CITY COUNCIL MEETING CITY OF SARATOGA SPRINGS, NEW YORK TUESDAY, MAY 16, 2000 CITY COUNCIL ROOM 7:00 P.M.

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1 PRESENT: Thomas Curley, Commissioner, Public Safety Kenneth Klotz, Mayor Michael Lenz, Commissioner, Finance Thomas McTygue, Commissioner, Public Works Bernard Mirling, Commissioner, Accounts CITY COUNCIL MEETING CITY OF SARATOGA SPRINGS, NEW YORK TUESDAY, MAY 16, 2000 CITY COUNCIL ROOM 7:00 P.M. OTHERS PRESENT: Phillip Klein, Board of Supervisors Representative (arr. 7:30 pm) Anthony Scirocco, Board of Supervisors Representative (arr. 7:30 pm) STAFF PRESENT: Christine Gillmett-Brown, Deputy Commissioner, Finance Carol Kennedy, Deputy Commissioner, Accounts Bob King, Deputy Commissioner, Public Safety William McTygue, Deputy Commissioner, Public Works Jeffrey Wait, City Attorney CALL TO ORDER Mayor Kenneth Klotz called the meeting to order at 7:00 p.m. PRIVILEGE OF THE FLOOR Bruce Levinsky B 63 Putnam Street Bruce Levinsky distributed information to Council members concerning the benches and planter at 63 Putnam Street. He said the benches/planter were constructed in the spring of 1999; and, unfortunately, were constructed within the City right-of-way. He said a survey was completed upon the request of the City and it was determined that there is a 9"x11"x4' encroachment. He pointed out though, that during the construction process, the City was also unaware of the property lines. He said in 1993 the City installed the sidewalk wrong and he simply followed those lines. Bruce Levinsky said he was advised by City Engineer Paul Male and Assistant City Attorney Tony Izzo that he should seek an easement from the City. He said Commissioner Thomas McTygue has stated that he, Bruce Levinsky, knowingly constructed this planter in the City right-of-way, which is not true. He said Commissioner Thomas McTygue has tried to tie this issue to another project that he is seeking approval on (pedestrian access from the west side of this building to the parking lot on Broadway). He said Commissioner Thomas McTygue requested concessions in connection with the benches/planter, but never stated what concessions he wanted. Bruce Levinsky said the issue was simple in that the planter was unknowingly constructed in the City right-of-way and he was now seeking an easement. He said this planter in no way effects the City=s utilities, it increase the value of the property, he proposes to maintain it and it is an asset to this area of the City. Bruce Levinsky said he has exhausted all possibilities with Commissioner Thomas McTygue and was now seeking a remedy from the Council. He asked the Council to grant this easement. Frank Moore B Spring Street

2 Frank Moore said there is a parcel of land between his parcel and the Tallmans on Spring Street which the City has announced that it intends to sell to the Tallmans. He informed the City that this parcel is in dispute over ownership. He said he has been at this location for 24 years and has maintained that strip of land. He said another property owner thought they had title to that land and a quit claim deed on that parcel was given to the City. He said there is a recorded deed filed with the Saratoga County Clerk=s Office showing he has ownership. Frank Moore said there have been discussions with the City as well as the Tallmans on this issue. He said he has ownership rights to this land and the City should not sell it to the Tallmans. He asked the Council to delay approval of this sale until this issue can be resolved. MAYOR=S OFFICE Recreation Department/School System Contract (00-110) Mayor Kenneth Klotz said approval was granted at the last Council meeting for the contract between the Recreation Department and the School System for the , however, a request for approval for the year was not brought forth. Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve the contract between the City and the Saratoga Springs School District in connection with the Recreation Department for Camp Saradac Director B Nancy Fontaine B Contract Approval (00-111) Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve the contract with Nancy Fontaine as the Camp Saradac Director in the amount of $5,700. Youth Parking Coordinator B Chris Signor B Contract Approval (00-112) Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded to approve the contract with Chris Signor as the Youth Parking coordinator in the amount of $3,700. Housing Authority Contract (00-113) Mayor Kenneth Klotz moved and Commissioner Michael Lenz seconded to approve the Housing Authority contract with a three percent raise. Saratoga