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Thursday, November 20

No lack of controversy here...

Just when you thought the city council was banding together to find a solution to the looming budget crisis, we have trouble among the ranks.

With 18 hours remaining before the council hears the first of three proposals to develop the High Rock Parking lot into a public safety facility, parking deck, and to-be-determined commercial usage, Commissioner of Public Safety Ron Kim is demanding he be given the right to ask questions of the presenters. The commissioner released a memorandum to other council members, the parties submitting proposals and the media Thursday afternoon.

In the memorandum, he argues that it will be impossible to assess which proposal is best without the ability to ask questions.

Although the commissioner makes a very valid point, and one that has been made by other members of the council, a directive issued by the Department of Accounts, which is charged with the bid process, stated earlier today that the council members were not permitted to ask questions at tomorrow's presentation.

It will be interesting to see how this plays out tomorrow. Please see the two memorandum below.

City of Saratoga Springs

OFFICE OF COMMISSIONER OF ACCOUNTS

474 Broadway City Hall

Saratoga Springs, New York 12866

_____________________

Telephone 518-587-3550

Fax 518-587-6512

To: Mayor Johnson

Commissioner Kim

Commissioner Ivins

Commissioner Scirocco

Deputy Mayor Shauna Sutton

Deputy Commissioner Eileen Finneran

Deputy Commissioner Kate Jarosh

Deputy Commissioner Pat Design

Sonny Bonacio, Bonacio Construction

James King, Forum Industries

Andrew Sciocchetti, Yorkshire Properties

CC: Commissioner Franck

From: Deputy Commissioner Michele Boxley

Date: November 20, 2008

Subject: Development of High Rock Lots

Bid #: 2008-54

As you are all aware, the date and times have been set for the presentations for the High Rock Lots Bid. These presentations will be open to the public and the press to attend. I would like to remind everyone, however, that the times scheduled for the presentations are intended to provide the bidders time to present their ideas. This is not an interactive session; questions will not be entertained by the bidders or the City of Saratoga Springs.

Please feel free to contact me at 587-3550 ext. 543 should you have any questions.

Thank you.


Saratoga Springs

Department of Public Safety

RONALD J. KIM, Commissioner

EILEEN J. FINNERAN, Deputy Commissioner


City Hall Saratoga Springs, New York 12866

518-587-3550

To: Deputy Commissioner Michele Boxley

CC: Mayor Scott Johnson

Commissioner Ken Ivins

Commissioner Skip Scirocco

Commissioner John Franck

Deputy Mayor Shauna Sutton

Deputy Commissioner Kate Jarosh

Deputy Commissioner Pat Design

Sonny Bonacio, Bonacio Construction

James King, Forum Industries

Andrew Sciocchetti, Yorkshire Properties

Deputy Commissioner Eileen Finneran

From: Commissioner Ronald Kim

Date: November 20, 2008

Subject: Development of High Rock Lots

Bid #: 2008-54

I am in receipt of your memorandum dated November 20, 2008, a copy of which, is attached.

I think it is absolutely critical for the City Council to be able to question the presenters. It is impossible for me to fathom how we could make a determination on what is the best proposal without having this option. Moreover, it is my distinct recollection that when the first High Rock Proposal was presented there were questions asked by the Committee impaneled by Comissioner McTygue and the same occurred when the City Council met to review the proposal by BBL/LaBella Associates on the Woodlawn Avenue RFP sent out by Commissioner McCabe.

Finally, if the Accounts office still maintains, despite past City Council precedent cited above, that questions are prohibited, please provide us with the specific citation to either the City Code, and State bidding regulations or judicial opinion which supports this position prior to the meeting on Friday.

If I do not receive this information, I will assume there is no authority for the Accounts Department’s position and will proceed with my prepared questions for each respondent during Friday’s presentations.

Sincerely,

Ronald J. Kim

Commissioner of Public Safety


3 Comments:

Anonymous Anonymous said...

Who gave John Franck the right to muzzle other commissioners? Isn't public business supposed to be conducted in public? Was Franck trying to make sure nobody would upset some back room deal he was trying to arrange?

There's a distinct odor about Franck's "No Questions Asked" directive. It sure looks like he was trying to pull a fast one.

November 23, 2008 at 12:06 PM 
Blogger The Saratogian City Desk said...

On Friday, Deputy Commissioner of Accounts Michele Boxley clarified that state rules regulating bidding stipulate that the parameters of presentations must be set forth in the original request for proposals. Since the the RFP did not stipulate a time for questions, Commissioner Franck and Boxley were concerned that presenters would not be prepared for questions.

There was also a concern, in the interest of maintaining a level playing field, that each developer should face the same questions.

Still, Commissioners were given the opportunity to ask questions, and Commissioner Kim was the only one of the five to take advantage of the opportunity.

November 24, 2008 at 2:53 PM 
Anonymous Anonymous said...

Franck is wrong. The City did not solicit bids, but "propoosals." It is common for question designed to flesh out proposals and gain a better understanding.

Interestingly, Franck and Boxley have no compunction about allowing vending in Congress Park (for a McTygue protege) in violation of the City Code or hiring McTygue 'confidants.'

Franck is in deep trouble with the Democratic Committee because he has become an embarassment and a thug.

Do not expect to see him receive their endorsement.

November 26, 2008 at 5:29 PM 

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