordering a cab to be painted a particular color have been deleted from this version. Larry Kupper, President of Saratoga Taxi said he fully supports this proposed legislation and appreciates all the help from the City Council, specifically the help from Commissioner Towne and Deputy Commissioner Deborah Harper. He said that it is exactly two years since the taxi companies requested a rate increase, and it took the former commissioner 21 months without a rate increase. He said it took Commissioner Towne two months to work on legislation that needed a lot of work and he City Council meeting minutes March 5, 2002 really appreciates it. He said that this legislation is very good, and there are still one or two issues like dividers in the cabs, but on the whole, a great job was done, and compromises were reached. Phil Diamond of 29 Waterview Drive, Saratoga Springs said that he has been a member of the taxi committee and for the record he wants it known that approximately 87% of the work of this committee was done under Commissioner Ben Mirling. He said that the taxi committee approves the current version of this proposed local law. Seeing that no one else wished to speak on the Local Law #1 on Taxicabs, Mayor Klotz closed the public hearing at 7:51 PM Street Name – Israel Lane Mayor Klotz opened the Public Hearing on naming a street in the Franklin Square area, Israel Lane, at 6:55 PM. Commissioner McTygue said that he had a request for developer Bob Israel in reference to naming a private street running from Division Street to Washington Street, with 100 feet on City Property. He said that a request is being made by Bob Israel to name this street Israel Lane. He said that a public hearing needs to be held to see if there is any objection to the naming of this street, Israel Lane. Seeing that no one wished to speak on this issue, Mayor Klotz closed the public hearing at 6:55. Adoption Water & Sewer Rates Mayor Klotz opened the public hearing on the adoption of the water and sewer rates at 6:58 pm. Commissioner McTygue said that he will be requesting the adoption of the water and sewer rates for this year. He said that there is no increase of water rates this year, but there will be an increase in the sewer rates. He said that the increase is due to the sewer rates that have been imposed on the City by the Saratoga County Sewer District. He said that the City has no control over this other than the fact that they went down and objected to the increase and held meetings on the subject. He said that the actual increase on the subject was 38% but the City absorbed some of the increase and reduced it to 24%. He said that the minimum charge for water this year is $20.30. . He said that the minimum charge for sewer is $48.20 this year. He said that he is proud to say that the City has one of the lowest minimum charges for water in the state. He said he does not know how long he can continue to say this since investments are going to have to be made to seek out a new water source. He said that the City has maintained control over its water and the rates have not increased, but the County has control over the City’s sewer, and the rate has nearly doubled. Tom Torgesen of 258 Caroline Street asked three questions, the first of which is whether there is a relationship between the West Avenue Project and the increase in the sewer rates. His second question is, has a cash flow analysis of the outflow of dollars from the City into the West Avenue Project been done? His third question is has a cash flow analysis of the inflow of money to local tax payers getting job on the West Avenue project as discussed when the project was approved, been done? Commissioner McTygue said he could only answer the first question because that is the only one that relates to the topic of the public hearing, which are the water and sewer rates. He said that the other Page 2 of 20 City Council meeting minutes March 5, 2002 questions relate to the West Avenue project. He said the answer is no, there is no correlation between the increase in sewer rates and the West Avenue project. Seeing that no one else wished to speak on the matter, Mayor Klotz closed the public hearing on the adoption of the water and sewer rates at 7:02 PM CALL TO ORDER Mayor Kenneth Klotz called the meeting to order at 7:15 PM. PRIVILEGE OF THE FLOOR Mayor Klotz introduced Gary Smith of 791 North Broadway, Saratoga Springs to speak on behalf of the Board of the Saratoga County Arts Council under the “Privilege of the Floor”. Mr. Smith said that without the dedication, passion and endless work of the director, Dee Sarno, the Saratoga County Arts Council as it is known today would not exist. He said that the Saratoga County Arts Council has been located in the old Public Library under a lease with the City since 1996. He said that lease has some important financial terms, the rent being the most important tonight. He said that the rent called for in the lease is a $30,000 annual rent. He said that the Arts Council has paid that every year that they have been in the building. He said that last year the City Council gave them a grant, which offset the cost of that rent and they are grateful to have had it. He said that also in their lease agreement is the obligation to pay $23,500 annually into a capital reserve account to be used for structural and other maintenance and improvements. He said a total of $235,000 is to be paid into that account over the life of the lease, which is ten years, and they have committed almost all of that already. He said that the Arts Council has spent $227,500 out of that $235,000 obligation. They have put in four handicap-accessible restrooms, handicap-accessible entrance doors, paid for the elevator installation at a cost of $115,000, and air conditioning work for $19,000. He said that they have put $47,000 into the account and out of that the City has paid for asbestos removal, installing a new furnace, some roofing, painting and other repair work. He said that there is now a balance in that fund of $12,898 for future work that will have to be done. Mr. Smith said that in addition to the $227,000 that they have already spent, the Arts Council put in another $225,000 worth of capital improvements to the building to make it suitable for the Arts Center to use. He said that when the building was occupied by the Saratoga Springs Public Library, their rent amount was one dollar per year. He said that they spent the $225,000 of funds raised by the Arts Council converting the space, renovating the entire upper level of the building to include new offices, performing space, gallery space, carpeting, and electrical updates. He said that they also pay all of the maintenance and all the utilities on the building, and they pay $1500 per year to the Department of Public Works for snow removal. He said that the bottom line is that they have transformed this old library into a wonderful resource for arts for the community and it has not cost the City a dime. He said that the arts center building is used in a variety of ways to serve the community and to draw people into downtown Saratoga Springs. He said that there are art classes and workshops in that building almost constantly. He said there were 800 students in classes last year with 90 teachers, and 40% of those students came from Saratoga Springs but 60% came from outside the City, which means Page 3 of 20 City Council meeting minutes March 5, 2002 that people are coming in and spending time in Saratoga Springs and when they spend time, they spend money. He said that they have gallery openings and gallery shows almost constantly in the building and last year over 6000 people visited their gallery exhibits. He said another big draw is the Arts Center Theatre where more than 6500 people attended events last year. He said that there were more than 300 artists, in 12 to 15 different venues exhibiting their work. He said that there are many important activities in Arts and Education, authors reading their works, and other such