Mentoring Program Mayor Kenneth Klotz said the Saratoga Mentoring Program had been working with the youth of that program on a recycling program for City Hall. Emily Camissa, youth participating in the program, said recycling is a good idea because it is good for the environment. She said City Hall should set the example for residents of this community. She said she was sad to report that the highest point in Albany County was the Colonie landfill. Angela Jackson, youth participating in the program, said they are proposing to place a bin next to each employees desk and near the copiers to collect the recyclable material. She said they would return in two weeks and then again in a month to empty the bins. Alyssa Slitter, youth participating in the program, said they have counted the desks and copiers at City Hall and came up with a total of 85. She said flyers will be distributed to employees detailing what is acceptable and unacceptable to recycle. Susan Shandley, representative of mentoring program, said there are three ways in which the City could choose to recycle: 1) on their own; 2) through ARC; and 3) through ENCORE. Amy Putnam, Encore representative, said Encore is one of only a few companies where 100 percent recyclable material is used for in their production. She said they use more than 10,000 tons of recyclable material each year. She informed the Council that recycling has a monetary value and Encore is willing to pay $50 for each ton the City collects. She said she was excited about this program and hoped the City

3 would participate. Mayor Kenneth Klotz thanked the representatives from the mentoring program for their presentation. He said City Hall staff is committed to recycling and conversations would continue with Commissioner Thomas McTygue on the best way to proceed. Sear Brown contract B Signal Upgrades (00-114) Paul Male said this signal upgrade includes 21 traffic signals throughout the City. He said the funding is at $860,000 with a 5 percent match from the City. He said the contract with Sear Brown will allow Sear Brown to perform all of the engineering work, specifications and oversight. Mayor Kenneth Klotz asked when this project might begin. Paul Male said if approved this evening, he anticipated beginning work in the fall. He said these signals are on Routes 9P, 9N, 29 & 50 and intersections throughout the City. Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to approve the contract with Sear Brown in connection with the traffic signals in the amount of $85,967. Commissioner Thomas Curley asked that a printout of the effected intersections be given to his department. Paul Male agreed and further noted that he had been working with Mark Benequista on this project. He said he would continue to keep Mark Benequista up to date. Proclamation B Army Birthday Month (00-115) Mayor Kenneth Klotz proclaimed June 2000 as AArmy Birthday Month@. Police Lieutenant=s Contract (00-116) Mayor Kenneth Klotz moved and Commissioner Thomas Curley seconded to approve the Police Lieutenant=s contract as submitted. Mayor Kenneth Klotz said the PBA contract was approved several months ago and this contract is quite similar to that approved contract. He said it had been reviewed by the City Attorney=s Office. Commissioner Thomas McTygue asked if the percentage increase was the same for lieutenants and the PBA. Commissioner Thomas Curley there was a three percent increase included which was similar in both, however, there was some differences in the clothing allowance, longevity and shift differentials. Commissioner Michael Lenz said this increase had been budgeted. Sarcom, Inc. B Zoning Amendment Petition (00-117) Mayor Kenneth Klotz said a petition from Sarcom, Inc., to rezone their one acre property at 393 Church Street from Rural Residential-1 (single family homes on two acre lots) to a Highway General Business District had been received. He said the applicant had requested that the Council accept this petition for study and to send it to the Planning Board for the required advisory opinion. John Lapper, attorney representing the applicant, said this parcel is adjacent to the Ash Grove Inn parcel which is already zoned Highway General Business District. He said they are asking for a simple extension by one parcel of that district. John Lapper said the applicant recently appeared before the Zoning Board of Appeals seeking a use variance on this parcel, however, the Zoning Board thought it would be more appropriate to be rezoned. John Lapper said this is an appropriate use for this parcel and there will be no negative impact to the neighbors.

