City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING MINUTES TUESDAY MARCH 19, 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 CALL TO ORDER Mayor Kenneth Klotz called the meeting to order at 7 pm. MAYOR’S DEPARTMENT Recreation Department: Approval YMCA Youth Basketball League Agreement (02-071) Linda Terricola said she is requesting approval for the Saratoga Y co-sponsored basketball program. She explained that each year they allocate funds for this program, this year the amount is $3,000 which is in the budget. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded for council approval of the YMCA/City Rec Youth Basketball League agreement as presented. Ayes all Recreation Department: Approval School Bus Contract for Camp Saradac (02-072) Linda Terricola said she is seeking council approval of the agreement between the City and the Saratoga Springs school system for bus transportation for summer programs in the amount of $3,100 plus fifty cents per mile. Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded for council approval of the school bus contract between the City of Saratoga Springs and the Saratoga Springs Enlarged City School District for bus transportation for the City’s Camp Saradac and summer programs. Ayes all Recreation Department: Approval St. Clement’s Contract for Camp Saradac (02-073) Linda Terricola said that she was seeking council approval for a contract with St. Clement’s for the use of their gymnasium for the Camp Saradac Program. Mayor Kenneth Klotz Saratoga Springs City Council Minutes March 19, 2002 moved and Commissioner Thomas Curley seconded for council approval of the contract with St. Clement’s for the Camp Saradac program in the amount of $3,404. Mayor Klotz said that this is something that the council has done recently on the initiative of Commissioner McTygue for shelter and a facility for Camp Saradac and it has been a good relationship. Ayes all Memorial: Mayor Sarto J. Smaldone Mayor Klotz said that former Mayor Sarto Smaldone passed away in Florida last week at the age of 97 and he read the following memoriam prepared by Assistant City Attorney Tony Izzo: IN MEMORIAM SARTO J. SMALDONE 1905 – 2002 Sarto J. Smaldone, former Mayor of the City of Saratoga Springs, died Monday, March 4, 2002. Mayor Smaldone served from 1970 through 1973, years that brought much change to Saratoga Springs just as they did to our nation. His administrative style was plain and straightforward, and his direct approach to the many problems and issues he faced attracted respect from everyone who worked with him. He remained at all times an honorable and down-to-earth man who cared deeply about this city and its people. On behalf of the people of Saratoga Springs, this Council honors the achievements of Mayor Smaldone and extends sympathy to his family Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded for the City Council to accept the memorial presented for former Mayor Smaldone. Ayes all Mayor Klotz said that former Mayor J. Michael O’Connell submitted a written tribute to Mayor Sarto Smaldone and requested that it be included in the minutes of this meeting: MAYOR SARTO J. SMALDONE IN MEMORIAM By J. Michael O’Connell 3/18/02 The recent passing of former Mayor Sarto J. Smaldone brought back several political and personal memories. Mayor Smaldone was well known for his directness, which at times bordered on bluntness. He called them like he saw them and was first elected in 1969 as the oldest Mayor (66) replacing the youngest, Jim Murphy (28). Not one to mince words, Sarto envisioned the Mayor’s office as in a much stronger position than the City Charter’s one among equal perspective. In fact, at a Rotary Club speech on 9/16/70, he described himself as “trying to be Mayor of all the people” and even as others had called him “crude, rough and arrogant”, he admitted stepping “on the toes of very, very old friends.” But, he added, “If it’s for the best of the community, I’ll step on some more.” Following up, Mayor Smaldone commented, “I don’t let up on Page 2 of 22 Saratoga Springs City Council Minutes March 19, 2002 any of my commissioners, I’m on their tail for everything they do.” In fact, he concluded that if they could not run their departments, he could run them for them. In addition, the Mayor was also very active in the non- political arena and had a deep affection for our City reflected in numerous leadership positions in civic organizations which included the Chamber, the New York State Elks Association, the Saratoga Lake Property Owners Association, the local musicians union and the Saratoga County Board of Realtors. On the other hand, my personal memories of Mayor Smaldone revealed a less strident persona. He had a warm side to him starting with a smile that seemed to reach out and capture you. I saw this quite often as my family were his neighbors in the Moriarta building at 511 Broadway in the mid 1950’s. I was in my late teens, a college student and Sarto never failed to ask how things were going – and meant it. In fact, he always found time to answer or ask some questions. He often advised me to focus in on my courses and to prepare myself for the world after graduation. In addition, I still recall his oft-mentioned concern that I not leave Saratoga Springs as the City would soon have so much to offer. He was one of the few that saw a much brighter future, especially as the grandeur of the past had faded away and we even stood to lose our exclusive 24 days of racing. His enthusiasm was so instrumental in my staying in our community. He was so right then and his and so many others’ belief and commitment produced a foundation that the Saratoga Springs of today rests upon. More was still needed and it occurred and those then dreams have become today’s realities. Thanks Mayor Sarto Smaldone, perhaps your voice was strident, but it was needed in those times of uncertainty. But, most of all thanks for listening to young aspiring politicians. Appointments (02-074) Mayor Klotz said that in response to a request by Chairman Gordon Boyd to expand the City Center Upgrade Task Force, he is appointing Mike Dean and Phil Diamond to the City Center Task Force. Mayor Klotz announced the appointment of Ben Mirling to fill an opening on the Assessment Review Board. Mayor Klotz said that he had a request from Laura Chodos, the chairman of the Sister City Advisory Committee to expand that committee and he asked her to make recommendations. Mayor Klotz announced the appointment of Kjelene Bertrand, Phil Diamond, Tom and Pat Fox, Charles Kuenzel, Linda Lewis, Greg Loan, Denise McDonald, Brian McMahon, and Professor Polina Shartsman to the Sister City Advisory Committee. He said that currently the delegation from Chekhov, Russia plans to come to the City of Saratoga Springs in late July. He said the Sister City Advisory Committee is actively planning for the visit, putting together a schedule and raising funds. Urban Heritage Area: Approval of Donations (02-075) Mayor Klotz said that there are some donations that have been made to the Urban Heritage Area and it is necessary to obtain council approval in order to accept these donations. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded for council approval to accept a donation of $250 from Stewart’s Shops for two noontime chamber music performances by members of the New York City Ballet Orchestra. He Page 3 of 22 Saratoga Springs City Council Minutes March 19, 2002 said that the performances are scheduled for July, on the second and third Thursdays of the ballet season. Ayes all Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded for council approval to accept as donation of $2,500 from State Farm Insurance for multi- cultural music series in Congress Park on the four dark Tuesdays in August. He said that State Farm is the corporate sponsor for this event, and it will include Latin, Jazz, Blues, Gospel and Celtic music. Ayes all Saratoga Springs Preservation Foundation update on 120 Grand Avenue Brad Birge spoke on behalf of Susan Davis, the President of the Saratoga Springs Preservation Foundation. He said that the project was the historic rehabilitation of 120 Grand Avenue to a two-family house that was then to be sold to an income eligible first-time homebuyer with an income eligible apartment. He said that the project was started with $25,000 of Foundation funds from the sale of a previously renovated property. He said that the City awarded the Foundation a $60,000 Community Development Block Grant, and approximately $27,000 of the grant has been spent to date on construction and building costs which include the removal of flooring and siding for asbestos removal, asbestos abatement, and a lot of outside work. He said that they had anticipated receiving a grant form the State and were not successful, so an EPF grant for $90,000 was reapplied for in September 2001. He said that they have had several offers made on the property over the last few months and it was decided to consider these offers in light of funding demands and the likelihood of not receiving the needed funds. Brad Birge said that a serious offer is being negotiated and if they sell it privately, the City would be reimbursed for the $60,000 CDBG award. Mayor Klotz said that if the house is sold privately, it does not have to be used for income eligible tenants, which is why the money would have to be reimbursed. Brad Birge said that they are working with the intended purchaser to do some deed restrictions to ensure that the historic nature and fabric of the building is maintained. Station Lane Gas Line (02-076) Mayor Klotz asked Paul Male to speak about this item which concerns a bill that was received from Niagara Mohawk. Paul Male said that the bill is from Niagara Mohawk in the amount of $4,167.67 for the installation of approximately 250 feet of a two-inch gas line to serve the new pump station located at 13 Station Lane. He said that the gas line was required to serve the emergency generator for the pump station in case of a power outage. He said that on the bill it is described as a refundable contribution in that these subject monies may be refunded in whole or part if additional customers are hooked up to gas within a five year period. He said that there is potential for getting reimbursed for this and once Station Lane is reconstructed with the train station, there will probably be activity on the parcel so there is a good chance to get this money back. He said that the cost is to be split 50-/50 with the West Avenue Special Assessment District. Paul Male said that this project is connected with the West Avenue infrastructure and road widening project, and the pump station needed an emergency generator backup, and it was not included in the contract. Page 4 of 22 Saratoga Springs City Council Minutes March 19, 2002 Commissioner Lenz said that Niagara Mohawk requires that someone has to pay up front and then the City would be credited as additional users are hooked up to the line. He said he would add this to the final bond resolution on the project. Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded for City Council approval to pay the Niagara Mohawk bill for services on Station Lane, which is to be part of the package to be bonded. Ayes all Citizen Advisory Committee Recommendations for 2002 Entitlement Action Plan Brad Birge, Director of Community Development said that Community Development’s Citizen’s Advisory Committee has come to their decision to make the recommendations to the City Council on this year’s Block Grant funding. He introduced Richard Ferguson, the chairman of the committee. Richard Ferguson said that the 15-member committee had $454,000 in funding for the 2002 program year and there were 14 applications received from various community organizations totaling nearly $550,000. He said they held two well attended public hearings to review the requests, at valuable information was presented. He said that the committee met two additional times, and after much discussion and deliberation are presenting to the council their recommendation to fund a total of 11 grant requests because these particular projects will benefit a number of different areas in the City. He said that the funds would be used to provide new sidewalks and curbs in the City, to establish a mentoring program to help children who are at risk, for housing rehabilitation grants, to fund the economic development and revolving loan program and to provide meals for the homeless, and low to moderate income individuals. He said that the review process focused on two significant factors: that they had to meet the national objectives of HUD which include benefiting individuals of low to moderate income, and, secondly, that their review process focused on meeting the City’s consolidated plan priorities and objectives, particularly the provision and expansion of low income housing. He said that the committee feels very confident about the recommendations it is making. Brad Birge said that in addition to the programs mentioned in the letter that was circulated, the committee also recommended funding the Beekman Street Rehabilitation Project for decorative street lighting in the amount of $40,000. Brad Birge said that the public hearing will kick off a thirty-day comment period, and then the City Council will vote on May 7 and the plan is to be presented to HUD by May 15, 2002. Mayor Klotz set the public hearing for April 2, 2002 at 6:50 pm. Brad Birge said that normally there are program balances, but this year there are not. He said that there were a third less applications than usual. He said that each year the committee wrestles with the issue of whether it is better to fund an agency with a good track record or to fund a new agency, a new applicant. Commissioner Towne asked if there was anything that caused the three agencies not to be funded. Brad Birge said that there is a regulatory limit as to the type of project funded, and there is a fifteen-percent cap each year on public service programming. He said there are a lot of competitors for a small amount of money. He said there is a wide range of a variety of activities that are eligible. He said that based Page 5 of 22 Saratoga Springs City Council Minutes March 19, 2002 upon the priorities that the City established within its consolidated plan, the money is best used towards these projects. Report: State Funding for Hi-Tech Recruitment Mayor Klotz said he wanted the council and the public to know that Governor Pataki has proposed in his 2002/2003 budget a specific fund called the economic opportunity fund. He said that it has a multitude of purposes that this fund would support, many of them relevant to what the City of Saratoga Springs needs, including major infrastructure projects leading to the creation of new jobs that include high tech jobs; downtown commercial revitalization, redevelopment of industrial parks, public water facility and transportation improvements, convention centers, parks and recreation facilities and tourism destinations. He said that the council should be alert to the prospect that this money might be freed up. He said that there is a lot of needs that the City has that are included within this proposal, so if this proposal is still in the budget when that is approved, the City needs to be ready to look at what the procedures are for applying and try to see what it can do. Commissioner Lenz said that this is something that the council should take advantage of and Elliott Masie is going to be focusing on high tech so the City is primed to advance that ball. Confirmation of Approval by Memo: Correction to the Change Order Ball #1 & Ball #2 Mayor Kenneth Klotz moved and Commissioner Stephen Towne seconded for council approval for confirmation of a previous approval by memo to correct an error in the presentation of the Ball #1 and Ball #2 project. Ayes all Approve Amendment to Arts Council Contract (02-077) Mayor Klotz said that Commissioner Curley had circulated a memo last week, which called for council approval to relieve the rent for the Saratoga County Arts Council in 2002. Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded for City Council approval to waive the 2002 rent for the Saratoga County Arts Council amending their lease contract to reflect no rent for 2002. Commissioner Lenz said that the intention is to continue to meet with members of the arts council to determine how to move forward. Commissioner Curley said that everyone at the table and in the community recognizes the need and importance for the Saratoga County Arts Council to continue to be a viable organization in this community, and the council should continue to work with them to ensure that a home is provided for them. He said that there is only four years left on their lease, and he would like to have an opportunity to continue discussions with the SCAC to work out a resolution for a long-term commitment with them and that is his goal. Mayor Klotz said he is pleased that the council is bringing this to a resolution and he supports the notion of looking beyond the original ten years of the contract to something more long-term. He commented that he would like to see more regular funding from the county for this organization. Page 6 of 22 Saratoga Springs City Council Minutes March 19, 2002 Commissioner Curley said that the SCAC is utilizing the services of attorney Matt Jones to help them through this process. Matt Jones said that he would like to express appreciation to the council for considering this resolution and for their support for it. He said that it removes from the table an issue that has lingered for a number of months and it clarifies and confirms the Arts Council’s position with respect to its own budget for the year 2002. Mr. Jones said that he is willing to take up the council and Commissioner Curley’s offer to see what can be worked out for the remaining several years of the lease. He said that the Arts Council is a strong presence in Saratoga Springs, and they have done a lot for the building, offer strong programs, and they have a case which can and ought to be made to the council for future funding and future investment in it. He said that they would like to take the next six weeks to make that case and try to come to a consensus with the City Council with regard to the remainder of the lease. Ayes all ACCOUNTS DEPARTMENT Approval of February 5, 2002, February 28, 2002 and March 5, 2002 City Council Minutes Commissioner Towne said that there is an agenda item listed under the Finance Department to correct a portion of the 2/5 minutes relative to the Council’s vote on the 2002 Tax Roll. He said that the correction is necessary because that vote does not indicate who seconded the motion. He said that included in his motion to approve the 2/5 minutes is the addition of himself as the second on that vote. Commissioner Stephen E. Towne moved and Commissioner Michael Lenz seconded for City Council approval of the February 5 as amended. Ayes all Commissioner Stephen E. Towne moved and Commissioner Michael Lenz seconded for City Council approval of the minutes of the February 28 Water Source Workshop. Ayes all Commissioner Stephen E. Towne moved and Commissioner Thomas Curley seconded for City Council approval of the March 5 City Council minutes. Ayes all Vote: Agreement for Use of Voting Machines (02-078) Commissioner Towne said that since there are two agencies that are going to be using the voting machines, under two separate agreements, he is offering two separate motions. Commissioner Stephen E. Towne moved and Commissioner Thomas Curley seconded for City Council approval of the agreement between the Saratoga Springs Public Library and the City of Saratoga Springs for the use of three (3) voting machines for their annual election April 18, 2002. Ayes all Commissioner Stephen E. Towne moved and Commissioner Thomas Curley seconded for City Council approval of the agreement between the Saratoga Springs City School System and the City of Saratoga Springs for the use of 13 voting machines for their School Board Election May 21, 2002. Commissioner Towne said that no money is involved in either agreement, but they have to insure the machines and fix or replace them if broken or stolen. Ayes all Page 7 of 22 Saratoga Springs City Council Minutes March 19, 2002 Vote: Substitute Secretary to City Council (02-079) Commissioner Stephen E. Towne moved and Mayor Kenneth Klotz seconded for City Council approval to hire Kathy Moran as the substitute City Council note taker to replace Nancy Wagner who has resigned effective April 1, 2002. He said Kathy Moran would begin work April 2 as a substitute until a permanent replacement is hired. He and the council thanked Nancy Wagner for serving as the temporary Secretary since June. Ayes all Award of Bid: Tee Shirts (02-080) Upon the recommendation of the Mayor’s Department and the Recreation Commission, Commissioner Stephen E. Towne moved and Mayor Kenneth Klotz seconded to award bid number 2002-06 for printed tee shirts to Walton’s Sports Shop of Saratoga Springs for items 1 and 2 and 4 through 7 at various prices as stated in the bid. Item 3 was not awarded. They were the lowest bidder meeting specifications. Ayes all DEPARTMENT OF FINANCE Approve Payrolls Commissioner Michael Lenz moved and Commissioner Stephen E. Towne seconded to approve the payroll for 03/08/02 in the amount of $ 319,131.18 and for 03/15/02 in the amount of $318,354.60. Ayes all Approve Warrants Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded to approve the following warrants: 2MAR02 – Warrant 2 – 28 General Fund $ 304,838.23 City Center Authority 3,484.48 Water Fund 26,603.98 Sewer Fund 9,585.41 Capital Projects Fund 31,211.35 Special Assessment District 200.00 West Avenue SAD -0- Trust Fund -0- Debt Service -0- Community Development 8,214.35 Total Warrant $ 384,137.80 Ayes all MC020313 - WARRANT 2-6 Page 8 of 22 Saratoga Springs City Council Minutes March 19, 2002 General Fund $ 48,299.49 City Center Authority -0- Water Fund 10,638.57 Sewer Fund 350.28 Capital Project 13,359.22 Special Assessment District -0- Trust Fund -0- Debt Service -0- Community Development 16.16 Total Warrant $ 72,663.72 Ayes all Approve Budget Transfers Commissioner Michael Lenz said that there are no transfers to report. Approve Budget Amendments Commissioner Michael Lenz moved and Commissioner Stephen E. Towne seconded to approve the budget amendments as distributed. Ayes all Report: High Tech Task Force (02-081) Commissioner Lenz announced his appointments to the newly created High Tech Task Force: Mary Song, Chairman, Charles Wait of the Adirondack Trust Company, Linda Toohey, advisory member from the Saratoga County Chamber of Commerce, Ken Green advisory member from the Saratoga Economic Development Corporation, Elliott Masie, of The Masie Center, Craig Skevington from Flow Management Technologies, Craig Gravina from Systems 1, Kariann Morris of Virtual Flow, Carl Strang from the Saratoga Springs City School District, Joe Moore from Empire State College, Robert DeSio, retired executive from IBM, Bruce Hodge of Dynascript, and Gordon Sachs of Red Spring Communication. He said that this is an excellent group and he called upon Chairman Mary Song to speak on the charge of the group and what they have done. Mary Song said that the overall goal of the committee is to use technology to improve the quality of life in Saratoga Springs, and a sub-goal is to increase the number of high-tech jobs within Saratoga Springs. She said that they are looking to take to the next step some ideas from a report produced by a task force created in the mid-nineties. She said they are looking at several projects, which will be prioritized to three or four that the committee will tackle. She said they are considering infrastructure issues; hard wiring, possibly doing a wireless high speed internet connection; the area of e-government; possibly doing a 3-D simulation of the City to use as a planning tool where proposed projects for particular sections of the City could be simulated in three-D to give a better idea of how they would look. She said they are also considering the possibility of putting together a marketing plan working closely with SEDC to market the City as a high-tech destination. She said she would be sending meeting notices and copies of the minutes to the council members. Page 9 of 22 Saratoga Springs City Council Minutes March 19, 2002 Commissioner Lenz said that a couple of issues have come before the council that we can get unanimity of purpose on, including the Recreational facility where the Mayor has moved forward and created a committee to do siting for such a facility. He said that attracting high tech industry to the City is an important part of the future of the City. He said that he is confident that this task force will accomplish good things for the future. Vote: Correct Tax Roll Vote from February 5, 2002 Commissioner Lenz said that this was taken care of on Commissioner Towne’s agenda under the approval of the February 5 City Council minutes. 