activities that the Arts Council supports and runs out of that building. He said that the Art and Education residencies that they sponsor distributed $14,000 to schools in the county last year that allowed more than 3000 students to experience an artist in their classroom. He said that the annual Art in the Park Program that attracts over two thousand people who come to see over 70 different artists exhibiting in the park over a weekend each summer. He said they also sponsor an “Art in Public Places” program that has given over 160 artists the chance to show their work at 11 different sites around the county. He said that research indicates there are other Cities with Arts Councils and five that are in City-owned buildings who pay no rent including Jamaica Arts Center, the East End Arts Council, Rome Arts Center, Smithtown Arts Center and the Lake George Arts Project. He said that there are other cities where the arts councils are in their own building, but they get a substantial contribution from the City where they are located. He said that these include the Adirondack Lake Center for the Arts, the Hudson Opera House, the Arts Center, the Kirkland Arts Center, and Lake Placid Center for the Arts. Saratoga County Arts Council would like to see the lease amended to either eliminate rent or to reduce it to a nominal sum. He said that they would remain responsible for the upkeep of the building and for any improvements that it requires, but they would like the obligation of rent, which hangs over everything else they do, to be removed from them. He said that this is a defining moment for the City and an opportunity for the City to express its support for the arts, the Arts Council and all that the Arts Council does to support the financial well being of downtown and uplift the spirit of Saratoga Springs. At Gary Smith’s request a show of hands indicated over 30 people in the audience on behalf of SCAC. ACCOUNTS DEPARTMENT Approval: Local Law #1 of 2002, Taxicabs (02-064) Commissioner Stephen E. Towne moved and Commissioner Thomas Curley seconded for council approval of the Local Law number 1 of 2002 to amend Chapter 215 of the City Code entitled “Taxicabs” subject to the Assistant City Attorney rendering the document gender neutral. Mayor Klotz thanked the Taxi Committee who worked long and hard through many meetings to bring the ordinance to this point. He thanked Commissioner Mirling who grasped this difficult task that had not been approached in ten years and brought it nearly to completion. Commissioner Towne said that there had been some concern that committee members would not be allowed to see the process to its fruition, but that they have done what they set out to do in light of Commissioner Mirling’s three objectives: To update and streamline the fare process, strike a balance on fairness, and to improve safety aspects. He said he appreciates the committee and thanked them for their hard work including Gail Capobianco, Max Cohen, Phil Diamond, Libby Evans, Cindy Hollowood, Bob Kelly, Phil Klein, Juan Martinez, and Lou Schneider. He thanked Assistant City Attorney Tony Izzo for his advice and patience during the revision process. He also thanked the members of his staff for their hard work and assistance throughout the procedure including Debbie Harper, Nancy Wagner, Gloria Battaglini and Sheila Brooks. Ayes all Page 4 of 20 City Council meeting minutes March 5, 2002 MAYOR'S DEPARTMENT Proclamations: Erin Porter and Amy Peterson (02-050) Mayor Klotz commented on the reception held at City Hall to honor the City’s two Olympians, Erin Porter and Amy Peterson. He said that a proclamation was separately issued to each skater, but he read the proclamations as one: WHEREAS, the Olympic Games have always set an uncompromising standard for those who choose to pursue the ultimate in athletic competition. Olympians are far more than just outstanding athletes. They are people who have made a clear and definite commitment to being counted among the very best in the world, and WHEREAS, Erin Porter and Amy Peterson, members of our Saratoga Springs community, have participated with honor and distinction in the 2002 Salt Lake City Winter Olympic Games, and have conducted themselves according to the highest standard of competitive speedskating, NOW, THEREFORE, I Kenneth Klotz, Mayor of the City of Saratoga Springs am proud to congratulate Erin Porter and Amy Peterson on their world-class achievement, and to express the pride this city has in them and in their commitment to excellence. Mayor Klotz said that the girls’ coach, Pat Maxwell was also honored at the reception. Commissioner McTygue said that the Saratoga Winter Club and its activities are exceptional. He commented that the City built an Olympic sized rink for events such as short-track speedskating, Nationals, and other competitions which bring some of the best skaters from all over the country, many of whom end up participating in the Olympic Games. Mayor Klotz said that this is not only an honor for the athletes, but for the program as well. Commissioner Towne commented that there have been Olympic and National champion speedskaters from this area for the last thirty to forty years. Commissioner Curley said that in light of what has been happening in the world, it was refreshing to be able to watch the winter Olympics this year and even more exciting to realize that two individuals from this area were participating in the games. He said that the reception was a nice thing to put together and he thanked the members of the community who attended. Vote: Contract – Mayor’s City Center Task Force (02-051) Mayor Klotz said that Gordon Boyd, chairman of the City Center Task Force on the City Center Authority upgrade plans, has made a proposal to engage Bast Hatfield as a consultant. Gordon Boyd said that the task force has been meeting since December and has set out as its mission to develop a plan and an RFP that the City could issue for the development of the parcel immediately behind City Hall, bounded by Lake, High Rock, and Maple Avenues. He said that some of the potential uses of that property which he hope would level some financial juice into the expansion plans of the City Center, could include expanded area for the City Center to occupy, augmented parking and possibly commercial development. He said they are presently engaged in brain storming to establish a plan of action. He said that when a final plan is brought before the council later this year for consideration, there should be a lively market of interested developers. He said that the task force felt that it would be extremely helpful throughout this process if they had the expertise of a consultant that is engaged in construction and development planning. He said that Bast Hatfield made an unsolicited proposal to the task force, to perform that function in support of the work of the task force. He said that they thought Page 5 of 20 City Council meeting minutes March 5, 2002 that this would be helpful, and any developer selected by the council to move ahead with any plans would be required to pay Bast Hatfield up to $25,000. He said that there would be no cost to the tax payer for the consultant and no impact for this on the City’s budget. He said that the memorandum of understanding provides for this and for the tasks that they expect to ask Bast Hatfield to perform. He said he thinks that they would be helpful as the task force develops a professional, market-ready proposal for the council to consider. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded for City Council approval of the Memorandum of Understanding prepared by the City Attorney, to enlist the services of Bast Hatfield for the purpose described by Gordon Boyd. Gordon Boyd explained that the RFP would be issued and it would be a requirement for the developers to agree that if they were selected, initially they would have to pay the $25,000 to Bast Hatfield. Mayor Klotz said that in essence, this is not costing the City any money, it is engaging the services of a firm that might or might not be involved at a later stage. Ayes all Vote: Labor Contract (02-052) Mayor Klotz said that Poklemba, Hobbs, & Ulasewicz have been the City’s labor counsel for the last two years, and the City has operated under a contract with them since 2000. He said that there are some modifications to the agreement for the year 2002. City Attorney Jeff Wait said that the contract is similar to the prior contracts. There are three components to the contract: 1) The firm continues to provide labor services at its hourly rate as described in the contract. 2) A retainer of $500 per month would be paid for regularly available labor services and advice on labor matters that may arise. He said that these services that are frequently used. 3) If the City Council were to retain the firm for other types of litigation, although there is no obligation to do so, there is a set fee schedule in place in advance. Mayor Kenneth Klotz moved and Commissioner Stephen E. Towne seconded to approve the contract for Poklemba, Hobbs & Ulasewicz for the year 2002 as presented. City Attorney Wait said that the contract does not obligate the City in any way to have to retain the firm for outside litigation purposes. City Attorney Jeff Wait said and Commissioner Curley confirmed that the departments that have a large number of employees, Public Works and Public Safety, use the retainer services of the firm frequently. Commissioner Towne asked for the reason that the cap for labor relation services has almost doubled since the previous contract, and City Attorney Wait said that the cap was established two years ago in anticipation that the services would not exceed it, and they did not anticipate the amount of time needed and used by the firm for the labor negotiations last year. He said that since the cap was exceeded last year and the firm agreed to discount its bill, but a motion should be made for payment of the remaining amount due. Mayor Klotz asked for a vote on the 2002 contract. Ayes all Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded for council approval to pay $4,661.55 to Poklemba, Hobbs & Ulasewicz for additional expenses incurred for labor services over the cap of 2001 from the 2002 budget, with any additional amount over what is currently there coming from contingency. City Attorney Jeff Wait said that they had lots of difficulty negotiating the contract last year and had to spend more time than anticipated. Commissioner Lenz said that this payment has to come out of the 2002 budget. Ayes all Page 6 of 20 City Council meeting minutes March 5, 2002 Confirmation of Approval by Memo: Olympians (02-054) Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded for ratification of a previous approval by memo for the expenses incurred for the reception held on March 4 honoring the local Olympians . Ayes all Approval for Transfer to Memorial Day Allowance for Flags (02-055) Mayor Klotz said that this is technically not a transfer because they do not have the money in the budget for it. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded for council approval to take $325.50 from contingency for the unanticipated increase in the cost of flags. Mayor Klotz said that the cost for these has gone up in recent months. Ayes all Approve Amendment to Arts Council Contract (02-056) (tabled) Mayor Klotz said this item concerns the Arts Council and he wants to make two motions, the first having to do with the year 2002 and the budget and revenue of that year, and if that is approved, the other motion would be to waive the rent for the duration of the contract. He said that this is on the agenda because Commissioner Lenz said that he thought the rent should be charged to the SCAC and directed Commissioner Towne to do so, siting it as a possible revenue source of the 2002 budget. Mayor Klotz said that it is his view that since the council approved the 2002 budget last November with the expressed revelation that this revenue not be anticipated, it superseded the contract for that year. In order to clarify that this was the intention of the council, Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to amend the City’s contract with the Saratoga County Arts Council to waive the rental payment for 2002. Mayor Klotz said he is concerned about the precedent that might be set if the council moves from a decision about the budget made the previous year in the following year steps back in subsequent months and tampers with or changes that. He said that it creates a serious burden for a small not-for- profit organization if they cannot count on what they thought they could anticipate form the council. He said that these organizations establish their budgets and go by the decisions that the council makes in November. Commissioner Towne said that he reviewed the council minutes, reviewed the minutes of the budget process and has not found wording to express that it was the intent, understanding or agreement of the council (to waive the rent). He said that there is a deep level of commitment and support for the Arts Council. Mayor Klotz said that the budget proposal that was approved 4-1 by the council on November 20 expressly deleted the amount of the rent for this building and that was described to the council at the time it was presented for a vote. Commissioner Towne said that that if the Mayor is trying to guess the intent of the council on a contractual change, there is no verbalized intent unless a vote is taken. He said that he is not so sure that a vote on the budget is intended to be accepted as a decision of the council on all underlying amendments of a contractual nature that underlie that budget. Mayor Klotz said that this discussion is unnecessary since the motion was made to see what the council intends in regard to the SCAC rental agreement. Commissioner Lenz said that this situation is unfortunate, but he wants everyone to understand that they all know the importance and value of the Arts Council to this community. He said that the Page 7 of 20 City Council meeting minutes March 5, 2002 council’s vote on the budget removed a revenue line from the City’s 2002 budget that was related directly to the rent that the Arts Council pays. He said that this vote does not preclude the SCAC from its contractual obligation, and the only way they can accomplish that is for the council to vote to amend or rescind the City’s contractual agreement with the Arts Council. He does not believe that legally this can be accomplished by just a budget vote. He said that he understands that the Mayor had this intent and the Arts Council had this understanding, and has made budgetary assumptions based on the information they were given. He said that it appears that the information was not completely correct and this issue must be addressed because now the Arts Council has to pay the City rent that they have not budgeted for. He said that another more serious issue is the relationship of the Arts Council with the City for the remainder of the Arts Council lease and beyond, because in 2006, he hopes that the SCAC would want to remain in this building and that the City would want them to. He said that the City now has an obligation to step up and address both the long range and the short-range problems are now facing the County Arts Council. Commissioner Curley said that he supports the Arts Council and he does not want the Arts Council put in a position where they need to look for $30,000 that they did not anticipate spending for rent. He said that he would like to offer an option to sit down with the SCAC to look for alternate methods of funding, and look at the long range plan for a way that has less impact on the Arts Council and also would not negatively impact the City Council. He offered his services to take care of the immediate concerns and maybe do some long-range planning as well. Mayor Klotz said that it has been noted that this is a County organization, so any regular reliable help that the organization could get from the County