4 Mayor Kenneth Klotz asked why the ZBA felt this should be a rezoning issue. Geoff Bornemann, City Planner, said one of the criteria an applicant must meet for a use variance is to show that the parcel has no characteristics in common with adjacent properties. The ZBA felt that this parcel could not meet that test. Mayor Kenneth Klotz moved and Commissioner Thomas McTygue seconded to accept the petition for study and to send it to the Planning Board for an advisory opinion. Labor Contract (00-118) Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to approve the contract with between the City and Poklemba, Hobbs & Ulasewicz on an hourly basis to handle the City=s labor affairs. Mayor Kenneth Klotz asked Jeffrey Wait if this firm would be able handle issues other than labor related issues. Jeffrey Wait said yes. Sale of City Property B Spring Street (00-119) Jeffrey Wait said the Real Estate Committee met last week and voted to recommend to the Council that the parcel located between Moore and Tallman be sold to the Tallmans for $2,000. He said it appears that this strip of land is approximately 16 feet wide. Jeffrey Wait explained that Frank Moore had sued for possession of this land and the litigation is currently pending. He said Richard Mullaney, attorney previously representing the City in this matter, proposed last August to sell half to Frank Moore and half to the Tallmans contingent upon Frank Moore ending the litigation. He said apparently Frank Moore agreed to purchasing half of the land but would not agree to stop the litigation. He said the Tallmans have asked that this issue be cleared up and they have now offered to purchase the parcel from the City for $2,000. Jeffrey Wait said the Tallmans have demonstrated a need for this parcel. He said this parcel would enable them to widen their narrow driveway. Jeffrey Wait said there has been no correspondence between Frank Moore=s attorney and the City since last summer until today. He said today=s correspondence says that Frank Moore is willing to negotiate on this matter. Jeffrey Wait said the Real Estate Committee feels it is in the City=s best interest to sell this parcel. He said there would be no impact to Frank Moore by selling to the Tallmans. He further pointed out that if the City sells this parcel to the Tallmans, the City would no longer be involved in the litigation. He said the litigation between the Tallmans and Frank Moore would continue; and if the Tallmans lose that litigation, they would not be able to come back to the City for any retribution. Jeffrey Wait said that although it appears that Frank Moore is willing to participate in an auction, he was not sure an auction would serve any purpose. He said it would be unlikely that any other individual would bid on this parcel other than these two interested parties. Mayor Kenneth Klotz asked how long this litigation had been going on. Matthew Jones, attorney representing the Tallmans, said since Commissioner Michael Lenz asked why the Real Estate Committee did not recommend selling half to each. Jeffrey Wait said the City did offer to sell half to each contingent upon Frank Moore stopping the litigation, however, he was not interested in stopping the litigation. Commissioner Michael Lenz said he was concerned about the City=s position in this litigation and potential sale. He said it was clear that Frank Moore thinks he owns the parcel and the City thinks it owns the parcel. Matthew Jones, attorney representing the Tallmans, explained that Frank Moore thinks he owns the parcel through a process known as Aadverse possession@. He said though that the City has a deed to the parcel. He explained that the Tallmans were willing to pay the City $2,000 for this parcel and then to hold the City harmless if they lose the litigation.

5 hold the City harmless if they lose the litigation. Mayor Kenneth Klotz said the City should not be wasting its time on such issues. He said by selling this parcel the City=s interest would be protected. Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded that the Council accept the recommendation of the Real Estate Committee and sell the parcel of land to the Tallmans for $2,000. Commissioner Thomas Curley asked how the City would be affected in connection with the law suit. Jeffrey Wait said the City is currently named in the suit, but after the sale of this land to the Tallmans the City would no longer have any interest in the litigation. Matthew Jones said the Tallmans were willing to indemnify the City and to hold the City harmless. Commissioner Michael Lenz asked if Frank Moore had a deed to this parcel. Frank Moore said there is a recorded boundary agreement filed in the County Clerk=s office. He said the City was given a quit claim deed to the parcel by the previous owners (Marine Midland). He said it was his understanding that Marine Midland had been paying taxes on this parcel, but they were not exactly sure they owned it. Commissioner Michael Lenz said he understood that this was a minor situation in Mayor Kenneth Klotz estimation, however, it was not a minor situation in Frank Moore=s estimation. He suggested that perhaps there be some further discussions and he was not prepared to vote on