City Council

August 25, 2010 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 2:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S) None EXECUTIVE SESSION Discussion regarding proposed, pending, or current litigation. CONSENT AGENDA None MAYOR’S DEPARTMENT None ACCOUNTS DEPARTMENT 1. Discussion and Vote: Authorization to Retain Legal Counsel to Defend the City in the Matter of Saratoga Citizen, Inc., against John P. Franck, City Clerk of the City of Saratoga Springs FINANCE DEPARTMENT None PUBLIC WORKS DEPARTMENT None PUBLIC SAFETY None SUPERVISORS None ADJOURN City Council Meeting 8/25/10 August 25, 2010 CITY OF SARATOGA SPRINGS City Council Meeting City Council Room 2:00 PM PRESENT: Scott Johnson, Mayor Ken Ivins, Commissioner of Finance Anthony Scirocco, Commissioner of DPW Richard Wirth, Commissioner of DPS EXCUSED: John Franck, Commissioner of Accounts STAFF PRESENT: Shauna Sutton, Deputy Mayor Kate Jarosh, Deputy Commissioner, Finance Michele Boxley, Deputy Commissioner, Accounts Joe Scala, City Attorney ABSENT: Tim Cogan, Deputy Commissioner, DPW Frank Dudla, Deputy Commissioner, DPS RECORDING OF PROCEEDING The proceedings of this meeting were taped for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript. CALL TO ORDER Mayor Johnson called the meeting to order at 2:01 p.m. PUBLIC COMENT Mayor Johnson opened the public comment period at 2:02 p.m. Mayor Johnson said the public comment period is limited to a total of 15 minutes and individuals are limited to two minutes each according to the rules approved in February of 2004 by the City Council. Bonnie Sellers of 73 Fifth Avenue thanked the Council for respecting the commission form of government during this trying time. She also thanked them for taking the wisdom from within themselves and transferring the petitions to legal experts to judge the petitions. There are a lot of people in town who appreciate it. Al Callucci of 9 Lexington Road congratulated Commissioner Franck for following the proper protocol regarding the petitions. He also thanked the Council for their due diligence and stated he supports the funding for legal counsel representation to address the lawsuit that appeared yesterday. Page 2 of 4 City Council Meeting 8/25/10 Mayor Johnson closed the public comment period at 2:04 p.m. Executive Session Mayor Johnson moved and Commissioner Wirth seconded to move to executive session for discussion regarding proposed, pending or current litigation; specifically the litigation titled Saratoga Citizen, Inc. versus John Franck, City Clerk of the City of Saratoga Springs at 2:04 p.m. Ayes - All Council returned from session at 2:22 p.m. Mayor Johnson stated nothing was resolved during executive session; therefore there is nothing to report to the public. Mayor’s Department Nothing at this time. Accounts Department Discussion and Vote: Authorization to Retain Legal Counsel to Defend the City in the Matter of Saratoga Citizen, Inc., against John P. Franck, City Clerk of the City of Saratoga Springs (10-265) Mayor Johnson advised in the absence of Commissioner Franck, he will be handling the Accounts Department agenda. Mayor Johnson moved and Commissioner Wirth seconded to authorize the Mayor’s Office to retain Fitzgerald, Morris, Baker, and Firth, LLC at $200 per hour to defend the City in an Article 78 proceeding. Mayor Johnson advised they have a short turnaround on this and need to be in court for a conference on Tuesday, August 31st. He also stated the City has been placed in an untenable position in being forced to respond in this regard to hire further counsel for defense based on the actions of the Citizens group. The Council has an obligation to the entire City to do what they feel is best to represent the City in this legal proceeding filed against them. All that is being done today is to make sure the City has proper legal counsel to present the issue on behalf of the City on the de-certification process issued last week by the City on the petition for Charter change. They believe the legal fees may be covered by our insurance policy; it is being submitted to our insurance carrier for indemnification of the fees. They can’t confirm this due to the need to act quickly. Ayes – All Finance Department Nothing at this time. Public Works Department Nothing at this time. Public Safety Department Nothing at this time. Page 3 of 4 City Council Meeting 8/25/10 ADJOURNMENT Mayor Johnson moved and Commissioner Ivins seconded to adjourn the meeting. Ayes – All There being no further business, Mayor Johnson adjourned the meeting at 2:24 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 9/7/10 Vote: 5 - 0 Page 4 of 4