might be one partial solution to this problem. Commissioner Towne said it would make sense if Commissioner Curley is willing to take this leadership role and assist the Arts Council in this manner. Mayor Klotz reiterated the motion that was on the table. Commissioner Curley said he wants to wait, have discussion and meet first. He thinks it would be appropriate to table the motion at this time. Discussion followed as to whether the motion on the table should be voted on or tabled. Mayor Klotz said that the Arts Council has been waiting on this decision for some time, and for years they have been concerned with the demands that the rental obligation has on their budget. He said he wanted to move on this issue tonight because the council has an obligation to the people here to make a decision about this. Commissioner McTygue said that the council has a duty to take care of , a responsibility to make a decision here tonight one way or another so these people know where they stand. Commissioner Curley said he is prepared to meet with Dee Sarno or a representative of the Arts Council as immediately as possible and should be bringing results of that meeting to the council at the next council meeting. Commissioner Lenz said that if this particular motion were to be tabled for a particular length of time, the Arts Council should be of the understanding that although the City would continue to send them a bill, there would be no obligation at this point on the part of the Arts Council to pay those bills subsequent to the City arriving at a resolution on this issue. Mayor Klotz refused to withdraw his motion. Commissioner Thomas Curley moved and Commissioner Stephen E. Towne seconded to table the motion made by Mayor Klotz to amend the rent agreement. A roll call vote was taken: Commissioner Towne - Aye Commissioner Lenz - Aye Commissioner McTygue Nay Page 8 of 20 City Council meeting minutes March 5, 2002 Commissioner Curley Aye Mayor Klotz Nay Motion to table passes 3 – 2. Mayor Klotz said that he expects and anticipates Commissioner Curley’s work with the SCAC to be discussed at the next council meeting. Direct Finance Commissioner to Amend the Budget Regarding Overdue Zoning Consultant Bill Mayor Klotz said that in December the council approved a contract for a zoning consultant. He said that at the time of this approval he indicated that there is no money in the budget to pay this contract. Since then, there has been ongoing discussion and now there is an overdue bill that has not been paid. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded for council approval to amend the budget to take this money from fund balance and that the Finance Commissioner be directed to pay the overdue bill for the zoning consultant. Mayor Klotz said that the work of the zoning consultant is important and a necessary follow up to the approval of the Comprehensive Plan and it is critical that it proceeds. He said that the City should be willing to abide by its contracts. He said that if the council does not support this motion, it would leave a firm waiting for payment that has a legitimate contract with the City and has every reason to believe it would get paid for the work. This would set a very dangerous precedent for future firms intending to do business with the City and regarding the City’s credit rating. Commissioner Lenz said that one of the reasons why there has been some delay with this procedure is the source of funding. He said there has never been a question as to whether the bill would be paid, just a question as to the source of funding. He said that no source of funding was included in that motion at the time. He said that information provided to his office that is related to surplus utilization and with regard to the paying of that bill he intends to discuss and resolve this issue on his agenda under “Surplus Utilization”. Commissioner Michael Lenz moved and Commissioner Stephen E. Towne seconded to table the motion to direct the Finance Commissioner pay the overdue bill of the zoning consultant. A roll call vote was taken. Commissioner Towne Aye Commissioner Lenz Aye Commissioner McTygue Nay Commissioner Curley Aye Mayor Klotz Nay Motion to table passes 3 -2 Vote: Ball #1 and Ball #2 Pump Station Installations (02-057) City Engineer Paul Male said that almost a year ago the council agreed to hire Swartout Construction to install the two wet wells, pumps and associated infrastructure at the two pump station sites. He said that there was a change order needed for the project which consisted of picking up the two wet wells from the Fort Miller Company for $1600.00 and for installing sidewalks around the perimeter of the buildings and the installation of a gate valve for around $12,400. He said that the total change order for the project was $13,359.22 for a revised project cost of $122,909.22. He said that of that total, approximately $110,000 has already been paid for the work. Paul Male said that the money for this change order is in the budget. Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded for council approval of payment of the change order on the Ball #1 and Ball #2 Pump Station Installations to Swartout Construction as presented. Commissioner McTygue said that he is concerned with the fact that there was a $325,000 commitment made by the County to this project, Page 9 of 20 City Council meeting minutes March 5, 2002 as long as the City put up the $300,000 and proceeded with the project. He said that the City followed through, and the funds were to go for the water tower for the regional industrial park in Saratoga Springs. He said that the county reneged on that commitment and there are two City representatives on the County Board of Supervisors and he has not seen any effort on their part to get this money. Supervisor Phil Klein said that as soon as the City Attorney gets a contract from Quad Graphics, Ball Corporation, or from any business in that industrial park that would guarantee “x” amount of jobs, then the supervisors would be able to fulfill their part of the bargain by going to the County Economic Development Committee to review the contract and resolution that affords economic development money to be put into certain areas providing that they create jobs. He said that there have been meetings with representatives of Quad Graphics that included the City Attorney, but the contract is not there and therefore the money is not there. Mayor Klotz said that it is true that the original proposal was key to job increases, but it was discussed that the City’s good faith commitment to the Industrial Park was something that should speed the process along. He said that the City put the money in the capital budget, and made that expenditure with the anticipation that it would get some support from the County. He said that as soon as the City came up with the money, the County completely lost interest in helping us with this project. He said that the firms out there have not been willing to put their signatures to that kind of commitment so he feel that there ought to be more energy and effort to find a solution because the City put out the money, and anticipated help from the County which has not been forthcoming. William McTygue, Director of Public Works said that this discussion has gone on for a long time, and everyone needs to understand that the Industrial Park is a regional facility that benefits the entire region of this County as much as it does the City of Saratoga Springs. He said that if the County cared about working with the City to improve conditions in the Industrial Park, they would have made this happen. He said that this is a County jobs program, not a City jobs program, and they have a requirement whereby the industries in that park must commit to a certain number of jobs in order for that county money to be released. He suggested that the County representatives take the County jobs program and the requirements associated with it and attempt to work with the industries in the industrial park so the