this issue this evening. Commissioner Thomas McTygue asked Frank Moore if he would be willing to stop the litigation. Frank Moore said he wants the whole parcel and he would be willing to offer the City more than $2,000. Mayor Kenneth Klotz said this issue had been around for quite some time and the City Attorney=s office would like to dispose of it. He said if the City sells the parcel, the City would no longer be involved in the litigation. He said Frank Moore=s claim would still be protected and that litigation could continue. Commissioner Thomas Curley said he was uncomfortable in selling a parcel of land that he was unsure that the City had title too. He asked what would happen if it turned out that the City did not own the parcel. Matthew Jones said the City would be offering a quit claim deed to the Tallmans with no warranty, therefore, the City would not be liable. Mayor Kenneth Klotz said this is a trivial matter that should be resolved in the courts and not by the Council. Mayor Kenneth Klotz called the question. Ayes: 3 (Commissioner Bernard Mirling, Commissioner Thomas McTygue and Mayor Kenneth Klotz); Nays: 2 (Commissioner Michael Lenz and Commissioner Thomas Curley). Motion approved. Chamber of Commerce Membership (00-120) Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded that the City of Saratoga Springs join the Chamber of Commerce. Mayor Kenneth Klotz said he was surprised to learn that the City did not belong to the Chamber. He said there were benefits such as employee training, monthly mixers, etc., that could be a good benefit to City employees. He said this would be a good show of support for the Chamber and it would only cost the City $1,000. Commissioner Michael Lenz asked exactly what was included for the membership fee. Mayor Kenneth Klotz said every employee of the City would be a member and, therefore, would have full access to Chamber events. Commissioner Michael Lenz questioned where the $1,000 would come from.

6 63 Putnam Street Easement (00-121) Mayor Kenneth Klotz moved and Commissioner Bernard Mirling seconded to grant the easement to 63 Putnam Street. Mayor Kenneth Klotz said this too was a trivial issue. He said there were two arguments for not approving this request: 1) it would set a precedent and 2) DPW has the sole authority over such issues and it is critical that DPW=s concerns be given serious consideration. He said he would prefer to see this issue resolved amicably. Commissioner Thomas McTygue clarified that he did not ask for any compensation for the City for this easement but rather that suggestion was brought forth by the Assistant City Attorney. He said the Bruce Levinsky was informed during the construction process that there was a possibility that this structure was being constructed on City lands. Mayor Kenneth Klotz said this issue was not worth the Council=s time and they should simply let it go. Commissioner Michael Lenz clarified that the Mayor was suggesting that the structure be left as is. Commissioner Thomas McTygue said the structure is located on City property. He said the Council should not grant this easement. He said Bruce Levinsky should have talked to DPW before beginning construction and not after it had been constructed. He said he was not in favor of granting this easement. Commissioner Thomas Curley said the Council has had requests such as these many times before. He said he was not sure that by granting this easement a precedent would be set. Mayor Kenneth Klotz said there have been cases in the past, but the simple solution to this matter was too leave it as is. Commissioner Michael Lenz said he was not sure a precedent would be set. He said this is a nice structure, the easement request is minor and for those reasons he would support the motion. Ayes: 2 (Commissioner Michael Lenz and Commissioner Thomas Curley); Nays: 3 (Commissioner Bernard Mirling, Commissioner Thomas McTygue and Mayor Kenneth Klotz). Motion denied. Universal Baptist Church Mayor Kenneth Klotz said there have been some serious discussions about the condition of this parcel. He said in the June 1999 report by C.T. Male, it was stated that this structure was in unsafe condition. He said along with the City and various other individuals, the Saratoga Springs Preservation Foundation had been looking into this matter. He said their analysis also shows that this building is in dangerous condition. He said there have been meetings over the last ten days with neighbors, SSPF and City officials and it now appears that the Church=s neighbors have offered the use of their facility. Mayor Kenneth Klotz said a process of condemnation must begin now that the congregation has a place to worship. He said SSPF is looking into ways that funding could be procured for renovation/rehabilitation of this church. Mayor Kenneth Klotz said again the Saratoga Springs Community has risen to the occasion in helping this congregation. Mayor Kenneth Klotz thanked Commissioner Bernard Mirling for his involvement in this matter. Commissioner Bernard Mirling said more meetings are necessary on this matter. He said they were looking into putting together a non-profit organization to work on this matter. Proclamation B Safe and Drug Free Schools Awareness Week (00-122) Mayor Kenneth Klotz proclaimed May 15-21, 2000, as ASafe and Drug Free Schools Awareness Week@. Report B Building Department