02/28/02 Financial Report Commissioner Lenz distributed the monthly financial report for the month ended February 28, 2002 and said that the total percent used of all budgets is at 13.5%. He said that normally it would be about 17% so everyone is under budget in terms of where they ought to be at this point in the year. He encouraged everyone to keep up the good work. Report: Results of Telephone Audit Commissioner Lenz said that on June 19, 2001, the council approved the hiring of Communication Consulting Services to conduct a telephone audit. He said that the fee for this service was an agreed upon fifty percent of any refunds or no fee if no savings were found which is standard for this type of service. He said that he is happy to report that the Communication Consulting Service found $10,625.08 in savings. He noted that any future savings found on the telephone bills would not be shared with the consulting service, but they will split the initial finding with the City. Both the City and the consulting service will receive $5,312.54, which is money coming back to the City that we would not have had. Report: Special Accounts Deputy Commissioner Christine Gillmett Brown Said that she wanted to take this opportunity to discuss the special accounts and explain them since the last time this was done was in the year 2000. She said that there are ten separate accounts and the balances given are as of February 28, 2002. The accounts include: The Ice Rink Capital Improvement account, which has a balance of $52,159.02. She explained that when the 2001 audit is complete, if there is a surplus from the two ice rinks, $10,000.00 will be added to this account per Council resolution on July 20, 1999. She said that the funds in this account are reserved until the City Council approves by a majority vote to expend them on capital improvements at the rinks. She said that last year they replaced a zamboni with these funds. Commissioner McTygue said that this was a request made by DPW to set up a capital reserve account so that any additional funds could offset any large expenditure that may occur at the Ice Rinks. The Subdivision Recreation Account has a balance of $122,260.52. She said per Council resolution on April 15, 1997, $30,000.00 per year of subdivision recreation fees is to be used Page 10 of 22 Saratoga Springs City Council Minutes March 19, 2002 to partially pay for the debt service on Weibel Avenue Ice Rink due on March 1 each year. She said that the ice rink debt will be completely paid on March 1, 2013. The remaining funds are to be used for recreational purposes only in accordance with the City Code. The Water Service Connection Fee account has a balance of $688,264.35 and these funds are used for water line extension projects and the funds that are deposited in there from the water line tap in fees. She said that the water connection fee is either $3,000.00 or $500.00 based on assessed valuation. The Veteran Brick account line has a balance of $55,928.87. She said that funds in this account were generated from the sale of memorial bricks that pave the entrance to the War memorial. She said the money is to be used for maintenance and restoration of the war memorial. The Spit-n-Spat account has a balance of $28,511.83. She said that donations were collected by the City after Spit-n-Spat was vandalized. She said that these funds are to be used to maintain and repair the statues. The Ice Rink Debt Service account has a balance of $28,782.20. She said that this account is used to make debt service payments on the ice rinks, and deposits to this account consist of Music Hall rental, the Weibel rink concession stand rental, and other smaller items and was adopted by the City Council by resolution on April 15, 1997. The Knoll Spring Park account has a balance of $292,342.56. She explained that these funds are used to make debt service payments on the Knoll Spring Park bond. Deposits to this account are from tax levies assessed on residents of Knoll Spring Park, as well as water connection fees for additional development out there. She said that the residents of Knoll Spring Park are updated on the balance of this account on a quarterly basis. She said that it is estimated that in a few years the city will no longer need to assess them because there will be enough balance in the account to continue to pay the debt service until 2013. Commissioner McTygue said that this worked out well for those residents when they had water problems and a special water district needed to be established. There are three Local Law Enforcement Block Grant accounts with the following balances: LLEBG 1999 - $12,751.90; LLEBG 2000 - $64,845.44 and the LLEBG 2001 - $45,044.49. She said that these funds are wired from the federal government once the grant is approved, the grant guidelines require that funds be maintained separately. She said that with these grants, the money is given to the City up front instead of like most grants, as a reimbursement. She said the funds could only be used for expenditures outlined in the grant. The Capital Reserve account has a balance of $1,027,918.17 and was established after closing on the City Center. She said that State Finance Law required the funds to be reserved for specific purposes. She said that funds are transferred from this account after they are approved by the City Council and subsequently expended in the capital fund. She said that there have been a number of appropriations from this account, but since those projects have not been completed, the funds have not been expended from this account. Page 11 of 22 Saratoga Springs City Council Minutes March 19, 2002 The Bond Proceeds account has a balance of $160,460.65. She said that funds received from the sale of bonds must be deposited into a separate account and transferred as needed to pay for projects or debt service. She said that the balance in this account represents interest earned on previous bond proceeds. She said that the funds are used to pay for the projects until they are completed, or pay for the debt service if the project has been done and bonded. She said that the interest needs to stay in this account and cannot be used unless appropriated otherwise by the City Council. Deputy Commissioner Gillmett-Brown said that at the end of the year, these accounts appear as a reserve. She said that there might be a certain level of encumbrances, but they are classified as a fund balance reserve, since it is unknown how the money from most of the accounts is going to be spent. They are not classified as an encumbrance because there is not a particular vendor. She affirmed that these accounts are all restricted as to the utilization of these funds. Commissioner Towne asked if the LLEBG funds have a time restriction within which the money has to be expended and Christine Gillmett-Brown said that they have a life to them but the money is going to be spent within that time period. Commissioner Curley said that there are things being paid for on a yearly basis with those funds. Deputy Gillmett-Brown explained that the Subdivision Recreation fees are collected by the Planning Board and it makes it easier for accounting purposes to collect the fees in one account and transfer the $30,000 annually on March 1 into the Ice Rink Debt Service account. Report: Sales Tax Commissioner Lenz said that since June 1 is coming there is work being done to prepare for the transition out of the County tax formula. Christine Gillmett-Brown said that in 2001 they budgeted $7,748,000 for sales tax, and the final collections were $7,545,747.07 so the budget was not met for 2001. She said that the estimate might have been a little too high, but the fee collections were not as strong as they have been in the past few years partly due to the state of the economy. Deputy Commissioner Gillmett-Brown said that they are trying to work with Tax and Finance and the County Treasurer’s office to set up and get ready to begin receiving the payments from New York State. She said that Katherine Roy in the New York State Tax and Finance Office has indicated that the City will receive the first payment on June 28, the next on August 5, then begin receiving payments according to a schedule that everyone else receives payments to from Tax and Finance. Deputy Commissioner Gillmett-Brown said that the first two payments will be estimates because there will be no actual returns filed until September 20 which is when the actual figures will be available as to what is coming in for the City of Saratoga Springs. She said that the State Tax & Finance Office is going to compare the totals in September with the estimated payments the City received, make any adjustments necessary, send the final payment on October 11, and until then the City will not know what the quarterly returns are going to look like. Payments will fluctuate from quarter to quarter depending on the season. She said that the City would most likely see a Page 12 of 22 Saratoga Springs City Council Minutes March 19, 2002 fluctuation during the summer and during the Christmas season. The City is going to receive payments two times a month except for June and December where we will receive them three times a month, and only one time per month in January and July. She said she spoke to someone at the Office of the State Comptroller to set it up so that the funds would be wired to the bank in order to expedite the process, get the money sooner and enable the City to earn interest on the money quicker. She said she worked, with the Planning Office and the Accounts Department, on a street listing requested by the Tax & Finance Office and County Treasurer to recognize what areas are within the City and ensure that Saratoga Springs rather than Saratoga County is getting the payments that it should get. Commissioner Lenz said that having the money wired allows a significant amount of money to be gained. He said that these are large sums of money so there is a lot of interest that can be accumulated in a short time. He said that at least once a month he would continue to update the council. He said that since the council made the decision to leave the County formula, they should make sure that the City gets what it is entitled to, and make sure that it is done correctly. He said that this is part of the role of the Finance Office. PUBLIC WORKS DEPARTMENT Donated Gift : Back Bar (02-082) Commissioner McTygue said that the Mayor indicated earlier that if the City receives gifts, council approval is necessary. He said that his department received a phone call from a resident from Connecticut that said he has the original back bar from the Canfield Casino. Commissioner McTygue said that his office is researching the authenticity of this through the Historical Society. He said that the man is an elderly gentleman, who purchased the item a number of years ago and is moving out of the area, so he would like to donate it to the City of Saratoga Springs. Commissioner McTygue said that it is unknown at this point whether the bar is from the Canfield Casino or the Grand Union Hotel, but it would be worthwhile to send a couple of men with a truck to pick it up. Commissioner McTygue said that the gentleman needs it picked up within a few days. He said that it should be transported in an enclosed truck because the bar has a marble top and a mirror, and is twelve to fourteen feet long. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded for council approval for DPW to accept the donation of the back bar and allow for transportation to Connecticut and any expense incurred in the pickup of the bar. Ayes all Approval for Expenditure: Carousel (02-083) Commissioner McTygue said the mechanism in the Carousel is over seventy five to eighty years old. He said that when the Carousel was located at Kaydeross an operator was needed to slow the Carousel down and start it up, so the City needs a more modern way to operate the Carousel. He said that his department has made a number of phone calls to verify the experience and expertise of the individual known as the “Doctor of carousels” that people have recommended for this. Commissioner McTygue said that the man would fly here and he faxed his costs, which included $1,005 airfare and the labor expense of $485. He said that overnight accommodations for the man could be provided at no cost so the total cost Page 13 of 22 Saratoga Springs City Council Minutes March 19, 2002 would be around $1490. He said that the man would do the inspection of all of the equipment, give a referral list and a profile of what is necessary to modernize the mechanism for a more efficient way to operate it. Commissioner Thomas McTygue moved and Commissioner Stephen E. Towne seconded for council approval to expend $1490 for airfare and labor for Todd Goings for his services regarding the Carousel. Commissioner McTygue said that the money for this expenditure is in his budget. Ayes all Discussion: Funds From the County Commissioner McTygue said that he is seeking assistance to change some of the regulations pertaining to the $325,000 commitment that was made by the County on the sewage pumping stations at Ball. He said that the City expediently moved ahead with the project, put up the money and never received the funds from the County. He said that the stipulations and regulations they set were in reference to Quad Graphics who would not sign the jobs program when in fact they did do one for a State grant that they received. Commissioner McTygue said that Quad could have used the same numbers that they provided the State with for that grant. He said that this will put the City in jeopardy pertaining to the million dollars that has been committed by Senator Bruno in reference to this project because we do not have the funds to proceed with that, and this money was going to be used towards the construction of the water tower. He said that there was a commitment made, so there is a good possibility if there is bi- partisan support that the Senator might consider the utilization of that million dollars toward the City’s proposed recreational facility. He said that there are no plans and they are not prepared to move forward on the water tower, but the council is on board and excited to move ahead on the construction of an indoor recreational facility. Mayor Klotz said that this is something the council knows it wants to move on and has to figure out how to fund it. He does not know how complicated it would be to change the purpose of the money, given that they went down there and requested the money for a particular purpose. He said that the water tower is important to the County and to the City and should stay on the drawing board. Commissioner McTygue said that if the County wants to reconsider and help the City get the money they committed to the project, then certainly the City would move in that direction. He said that in the meantime, he is going to contact Senator Bruno to see what it would take for the purpose of the money to be changed, and if the money could be utilized for the parking structure or a recreational facility. He said the City does not want to lose the opportunity for this money. Vote: Release of Proposed DEIS (02-084) Doug Ward, legal counsel for the Water Source Development Project, presented and distributed a copy of the resolution that the council needs to pass to allow for the release to the public of the Draft Environmental Impact Statement. He said that this resolution was drafted at the request of Commissioner McTygue pursuant to the State Environmental Quality Review Act that allow for the circulation of the DEIS. Page 14 of 22 Saratoga Springs City Council Minutes March 19, 2002 Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded for council acceptance of the Resolution to release the Draft Environmental Impact Statement of the Water Source Development Project to the public. Doug Ward said there was a meeting with the Chamber of Commerce and Mr. Dalton requested that the public review period be six months. Doug Ward said that six months is more than enough time, and usually in the SEQR, review is 60 days. He said that there are other things going on and he does not know how they will play out. He said for example, the County is updating its Master Plan which does not fit into the DEIS, so depending on the outcome of that study, it may need to be folded into the DEIS, and this six month period gives the City time to do that. Mayor Klotz referred to a letter circulated by Joe Dalton, President of the Saratoga Springs Chamber of Commerce, which stated that the Board of Directors of the Chamber unanimously agreed that the DEIS should be released to the public with a six month time frame allowed for public review. Commissioner Towne said that he has had a lot of difficulty with this process especially trying to deal with a regulation or law and not having the background of an attorney. He said that the resolution as it is written is not one that he can support, but when the council met last Thursday, one of the things that he mentioned was that he is in complete agreement with the desire to get the document out for review and public consumption. He explained that the difficulty he has is with the portion of the resolution, which says “the City Council as lead agency determines that the information submitted is adequate with respect to scope and content for purposes of commencing public review.” He said the other difficulty he has is with the concept that, if approved, the City would be required to file a notice of completion. He said that he finds difficulty with both of these concepts when there is still a component of the process under review and analysis. He said he mentioned last Thursday that he was seeking additional input into this process and has turned to the Department of State and the Division of Local Government for additional guidance. He said he posed three questions to them about the DEIS in regards to the pending expanded review of the Upper Hudson, whether the study to be done by Clough Harbor would have a different starting point if they did not have access to the existing DEIS, and if there is a way to selectively distribute the DEIS for this type of purpose without having to accept the document for wholesale distribution to the public, and whether a rule exists as to the best way to treat a document such as this DEIS. He said he received answers to these questions at 4:45 PM today, and proceeded to distribute the copies around the council table. Commissioner Towne said that in the analysis of the questions, they looked at the items from the standpoint of SEQR and from the standpoint of the freedom of information law. He said that under the freedom of information law, it indicates that if the DEIS has been submitted to a City Office or officer, the public has the right to access the document under “foil” even if it has not been accepted by the lead agency. He said that the answer he received is a six page advisory opinion. He said the motion that has been made asks for the council to declare that the DEIS as it exists right now is adequate as to scope and content, and therefore the City would be required to Page 15 of 22 Saratoga Springs City Council Minutes March 19, 2002 file a notice of completion as a prerequisite to release the document. He said that the answer he received from the Department of State indicates that the council can release the document without having to accept the DEIS. He said that the agency in response to his questions felt comfortable enough to say that the City could place the document on its website. Commissioner Towne said he is not in favor of the motion as it is now stated but if it was recast as a motion for the release of the document without the requirements of an acceptance of the existing DEIS, he would be delighted to support it and get it out to the public. Commissioner McTygue requested that the City Attorney and Doug Ward review the document and address some of the points and information submitted by Commissioner Towne. He said that there is a process to be followed when dealing with SEQRA, and releasing the DEIS to the public without accepting it could jeopardize the legal process that has to be followed. He said that if there is any question concerning legality, it could come into play that the City presented a document that was not accepted through the procedures that are established by the Department of Environmental Conservation. Doug Ward said that he has not had the opportunity to review this information. He said that determinations such as this are very fact specific. He said that the correct response depends on the set of facts involved. He said that the facts the City Council is dealing with are that the City has prepared this as an internal document, which under SEQR is inter and intra agency pre-decisional material which is exempt from FOIL. He said he is concerned about allowing the document to leave without complying with SEQR because SEQR has very specific procedural requirements, and the steps being taken now are clearly delineated in the statute and require that the City take the type of action that is included in the resolution. He said that the concern in this is that SEQR is a procedural statute and the biggest way to invite a challenge is to make a procedural error. He said that his role in this process is to protect the record, and he is concerned that if the City allows the document out without compliance with SEQR, he does not know what that means because there is not a precedent for that in the statute. He said it could be the basis for a legal challenge in the future. He said that he understands that counsel for SLIPID and SLA has taken the position that this is an appropriate procedure, but they have publicly indicated that they might intend to sue the City in the event that the City takes certain actions, so they may not have the City’s best interest at heart in giving that advice. Doug Ward said that his interest is to protect the record and ensure that any decision that the council makes is one that is procedurally correct. Commissioner Towne said that what SLA and SLIPID is doing is not his concern and the Department of State responded to an honest request for clarification on how a community interest can be satisfied to get this document out to be reviewed and analyzed. He said that all the SEQR processes are heavily fraught with the potential for legal action and ours is no different than any other. He stated that he believes every step along the way has a purpose and for the City to be at a point to sign off as to the adequacy of the document, when part of it is still going through an expansion or review is premature. He said that treating this as an expansion or as a supplemental EIS item is not one in the same. He said that treating it as a supplemental EIS item has a different consequence than treating it as an item to be completed in the document before the City finally signs off. He said he cannot go deep into the law, but the people in the Department of State took a long time responding to his questions because of the thoroughness of their review. Commissioner Towne said that the Page 16 of 22 Saratoga Springs City Council Minutes March 19, 2002 response he received from the Department of State gives the City a way to preserve the integrity of the document until the City is ready to accept it and still comply. Doug Ward said that this throws the City into a legal limbo because the reason for giving out the DEIS is to involve the public in the process, a comment process and in public hearings, as quickly as possible. He said that the City cannot do that until they issue a notice of completion, so if the public comments or asks questions he does not know what that means. Commissioner Towne said that he would assume that those comments would be held until the DEIS was accepted. Doug