City can get the $325,000 initially committed for work on the sewer system, which the tenants and industries of that park heavily rely on. He said that there was also the desire to use that money in putting together the initial work required for the water tower. He said that the City has invested time, energy and money in the water tower project, an essential part of the expansion plan for the industrial park, but it is hard to get a commitment for the enhancement of the industrial park when they can’t even get the county to follow through on their commitment of $325,000. Discussion ensued as to whose responsibility it is to approach and work with the industries of the regional industrial park. Mayor Klotz said he understands the problems associated with this approach including the changes in the economy, but he would like to see more creativity, energy and effort exerted on the part of the County Supervisors to help us with this County project, especially since the City is trying to put together a financial package for an important initiative that would benefit the entire County. Supervisor Klein said that other communities have obtained signed contracts, received approval and subsequently received their money. He said that he can not change the rules, but when any one designated to represent the City wants to go to one of the industries in the industrial park and get a contract for a guarantee of jobs in compliance with the rules of the program, they would subsequently receive the money from the Economic Development Committee. Page 10 of 20 City Council meeting minutes March 5, 2002 Paul Male said that there is money in the budget that has been encumbered and more than covers the amount of the change order. Ayes all Authorization for Mayor to Sign Agreement: Arts Council Program for Arts Funding (02-058) Mayor Klotz said that this item is a request for the Mayor to sign an agreement with the Arts Council program for arts funding. He said that this involves a routine agreement between the Urban Heritage Area and the Saratoga County program for Arts Funding (SPAF). Denise McDonald of the Urban Heritage Area said that she applied for two grants from SPAF, one for $1800 to pay for a band for a multi-cultural music series in August; and the other to pay the members of the New York City Ballet Orchestra to play lunchtime chamber music concerts at the Arts Center and the Visitors Center in Saratoga. She said that they have been awarded the grants, but council approval is necessary for the Mayor to sign and accept the money. Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded for council approval for the Mayor to sign the agreement with the Saratoga County Program for Arts Funding to accept the grant award. Ayes all Brad Birge: Report on E-Government Conference Brad Birge, Director of Community Development reported on two forums he attended that were presented by the Center for Technology in Government, which is an applied research center affiliated with the University of Albany. He said their mission statement is to assist governments to develop strategies that foster innovation and enhance the quality and coordination of public service. He said that they are a research organization that tries to provide government with tangible tools to better disseminate information and improve their public services, and they have been working in collaboration with the New York State Office for Technology and the New York State Forum for Information Resource Management in the endeavor called e-government: electronic government creating tools of the trade. Brad Birge said that the intent of the program is to develop practical resources for local governments to support the planning and implementation of e-government. He said that both of the forums were created to raise the awareness and understanding of e-government, which is defined as providing services and disseminating information using electronic medium to promote the interest and services of government such as in static or interactive Web Pages, data management and electronic commerce. He said that he was invited to the forums because they saw the presence that the City of Saratoga Springs has on the website, and they liked what they saw. Mayor Klotz said that Brad Birge is in charge of managing the website. Brad Birge said that the outcome of the forum is a brochure called “Untangling the Web” which lists various ways to simplify and streamline the process. He said that a graphic of the Website of the City of Saratoga Springs is on page three of the brochure. He said that he went to a second forum in February recognizing the Pioneers in “e-government” including agencies and communities that are looking at geographic information systems, data management, and electronic financial transactions. He said that the Mayor has initiated a program to create a regional meeting to promote “e-government” within the City of Saratoga Springs and they are establishing a small committee to help make this happen. Mayor Klotz said that Elliot Masie for the Masie Center has been interested in this for some time and has promised to help put this conference together. Page 11 of 20 City Council meeting minutes March 5, 2002 Commissioner Lenz said that he has appointed a high-tech task force to attract high-tech firms into the City and, as discussed at a recent meeting, one of the methods tantamount to attracting these high tech individuals and businesses to the City of Saratoga Springs is with an impressive Website. He said that this task force has been a work in progress and he would be happy to announce the members of the task force and give some information on it at the next City Council meeting. West Avenue Project Contract #5 (02-059) City Engineer Paul Male said that he is seeking City Council approval for change order number 5 for the West Avenue Project. He said that change orders 1 – 4 have been approved, and this change order includes the final quantity adjustments and associated sewer improvements to the pump station of Station Lane. He said that as a result of this change order, the City needs to deposit additional funds to cover these costs, and the amount of the required deposit is $90,850.00 of which we will be reimbursed $53,137.50 for a net cost to the City of $37,712.50. He said that all costs for this project are generally shared 50-50 with the West Avenue Special Assessment District. Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded for council approval to accept the change order as presented. Commissioner Lenz said that he understands that there is going to be another change order. Paul Male said that Niagara Mohawk is looking to install a gas line, which will probably be the final change order. Commissioner Lenz said that he has spoken with the Deputy Commissioner of Finance and they would have to pay this through an additional bond resolution to increase the amount that they would actually go out to bond. He said that they would prefer to only have to do this one more time. He said that it would be preferable to approve this now but wait for the final change order to come in and include both change orders in one bond resolution. He said that he could come back to the table with one bond resolution that included all both this and the final change orders. Ayes all ACCOUNTS DEPARTMENT Approval of February 5 and February 19 2002 City Council Minutes Commissioner Stephen E. Towne moved and Commissioner Thomas Curley seconded to approve the minutes of the February 5 City Council meeting. Commissioner Lenz said that on page 14, he had failed to obtain a second in the approval of the Tax Roll and he wanted to amend the minutes to reflect a second by Commissioner Towne. Commissioner Lenz said and the Clerk confirmed that there was no second on the tape. Mayor Klotz said that they are making the minutes very complicated and one of the things he felt looking at the minutes that he doesn’t want to take the council time flipping through the minutes correcting minor typographical and spelling