7 Mayor Kenneth Klotz reported that there has been an increase in the amount of building permit applications in recent months. He said an attempt was made to hire another building inspector, however, the person who was identified, changed his mind. He said they have since identified another individual and they hoped to have someone hired by the end of the week. He said Civil Service has given their approval to contract out some of the building inspections for a short period of time. Mayor Kenneth Klotz said these actions should shorten the delay in obtaining building permits. Mayor Kenneth Klotz said he was not yet sure how this position would be funded, but the position was necessary. He said he suspected that he would be looking at the revenue line from the building permit fees. He said he would return to the Council with a budget amendment at some point. ACCOUNTS DEPARTMENT Approval of April 18 & May 2 City Council meeting minutes Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to approve the April 18 & May 2 City Council meeting minutes with some minor amendments. Award of Bid B Chemicals Upon the recommendation of DPW, Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to award the bid for chemicals to Slack Chemical, Thatcher Co., Jones Chemical, Duso Chemical, and Holland Co. (lowest bidders meeting specifications). Award of RFP B Steel Commissioner Bernard Mirling moved and Commissioner Thomas Curley seconded to award the RFP for steel to Albany Steel for an initial order in the amount of $1, to be used for renovations at the skate park. Award of RFP B Lumber Commissioner Bernard Mirling moved and Commissioner Thomas McTygue seconded to award the RFP for lumber to Curtis Lumber for an initial order of $3, to be used for renovations at the skate park. Waive of Bid B Impact Software Upon the recommendation of the Department of Public Safety and the Records Department, Commissioner Bernard Mirling moved and Commissioner Thomas Curley seconded to waive the bid in the amount of $5,000 for IMPACT software from Admit Computer Services of Farmingdale, NY. Admit Computer is the sole source vendor for this software. Authorization for Mayor to sign State Archives RMIFG (00-123) Upon the recommendation of the Records Department, Commissioner Bernard Mirling moved and Mayor Kenneth Klotz seconded to authorize the Mayor to sign and submit the final expenditure report for the State Archives Record Management Improvement Fund Grant. FINANCE OFFICE Payroll Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the following payrolls: May 5, 2000 B $281, and May 12, 2000 B $277,

8 Warrants Commissioner Michael Lenz moved and Commissioner Bernard Mirling seconded for the approval and payment of the 2MAY20 warrant #2 through #28 as follows: General Fund $219, City Center Authority 5, Water Fund 39, Sewer Fund 6, Capital Projects Fund 5, Special Assessment District Trust Fund Debt Service Community Development 23, TOTAL $ 300, and the MC warrant #2 - #5 as follows: General Fund $ 12, City Center Authority 10, Water Fund Sewer Fund Capital Projects Fund Special Assessment District Trust Fund Debt Service Community Development TOTAL $ 24, Budget Amendments Commissioner Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the budget amendments as presented (Attachment A). Budget Transfers Commissioner Michael Lenz moved and Mayor Kenneth Klotz seconded to approve the budget transfers as presented (Attachment B). April 30, 2000, Financial Report Commissioner Michael Lenz reported that the City should be at about 33 percent of its expenditures. He said the City is right on course B at about 29 percent. Commissioner Michael Lenz said at the last meeting he distributed information on revenues. He suggested he might do that on quarterly basis. Mayor Kenneth Klotz said that information was useful. Commissioner Thomas McTygue asked when Commissioner Michael Lenz might bring forth recommendations on lowering the debt. Commissioner Michael Lenz said the capital register, which falls under the Mayor, needs to have some discussion before recommendations can be made on paying down the debt. Commissioner Thomas McTygue said Commissioner Michael Lenz has said many times that the debt needs to be brought down and he said he would like to see recommendations on bringing it down. Commissioner Michael Lenz said because of the interest that is generated on these funds, in some cases it might not be wise to pay down some of the debt. Commissioner Thomas McTygue said he would like to see a list of interest is being generated. Mayor Kenneth Klotz said perhaps once a preliminary assessment was completed, they would be in a