Ward said that a public hearing could not be held if the DEIS were not accepted. He said releasing the DEIS without acceptance is a procedural quirk which invites confusion not only to the process, but with respect to the public. He said that once you depart from what SEQR requires, he cannot be sure that the City would be free of procedural defect. Commissioner McTygue said that what is being requested is for the City to act outside the process that has been set up, and this action could be very expensive to the taxpayer because of potential for legal challenges. He said that if the council approves the resolution and accepts the document they are not saying it is gold, they are simply releasing it to the public. He said that the public and all the agencies are going to have the opportunity to tear it apart, shoot holes in it and show where the City’s experts are wrong. He said that when the County spends the $40,000 for their study (of the Upper Hudson) it could be placed into the document, so this is the process to get that information out. He said that the City has spent over $400,000 on this process so it would really be confusing the public for the council to take the position to step outside the SEQR process. He said that the control is with the three republican votes at the table, and if the document is accepted a public hearing is held sometime in June and the process continues. He said that according to Commissioner Towne’s procedures a public hearing cannot be held, and the process can’t move forward or backward and all the money that has been spent for this process to move along under the law has been discarded. He said that to proceed in this direction is to add to the problem for the future of this City regarding its water processes. He said that a meeting with the ten largest water consumers in the City is going to be held about conserving water immediately because of the changes in the past month and what has been reported regarding the water situation in the entire northeast. He said that in three to five years, the City could be facing some serious problems with water usage. He said concerning development and in construction, the Planning Board is not going to get a recommendation from DPW for development or the influx of new industry because of the problems to be faced by the City of Saratoga Springs in terms of a water resource. He repeated that this process must be done within the SEQR requirements and guidelines set forth by DEC for this process in order to safeguard the City. Mayor Klotz commented that no one on the council is a lawyer, and this is the reason they hired a lawyer for this process. City Attorney Jeff Wait said that in reading the response to Commissioner Towne’s questions from the Department of State, there appears to be a fundamental problem with the answer in that the DOS seems to have made an assumption, which may be based upon the nature of the questions, that the DEIS was submitted by an outside applicant and the City Page 17 of 22 Saratoga Springs City Council Minutes March 19, 2002 received this document from an applicant as opposed to its own engineering consultant. He said included in Commissioner Towne’s documents is a letter of support from Bob Freeman that includes an example where an outside applicant submitted a DEIS to the legislative body for acceptance and there is discussion included about the difference between an inter and an intra agency document as opposed to a DEIS from an outside applicant. He said that there is not an inter/intra agency exception, and it seems to be the opinion of the DOS that the exception does not apply. Commissioner Towne said in response to Commissioner McTygue’s desire to move the whole process along, he does not want it lost that this process emanates from a 1988 report from DEC, so this is not something that has been moving at break-neck speed to get to this point. He said that this has multi-generation impact, and will be a source decision that will live past us. He said he is extremely sensitive in trying to work with a process that he was not involved in and does not know much about but is trying to understand. He said he is trying to find a way to release it, to give people the information they are looking for and this was a way to do it. He commented that this opinion was not frivolously prepared and he understands that Doug Ward needs time to examine it and provide guidance with respect to it. He said pertaining to the issue of whether there is a way to release the document and make it available to the public, or to any agency including Clough Harbor without accepting it: there is a way to do it and he supports that. Commissioner McTygue said that the City has hired a professional engineering firm to follow a state process and put together a document that they now want to release for public comment and scrutiny. He said that it has been explained that upon accepting and releasing the document, the council is not declaring that everything in the document is correct. He said that the council would be taking a document that they paid for, releasing it so that all the firms, engineers, and anyone else can review it, and then go to the public hearing and blow all the holes they wish into the document to show the council where all the scientific information that has been put forth in the document is wrong. He said that you can prevent this process, but accepting the resolution would get the document out to the public, otherwise he is not prepared to spend a lot of money printing a document when the guidelines that have been set forth have not been complied with. He said that he is not prepared to vacate the process because that would place the City in jeopardy. He said that his (SEQR) process may take five years but yours (Commissioner Towne’s) may end it. Commissioner Towne said that some things, some topics would transcend any politics and this is certainly one of those topics. He said that this might be one of the biggest items that the council is going to face, so he is being cautious and wants to proceed at the right level. He said that in terms of when the document might be accepted, the County has said that they would underwrite the cost of the expansion study of one of the options, and they would need forty five days to do that, but once that is done, once their thoughts are incorporated, it would be close to the point where there is nothing else left to hold up the acceptance. Commissioner McTygue said that this is a draft and does not have to be accepted, and neither does the final document. He said in the past, the County originally did a similar study with the Saratoga County Water Authority, and they came up with a concept, and not Page 18 of 22 Saratoga Springs City Council Minutes March 19, 2002 the scientific information put forth in this DEIS, and when the City’s professionals became involved they found that the concept put forth by the County was wrong. He said that all Clough Harbor is going to be doing for that amount of money is to come up with a concept. Bill McTygue said that within a letter from Clough Harbor to the Saratoga County Water Authority that outlined their scope of work and services, figures pertaining to the water usage of the City were not close to the data presented in the Executive Summary. He said that now Clough Harbor needs to come to the City to get more up to date and accurate figures so they can do a study with accurate projections. Doug Ward said that SEQR provides a process and that process should be followed. He said that the Department of State is not going to have to defend a lawsuit in creating these answers. He said that a fundamental theme of SEQR is to get the facts out to the public as quickly as possible and get public involvement. He said that this acceptance usually goes right through the process and the changes are made after the process has started and is out to the public which makes sense because you can take all the public comments and do all the changes at once. He said that SEQR advises to make the environmental determination early and get it out to the public early. He said he has never seen this kind of concern over this very preliminary issue, because when the comments come in that is when the changes are made. He said that it would be useful for the council to clarify exactly what the County is doing because it is his understanding that they were going to supplement their Master Plan which is different from what was done in the DEIS. He said he does not believe that the County is going to be considering the scientific aspects of the environmental impact of using the Upper Hudson, so the council may have a lot more work to do when that study is in, if they think it is an option that should be pursued. Commissioner Lenz said that he does not know if the council should choose to expand the DEIS now, or wait and supplement it later. He said that now they are in the midst of the process and the council is being urged to accept it without the information from the County’s report, and he would rather wait the forty-five days and have the County’s report and then vote. Commissioner Lenz said he is not opposed to eventually releasing the document so that others can come in and shoot holes in it as Commissioner McTygue said, but he wants to have the County’s information first. Doug Ward said that in regards to expanding or supplementing the document, it makes economic sense to wait for all the information to come in before deciding to expand. He said he is more comfortable with the decision to either wait to get more information and then release the document or just agreeing to release the document rather than to trying to please everyone by releasing the document without accepting it. Commissioner Curley said that in a situation where there are two distinctly opposite views at the table, both opinions should be respected. He said that with the issuance of additional information at the table, he hears from the two attorneys that the council should move carefully through every aspect of this process. He does not think that the legal counsel should be put in a position where they are reading information that was given to them at the last minute attempting to interpret it. He said that if the council is going to be cautious in order to withstand any challenges, they need to take the time to digest the new information Page 19 of 22 Saratoga Springs City Council Minutes March 19, 2002 and come back to the table with an opinion as to whether the information is valid or not. He said that it is important to move forward, but he believes the council should work towards a document that is complete. He said he would like to see a unanimous vote because this is an issue the council should be unified on. He thinks that there is some fine leadership on the Planning Board and they will know to cautiously apply control over the applications in consideration of the draught conditions that might be pending and he said that Commissioner McTygue has some control over water usage also. Commissioner Curley said that if there is a clarification needed from the County the council might want to find out about that aspect before voting on this. He said that this is one of the biggest decisions that the council will ever make regardless of political affiliation and the council should be able to work together in unison. He urged the council to use caution, be tolerant of each other and work toward a unity of decision, and give the attorneys time to digest the new information. Commissioner McTygue said that they were asked for time to bring the County in and it was done and he is prepared tonight to ask the council to vote on the resolution because it is important to the community to move the process ahead. He said that at every meeting there is going to be more information brought forth so let’s get the information out to the public. City Attorney Jeff Wait said that there has been a foil request and more are anticipated so at some point soon, certainly within 45 days, a decision is going to have to be made about these requests, because there is a possibility that either by a decision of the council or of the court that some or all of the document would have to be released. Commissioner McTygue said that there is only a certain number of documents printed for distribution to the council, and they are not going to print thousands of dollars worth of documents if they are not accepted by the City Council, so there are no documents for distribution. Mayor Klotz called the question on the motion to release the DEIS. Commissioner Towne No Commissioner Lenz No Commissioner McTygue Yes Commissioner Curley No Mayor Klotz Yes Motion to release the document fails 3 - 2 DEPARTMENT OF PUBLIC SAFETY Executive Session Commissioner Curley requested an executive session to discuss labor contracts. Discussion: Junk Cars Commissioner Curley said that last year with the addition of a second Code Enforcement Officer, they have been able to get more involved with actual code compliance with structures and buildings, which will continue. He said that they are going to continue to be aggressive regarding code compliance and be pro-active as much as possible. He said that they have made a decision to be aggressive in attempting to remove junked cars from properties. He said that a junk car is one that is unregistered, not road worthy, not Page 20 of 22 Saratoga Springs City Council Minutes March 19, 2002 insured and uninspected. He said that his department will be locating any vehicle that falls under that definition, advise the owner of the property where the car is located that they are in violation of the City’s code and ask them to remove the vehicle from the property. He said that the reasons for this include the safety issue, that it is unsightly and devalues property. He said that some properties contain a number of such vehicles where it could be challenged as to whether they are being stored or if a business involving selling cars, parts or salvage is being operated there. He said that the Code Enforcers are going to begin taking aggressive action towards these situations, present an opportunity to clear up the problem and if it does not get cleared up, appearance tickets will be issued to bring the problem into City Court to force compliance. Vote: 2002 Arts Council Rent This item was covered under the Mayor’s agenda. EXECUTIVE SESSION Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded for the council to go into executive session to discuss public safety labor contracts. Ayes all CALL TO ORDER Mayor Kenneth Klotz called the meeting back to order at 9:38. DEPARTMENT OF PUBLIC SAFETY Vote: Police Labor Contract (02-085) Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded for council approval of the PBA Police Union contract as presented, on the advice of the labor contract attorney. Commissioner McTygue said that he supports the contract but said that he thought it was agreed upon that with the increase in cost, new hires would start contributing 10% toward health insurance premiums. He said that each union should be doing this and he objects that this aspect is not part of this contract. Commissioner Curley said that the contract has savings in Health Insurance because the co- pay involves all of the employees. He said that the premium percentage savings in the DPW and CSEA contracts only involve new hires. He said that it is locked in place, a concession for ten-dollar co-pay, which allows a starting point for negotiations with other unions. He said that the significant point is for the council to get all of the unions on board paying a percentage of their premiums. Commissioner Lenz said that he hopes that they are going to be in a position that each union will be paying a co-pay and a portion toward the premiums. Mayor Klotz said that it seems that almost everyone contributes toward his or her health insurance costs nowadays. Ayes all Page 21 of 22 Saratoga Springs City Council Minutes March 19, 2002 ADJOURNMENT Seeing no more discussion, Mayor Klotz looked for a motion to adjourn the meeting. Commissioner Thomas Curley moved and Commissioner Michael Lenz seconded to adjourn the meeting. Ayes all The meeting was adjourned at 9:40 pm Respectfully submitted, Nancy Wagner Clerk Adopted: Page 22 of 22