errors. He said he is uncomfortable with the notion that everything needs to be brought before the council for amendment. He said that they might have to be satisfied with minutes that have typos and inaccuracies if simple things can not be corrected in a routine way. Commissioner McTygue said that Mayor Klotz makes good sense and it is unfortunate that we have to deal with it under those circumstances, so if the Mayor feels that the records aren’t straight then he is not going to vote for the minutes either. Discussion continued as to whether the addition of a second should be added to the February 5 minutes, be placed on the agenda or incorporated as a friendly amendment. Mayor Klotz made a friendly amendment to the motion to Page 12 of 20 City Council meeting minutes March 5, 2002 include the addition of Commissioner Towne’s second on page 14. Ayes: 2 Nays: 3 (Curley, McTygue, Klotz) Commissioner Stephen E. Towne moved and Commissioner Michael Lenz seconded to approve the February 5 City Council minutes without the friendly amendment. Ayes: 2 Nays: 3 (Curley, McTygue, Klotz)These minutes were not approved. Commissioner Stephen E. Towne moved and Commissioner Thomas Curley seconded for approval of the February 19, 2002 City Council minutes. Commissioner McTygue had a question concerning a statement on page 12 with regard to whether it is standard in the insurance industry to receive bids, open them and expose all the competitors’ numbers and then open a window of opportunity where they could go back and change their numbers, make adjustments. Commissioner Towne said that it is his understanding that insurance companies do not necessarily complete their documents according to the specs, so there is an opportunity for the companies to adjust their bids to fit the specs to make sure that they are on an apple to apples basis from one bid to another. Commissioner McTygue said normally, if bids do not meet specification, they are rejected. He said that this method described by Commissioner Towne is not the standard procedure, as he knows it to be. Commissioner Lenz indicated two minor errors on page 17 which are to be corrected in the final adopted minutes. Ayes: 4, Nays: 1 (McTygue) Appoint Commissioner of Deeds Commissioner Stephen E. Towne announced the appointment of Mark Loeffler of the Saratoga Springs Police Department as Commissioner of Deeds. Thank you DPW/Voting Machines: Commissioner Towne extended a special thank you to Commissioner Tom McTygue, Deputy Commissioner Bruce Brown, DPW Buildings and Grounds Supervisor Arthur Carnevale and his men, and also Voting Machine Custodian James Hart and Voting Machine Inspectors, C. James Littorin and Clifford Ammon. He said the acceptance, storage and maintenance of these machines would not be possible without the cooperation of these individuals Award of Bid: Precast Manholes, Catchbasins, Drywells, Frames and Covers (02-060) Upon the recommendation of the Department of Public Works, Commissioner Stephen E. Towne moved and Commissioner Thomas McTygue seconded to award bid number 2002-04 for pre-cast manholes, catchbasins, drywells and frames and covers to The Fort Miller Company, Inc. of Schuylerville in the amount of $23,950.00. He said they were the lowest bidder meeting specifications. Ayes all Award of Bid: Water & Sewer Pipe Fillings, Hydrants & Valves (02-061) Upon the recommendation of the Department of Public Works, Commissioner Stephen E. Towne moved and Commissioner Thomas McTygue seconded to award bid number 2002-03 for water Page 13 of 20 City Council meeting minutes March 5, 2002 & sewer pipe fittings, hydrants and valves to Vellano Brothers of Latham in the amount of $187,928.40. Ayes all Award of Bid: Granite Curbs (02-062) Upon the recommendation of the Department of Public Works, Commissioner Stephen E. Towne moved and Commissioner Thomas McTygue seconded to award bid number 2002-07 for granite curbs to Syrstone Inc. of North Syracuse in the amount of $10,329.60. They are the lowest bidder meeting specifications. Ayes all Award of Bid: Grave Marking Flags (02-063) Upon the recommendation of the Mayor’s Department, Commissioner Stephen E. Towne moved and Mayor Kenneth Klotz seconded to award bid number 2002-10 for grave marking flags to East Coast Flag & Banner of Philadelphia, Pennsylvania in the amount of $2,280. They are the lowest bidder meeting specifications. Ayes all Approval: Tax Attorney (02-064) Commissioner Stephen E. Towne moved and Commissioner Thomas Curley seconded for City Council approval to authorize the Mayor to sign a contract to hire The Dorsey Law firm for legal service relating to defense of Article 7 cases under the NY State Real Property Tax Law in accordance with the retainer document previously submitted to the council. Mayor Klotz said that he is not going to support this motion because for the last two years there has been a system on these tax cases which has worked very well. He said that the City Attorney has taken charge, overseeing the whole process. He said that in cases where the decision has been made to litigate, he (the City Attorney) has for a modest rate taken on some of the legal work to prepare for litigation. He said that in the cases of litigation, they have been handing it over to Gary Hobbs of Poklemba, Hobbs, & Ulasewicz. He said he thinks this system has worked very well; in the last two years they have spent about $36,000 in litigation expenses as opposed to about a quarter of a million dollars in the previous two years. He does not think there is any reason for changing a system that is working well and he is going to vote against the proposal. Commissioner Towne said that the Dorsey Law Firm is a firm and a group of individuals he has known for a very long time with an outstanding reputation and they have experience in real property matters as well as in defense of Article 7 proceedings. He said he is delighted with the prospect of working with them, and he would like to add his personal endorsement. Ayes: 3 Nays: 2 (Klotz, McTygue) FINANCE DEPARTMENT Approve Payrolls Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the payroll for 02/22/02 in the amount of $ 345,408.55 and for 03/01/02 in the amount of $319,285.91. Ayes all Approve Warrants Page 14 of 20 City Council meeting minutes March 5, 2002 Commissioner Michael Lenz moved and Commissioner Stephen E. Towne seconded to approve the following warrants: 1MAR02 – Warrant 2 – 36 General Fund $ 197,503.96 City Center Authority 14,096.02 Water Fund 6,433.81 Sewer Fund 5,788.04 Capital Projects Fund 20,332.30 Special Assessment District 35.72 Trust Fund -0- Debt Service -0- Community Development 2,176.28 Total Warrant $ 249,043.63 Ayes all MC010227 – WARRANT 2-3 General Fund $ 10,725.55 City Center Authority -0- Water Fund -0- Sewer Fund -0- Capital Project -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development -0- Total Warrant $ 10,725.55 Ayes all MC020227 - WARRANT 2 -6 General Fund $ 10,910.73 City Center Authority 10,618.02 Water Fund 3,137.39 Sewer Fund 1,038.54 Capital Project -0- Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development -0- Total Warrant $ 25,704.68 Ayes all Approve Budget Transfers Page 15 of 20 City Council meeting minutes March 5, 2002 Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the budget transfers as distributed. Ayes all Approve Budget Amendments Commissioner Michael Lenz moved and Commissioner Stephen E. Towne seconded to approve the budget amendments as distributed. Ayes all Report: Surplus (02-066) Commissioner Lenz thanked the council members for their response to his memo requesting anticipated possible need for surplus money to meet any perceived shortfall in their budgets. He said that the information that has been compiled is by no means an exact figure of the surplus that would have to be utilized during the year, but it is a basis upon which to make decisions throughout the year. He said that the total that he has received this from the departments is approximately $770,000 of surplus amount