9 better position to make recommendations to the Council. Commissioner Michael Lenz said much depends on the assessment roll. Commissioner Thomas McTygue said Commissioner Michael Lenz has continually talked about lowering the debt limit and he would like to see that happen. He reminded the Council that there are some projects that need to be done and the Council needs to make a significant commitment to the City. Charter Review Commissioner Michael Lenz said he would like to be able to submit a list of three individuals to the Mayor for appointment to the Charter Review Commission. He said there should be equal representation on this committee. Mayor Kenneth Klotz said he would like a list of between six and eight names from each Commissioner which he would review and then appoint from. He said he wanted to reserve the authority to appoint this commission and he would appoint a fair and balanced commission. He said he was not ready to commit to Commissioner Michael Lenz=s request. He said when he received the list of names from the Commissioners, he would be in a better position to make that call. Commissioner Michael Lenz said all Council members have the best interest of the City and its charter in mind and he understood that Mayor Kenneth Klotz has the authority to appoint these members, however he simply was asking that all Council members be allowed to bring forth three names for appointment to the commission. Commissioner Michael Lenz moved and Commissioner Thomas Curley seconded that Council members submit three names to the Mayor and that those individuals be appointed to the Charter Review Commission. Mayor Kenneth Klotz said the law specifically permits him to make these appointments and he would oppose this motion. He said he wanted more flexibility than what Commissioner Michael Lenz was offering. Commissioner Thomas Curley said he did not think that this motion was a challenge to Mayor Kenneth Klotz=s authority, but rather it was simply more fair to have each Council member bring forth three names. Commissioner Michael Lenz said he was not challenging Mayor Kenneth Klotz=s right to appoint the individuals to this commission. Mayor Kenneth Klotz said there are many boards and commissions throughout the City and the law gives him the specific authority to make appointments to those boards. He said he would use the suggested individuals of the Council members for appointment to that Commission. Commissioner Thomas McTygue called the question. Ayes : 2 (Commissioner Michael Lenz and Commissioner Thomas Curley; Nays: 3 (Commissioner Bernard Mirling, Commissioner Thomas McTygue and Mayor Kenneth Klotz). Motion denied. Commissioner Michael Lenz asked when the Mayor would like the list of names submitted to his office. Mayor Kenneth Klotz said as soon as he got the names he would make the appointments. He said if the names were received relatively soon, those appointments could be made at the next meeting. DEPARTMENT OF PUBLIC WORKS Excelsior Avenue Sanitary Sewer

10 Commissioner Thomas McTygue said the City has negotiated a settlement with the Town of Wilton Water & Sewer Authority for $12,000 to do the inspection of the Excelsior Avenue sewer and the necessary remedial work to ensure that a sanitary sewer spill will not occur in the Village Brook. He said $5,000 will go to the City Engineer=s office. Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded for the authorization for Kubricky Construction to install 60 lineal feet of sanitory sewer, remove the existing manhole and bulkhead and old sanitary sewer line in two locations. He said the work will also include the connection of a lateral on Excelsior Avenue to the above noted main. He said the cost of this work is $7,000 and there is no budget impact. Waive of Bid B Power Lift Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to confirm the previous approval by memo to waive the bid to Hertz Company in the amount of $1,800/month for a power lift rental. Waive of Bid B Compost Screen Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to confirm the previous approval by memo to waive the bid to Lyons Company for the rental of a screen machine at the cost of $4,500/month. Waive of Bid B Skid Steer Loader and Cold Planer Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to waive the bid to Rupp Rental for a skid steer loader and cold planer in the amount of $2,890/month. Waive of Bid B Bob=s Trees Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded to waive the bid to Bob=s Trees in the amount of $1,877. Riverside Fab Company B Change Order Commissioner Thomas McTygue moved and Commissioner Thomas Curley seconded to approve the change order to Riverside Fab Company in the amount of $8,600. The Fort Miller Company B Hold Harmless Agreement Commissioner Thomas McTygue moved and Commissioner Kenneth Klotz seconded to authorize the Mayor to sign a hold harmless agreement with The Fort Miller Company in connection with the donation of materials to be used at the skate park. Car Lease B Renew Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to renew the car lease with the Bank of America for the 1995 jeep for an additional two years at $247/month. Ice Rink Capital Account (00-124) Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to authorize that the amounts set aside in 1999 & 2000 for the Ice Rink Capital Accounts be increased from $10,000 to $25,000 and those funds be set aside as proposed. Street Acceptance B Care Lane and Vista Drive (portion) (00-125) Commissioner Thomas McTygue moved and Mayor Kenneth Klotz seconded that Chapter 201, Section 201-1, Appendices B&D, entitled Street Naming and Numbering, be amended to include Zones B&D the following public street as follows:

11 following public street as follows: Care Lane (Church Street to end) West: 1-7 South: 2-6 Vista Drive (Arrowhead Road west for 200 feet) North: South: DPW Auction Commissioner Thomas McTygue reported that the annual DPW auction will take place on Saturday, May 20 starting at 9:00 a.m. He said there will be many items such as trucks, plows and misc. items included in this auction. He said cash or certified check only will be accepted. He said items may be viewed on Friday, May 19 from 10:00 a.m. to 12:00 p.m. Commissioner Bernard Mirling asked for a list of the items to be auctioned. Commissioner Thomas McTygue said he would make that list available. Trees Commissioner Thomas McTygue said they had just finished the planting season with more than 100 trees being planted. DEPARTMENT OF PUBLIC SAFETY Set Public Hearing B Truck Fines Commissioner Thomas Curley requested that a public hearing be set for June 6 at 6:50 p.m. for discussion on an amendment to the fines and penalties ordinance. Council members agreed. Waive of Bid B K-9 Equipment Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to waive the bid to Ray Allen Manufacturing in the amount of $1, for a cage for vehicles to transport the K-9 unit. He said there would be no budget impact because it was funded through a grant. Authorization for Mayor to sign STOP DWI Grant (00-126) Commissioner Thomas Curley moved and Mayor Kenneth Klotz seconded to authorize the Mayor to sign the STOP DWI Grant contract. He said the City would be reimbursed $36,000 by the County. Caroline Street Block Party Commissioner Thomas Curley said because of the incidents which occurred at the recent block party, both John Baker, Gaffney=s Restaurant, and Dale Easter, Professor Moriarity=s, have requested to appear before the Council this evening. John Baker said there were some obvious problems at the block party but he encouraged the Council to not make any immediate decisions. He said the members of the Caroline Street Association would like to make some recommendations to the Council on this matter. He pointed out that there is an economic benefit to the City from the event and he hoped that there could be some discussions before the Council stopped this event. Commissioner Thomas Curley said he was quite concerned because of the incidents which took place during the block party. He said there was a lot of drinking and partying going on all day and his concerns have continued to increase when reading the police reports that are still coming in. He said this whole block party event needed to be looked at very carefully before the City authorizes another. He said they were concerned that the private security individuals were released too early and informed Council members that 15 off duty police officers had to be called in that evening to help keep things under

12 control. He said there was total disregard for the community from those participating in this event. Mayor Kenneth Klotz asked about emergency procedures. Commissioner Thomas Curley said there are emergency procedures in place and they have been used before. He said he would rather that this City not be know for this type of event. He said it started as a family event, but turned ugly as the evening went on and the families went home. He said he was not sure his department would authorize an event such as this again. Mayor Kenneth Klotz asked which departments were involved in giving authorization. Commissioner Thomas Curley said his department, DPW and the Accounts Department. Commissioner Thomas McTygue said he is always glad when this event is over. He said this type of behavior did not just happen this year. He said he would like to see the reports from the police department. He said it was his understanding that there were problems at the hospital emergency room. He said events such as these need to stop. He said there were incidents of patrons of bars handing beer over the railings to others and the owners of these establishment cannot simply claim that they could not control it. He said this was a very serious situation which needed to be reviewed in detail. He said when this event began it was a family event, however, it has turned into something else. Commissioner Thomas Curley said there were reports of fights at the hospital, people on the scaffolding at the Borders building throwing bottles, motor cycles speeding up and down Broadway, etc. He said this entire event needs to be revamped and the alcohol needs to be de-emphasized. Mayor Kenneth Klotz pointed out that there was a small convention in the City on that weekend (scientists) and events such as these could do a lot of damage to the image that this City wants to project. He said he was concerned about the message this sends to visitors. Commissioner Bernard Mirling said the event this year was simply out of control and unacceptable. He agreed that drastic changes were needed. He said the Caroline Street Association needed to make some convincing arguments to the Council for this event to be continued. Commissioner Bernard Mirling said he had heard from people attending this event that it was