to allocate this year to meet some of the short falls in the budget. He said this additional unappropriated surplus utilization includes $70,000 from the Mayor’s office for the zoning consultant; from Finance a figure of $450,000 for health insurance; nothing for the Department of Public Works; a fluctuating number for Public Safety of around $150,000; and $100,000 from the Accounts Department which is reflective of the property and casualty insurance costs. He said that the sum total of each of these items in somewhat in flux; health insurance is still in negotiations with various labor unions so that number is not a set amount, but is the best guess at this time. He said the one hundred thousand dollars for property and casualty insurance is not an exact figure until all the bids are back and a better estimate can be made of about what that amount will be. He said that the only number that we now know about and should act on at this time is the $70,000 for the zoning consultant. He said it has been discussed at the previous two council meetings, and Commissioner Towne had requested to wait briefly until the Finance Department gathered some of this information related to surplus utilization so the council could better make some judgement calls and prioritize things as they move forward. He said that the zoning consultant was approved by the City Council and it was never a question as to whether it would be paid, it was only a question as to what the source of funding would be. Commissioner Lenz said that he is still reluctant at this time to dip into the surplus in light of the other expenditures that may be incurred in the future. Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to transfer $70,000 from contingency A3729999-59010 to Planning Board Professional Services A3618024- 54720 to pay for work being performed by the zoning consultant, Environmental Design & Research. He said he understands that the bill that is currently due is in the neighborhood of $1200 so that money would be able to be accessed from that line and the $70,000 could be used to pay for future services that the zoning consultant would provide. Commissioner Curley said he is glad that this situation is going to be resolved because although he did not support the contract, it is a binding contract with an outside vendor the City was working with and if the City had reneged on the contract, it would have set a bad precedent and been harmful to the City’s credibility. Commissioner Lenz said that there is $200,000 in contingency at this time. Mayor Klotz said that that there are many ways to do this and this is a very feasible and good solution. Ayes all Page 16 of 20 City Council meeting minutes March 5, 2002 Commissioner Lenz said that they will continue to monitor the surplus, and when the numbers from the 2001 budget are brought back to the council, and he is going to speak with the council members periodically and report back to the council accordingly. Mayor Klotz said that it is very important to know the numbers from the 2001 budget, and also it is important to act on the health insurance proposal that the broker of record has made because the more time that goes by the less money there is to be saved. Update: Niagara Mohawk Purchase Excelsior Avenue City Attorney Jeff Wait said that after the contract with Niagara Mohawk to purchase the lot on Excelsior Avenue from the City was approved by the City Council, it was brought to their attention that the sale required legislative approval because it was perceived as park land, despite the fact that it is a hazardous waste clean-up site. He said that they started going through that process, including a survey, a tax and title search, placed an amount in escrow, but no legislation of this type can be completed without the State budget being approved. He said that the budget was passed in late summer and then, since the individual sponsoring the bill passed away, Jeff Wait had to find another sponsor for the bill. He said that the NY State Department of Parks and Recreation has no problem with the legislation and the bill drafting office is reviewing it. As soon as a number is assigned to it in both the Senate and the Assembly, the City Council will have to pass a Home Rule law asking the legislature to adopt those bills and then it goes to the floor for approval. He said that in terms of closing on the property, Niagara Mohawk is not that concerned while the cleanup is proceeding. He said he anticipates that the closing will be sometime this spring. Commissioner Lenz said that he understands that there is a stipulation in the contract allowing NiMo to go on the property to clean it while this process was taking place, and the closing must take place within 90 days of the State approval. Jeff Wait said that they assign a number to the bills, and the council home rule legislation has to identify those bills by those numbers. He said that when the home rule legislation is returned the Assembly and Senate will approve those bills. He said that the only delay could be caused by changes made to the bill on the floor, which would necessitate restarting the entire process, but Commissioner McTygue said that this does not normally happen. Mayor Klotz said that the amount Niagara Mohawk has put into escrow is $75,000 and the sale price is $750,000. He asked Deputy Commissioner Gillmett how that money is to be treated in the budget. City Attorney Jeff Wait said that the money must be used to purchase park- land or make improvements to existing parkland. Deputy Commissioner Christine Gillmett-Brown said that when the 2002 capital budget was approved, the council agreed to use $360,000 of that money for the Spring Run Trail, so that portion is committed. She said that knowing that the money would not be received in 2001, no revenue or expenses were budgeted for it. She said that the remaining $400,000 will be added as a reserve and it will be restricted. She said that a resolution would be drafted to create a reserve for the money to set up the guidelines as to how the funds could be used. Commissioner Lenz asked if the funds could be used for recreation because he hoped that they could be used for a Recreational Facility if the council deemed it appropriate, and Jeff Wait said that this expenditure would be allowed. PUBLIC WORKS DEPARTMENT Name Street – Israel Lane (02-066) Page 17 of 20 City Council meeting minutes March 5, 2002 Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded for council approval to amend chapter 201, section 201-1, appendix E entitled street naming and numbering, to include in zone E the following new street: Israel Lane which is private except the first 100 feet, and extends from Division Street to Washington Street. Mayor Klotz said that Bob Israel has been a good friend to the City for many years and has done a lot of good things in the Franklin Square area and on the West Side and it is very appropriate to name a street after him. Ayes all Adopt Water & Sewer Resolution and Rates (02-068) Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to accept the new water and sewer rates and resolution as presented. Commissioner McTygue said that there is no increase in the water rates for this year, however, due to the increase in sewer rates that we pay to the county sewer district, sewer rates to Saratoga Springs customers increased by 24%. He explained that the City’s bill from the County actually increased by 38% but we absorbed some of the increase in our 2002 budget. Mayor Klotz said that when the City has control the increases do not occur, but as with the sewer rates, where the County has control there is nothing the City can do when the rates are raised. Ayes all Transfer from Landfill Closure Account for Washington County DPW (02-069) Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded for council approval of a request to transfer $20,000 from the landfill closure account into the compost account, number A-363-8194-54530. He said that this money will be used for Washington County to process the logs that are piled at the compost facility. He said that the Washington County DPW has a machine to do this work and will also supply an employee to run the machine. He said that their costs are $62.36 for mobilization and $148.34 per hour for approximately a two to three week period. Commissioner McTygue said that Washington County has a large grinding machine that they are using to grind up the logs that have accumulated over the past dozen years at the compost facility. He said that they are going to try to sell the wood chips. He said that they are going to have a large amount of wood chips and they are looking for a market for or a use for this large amount of wood chips. He said that they are fortunate that a neighboring County was willing to allow the City to use the machine and an operator for such a reasonable amount of money. Commissioner McTygue said that the landfill closure account is money that was returned to the City from the State after the landfill closed, and there are sufficient funds in that account. Ayes all Discussion – Sales Tax Commissioner McTygue said that it is important to begin talking about “Buy in Saratoga Springs”. Commissioner McTygue said that there is a lot of new construction development and rehabilitation of property going on in the City of Saratoga Springs and everyone needs to tell contractors and developers that when materials are being shipped to the City of Saratoga Springs, they need to ensure that the sales tax revenue from the purchase of fixtures, materials and such items is coming to the City. He said that there is a lot of money spent on renovations, and this could amount to hundreds of thousands of dollars of sales tax revenue to the City, regardless of where the purchases are made. He said that the message should be put out to all the contractors, and the Planning Board should advise these contractors to be sure that the sales tax revenue is coming to the City. Mayor Klotz said that the County has convinced themselves that collection is done by zip code, so the council should make sure Page 18 of 20 City Council meeting minutes March 5, 2002 that tax and finance has a procedure in place to accurately identify the various sources of sales tax that should come to the City. Commissioner Lenz said that his office is currently working with the State Department of Tax and Finance about this issue. Commissioner Lenz said that if supplies are delivered to the City, the sales tax money goes to the City. He said that the follow-up is to be sure that the locations of the purchases are checking their forms correctly to indicate that the supplies are going to the City of Saratoga Springs. Commissioner Lenz said that it is particularly important to be accurate with regard to the areas that overlap the City limit, outside the City with a Saratoga Springs address. Mayor Klotz said that the accuracy of the collection is ultimately the responsibility of the State, but it is in the best interest of the City to make sure it is being handled correctly. Discussion – Razing of 49 Granite Street Commissioner McTygue said that as discussed at a previous council meeting, DPW forces have razed the building at 49 Granite Street and filled and leveled the lot in order that the City may sell it. He said that some expenses have been incurred by Hiram Hollow to dispose of the construction debris. He asked for a separate line item to be set up for the Hiram Hollow expenses, and when the City sells the lot, he is asking to have the money for the Hiram Hollow bills to be reimbursed back into the DPW Accounts. Commissioner Lenz said that this lot and other properties are to be auctioned off and the values set for them far exceed the amount of these expenses so he sees no problem with this. Discussion - Old Business Insurance Specifications Commissioner McTygue discussed this item under the Accounts Agenda item “Approval of City Council Minutes” Discussion – City Council Workshop Proposed Draft EIS Commissioner McTygue pulled this item from his agenda PUBLIC SAFETY DEPARTMENT Executive Session Commissioner Curley requested an executive session to discuss labor contracts. Emergency Preparedness Commissioner Curley said that last year they reviewed the emergency plan of the City of Saratoga Springs which focused on updating and correcting information and also focused on the command structure related to those types of changes, a communication network. He said that tonight he wanted to announce the formation of a committee that would work on the Emergency Preparedness Plan and the person to head up the committee is J. Michael O’Connell. He said that J. Michael is an excellent choice for this task force because he wrote the first Emergency Plan, and brings the added credibility of being a former Mayor of this City, a former Deputy Commissioner of Public Safety and a life-long resident of the City of Saratoga Springs. He said that it is natural that an individual of this caliber be brought forth to chair this committee. He said that the plan was updated last year, but the challenges in today’s world and the fact that the City is a convention and tourism destination, require that the City has a emergency plan poised to address any new concerns for public safety based on what is going on Page 19 of 20 City Council meeting minutes March 5, 2002 around us now and in the future. He said that the task force would be looking at some different areas because there are concerns regarding the racetrack and other issues. He said that although the probability of something happening might be low, it is important to have a plan in place. He said he is looking forward to having the committee work on this project. He said that over the next two weeks, he is going to be announcing the remainder of the committee. Potential Traffic Improvements Commissioner Curley said that this issue is somewhat related to the issue of the surplus. He said that as progress with the Carousel continues, and the operation of it becomes more evident, there might be traffic improvements needed in this area. He said that he is going to speak with Commissioner McTygue regarding operation times and other details that should be incorporated into the study for potential changes to be put into place. He said that such improvements might include anything from the striping sidewalks and adding stop signs to the addition of a traffic light. He said that the City needs to be aware of this and eventually they will probably develop more definite items. Commissioner McTygue said that there might be some federal money for the program for pedestrian safety. He said that he does not think that this is money that has to come from the general fund. He said that he thinks that through the Federal government there is money that they could commit to do improvements to the whole area. He said that this was spoken about and there were recommendations made for improvements for pedestrian traffic entering the park in this area a number of years ago. Commissioner Curley said that since this (carousel) is happening, it is a good time to be looking into this situation. Commissioner Curley said that he wanted to compliment and express his pride in the work of the Saratoga Springs Police Department, in the charge of Lt. Investigator Ed Moore, over the last several days on the situation that occurred last Thursday night. He said that the department worked around the clock, and they worked well with the New York State Police BCI investigation team. He said that the individuals working on the case from the City’s investigative unit and everyone involved did an outstanding job and he is very happy with the results that have occurred so far in such a tragic event. EXECUTIVE SESSION Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to go to executive session to discuss labor contracts. ADJOURNMENT Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded to adjourn the meeting at 10:23 PM . Ayes all Respectfully Submitted, Nancy Wagner Clerk Adopted: Page 20 of 20