like ALake George@. Commissioner Michael Lenz agreed that at one time this was a family event, however, it was no longer that way. He said it was obvious to him that alcohol was the source of the problem. Dale Easter, Professor Moriarity=s, said this event has grown over the years and there are many more establishments in this Caroline Street area than when the event started. He pointed out that many improvements have been made in this area because of the proceeds from this event. He said they want to continue to do some in good in this area and they were willing to cooperate with the City and the Chamber. He said he too agreed with the ALake George@ analogy. Mayor Kenneth Klotz asked if the radio stations were advertising this event of their own volition. Dale Easter said advertising such as through the radio is no loner necessary for this event. He said generally speaking people simply know this event and when it takes place. Commissioner Bernard Mirling said he did not mean to be critical of the Caroline Street Association and of all the good that it does, but this event needed to be looked at very closely before approvals are granted again. Commissioner Thomas Curley said once he has had an opportunity to review all of the information, he will distribute it to Council members. Commissioner Thomas McTygue said the merchants in this area must take some responsibility for the incidents which occurred during this event. John Baker said they were. Commissioner Thomas Curley said once he had reviewed all of the information, he would make

13 recommendations to the Council. Truck Enforcement (00-127) Commissioner Thomas Curley said he wants to expand the role of the traffic department and to that end was proposing that two additional staff members be trained in truck enforcement procedures. He said by training two staff members that department would be increased to four. Unfortunately, though, by training these two staff members that would reduce the regular patrol. He said he was proposing that these positions in the truck enforcement be funded through the fines levied on the trucks. He said they intend to have a strong truck enforcement policy in the City. Commissioner Thomas Curley moved and Commissioner Bernard Mirling seconded to authorize Commissioner Thomas Curley to go to the Civil Service Commission and request two additional persons for the police department in order to increase the traffic division. Commissioner Michael Lenz asked where the funding would come from. Commissioner Thomas Curley said it would come from the revenues produced by the fines levied on the trucks. He said he anticipated the salaries to be approximately $30,000. He said these funds could be budgeted next year. Mayor Kenneth Klotz asked about the fines. Commissioner Thomas Curley said the fines can be quite substantial ranging from $50 to $2,700 for overweight vehicles. He said he intends to send a message to drivers and trucking companies that their trucks must be safe when driving through this City Commissioner Thomas McTygue said he could not support this motion. He said he was forced to make significant cuts in his budget this year and now because there appears to be a surplus Commissioner Thomas Curley is requesting additional employees. He reminded Council members that at the last meeting he was told there was no money for him to buy chairs for the Casino and he should find that money from within his budget. Commissioner Thomas Curley said it was his intention that the revenues generated from these fines will be dedicated to enforcement. He said it was his hope that the two would balance. Commissioner Michael Lenz clarified that the funds for these positions would be found from within the DPS budget. Commissioner Thomas Curley agreed. Mayor Kenneth Klotz said enforcement was necessary but he was concerned about opening APandora=s box@. He said, though, he would support this motion. Commissioner Thomas McTygue pointed out that DPS already receives assistance from several agencies when it comes to truck enforcement procedures. He said there was no need to create two new positions in this department. Ayes: four; Nays: one (Commissioner Thomas McTygue). Motion approved. Waive of Bid B Admit Computer Services Commissioner Thomas Curley moved and Commissioner Michael Lenz seconded to waive the bid to Admit Computer Services for police management software for photo imaging at $4,770. He said Admit Computer Services is the sole source vender for this product. Waive of Bid B Police Department Booking Area Commissioner Thomas Curley moved and Commissioner Bernard Mirling seconded to waive the bid to Legere Company in the amount of $7, to secure the booking area. He said this was budgeted within the capital budget. Other Commissioner Thomas Curley commended the Police Department for its quick action during the recent child abduction case. He said there was a lot of good police work in making an arrest in this case.

14 ADJOURNMENT Commissioner Thomas McTygue moved and Commissioner Bernard Mirling seconded to adjourn the meeting at 9:35 p.m. There being no further business, Mayor Kenneth Klotz adjourned the meeting at 9:30 p.m. Respectfully submitted, Kathy Moran Clerk Approved: