City Council

March 6, 2012 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:50 P.M. – Stop Sign on Glenmore Avenue 6:55 P.M. – Amend 2012 Capital Budget for Water Treatment Plant Filter Upgrade 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S) EXECUTIVE SESSION: Discussion regarding personal private information of a person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a person or corporation. CONSENT AGENDA 1. Approval of 1/17/12 City Council Minutes 2. Approval of 1/31/12 Workshop Minutes 3. Approval of 2/2/12 City Council Minutes 4. Approve Budget Amendments (Increase) 5. Approve Budget Transfers - Regular 6. Approve Budget Transfers - Revenue 7. Approve Payroll 2/24/12 $426,884.04 8. Approve Payroll 3/02/12 $405,602.82 9. Approve Warrant 2011 Regular 11DEC7 $81,369.45 10. Approve Warrant 2012 MID 12MWFEB3 $109,035.12 11. Approve Warrant 2012 Regular 12MAR1 $1,486,538.16 MAYOR’S DEPARTMENT 1. Discussion and Vote: Acceptance of 3 in 1 Table Donation for Recreation Center 2. Discussion and Vote: Acceptance of Sponsors for Basketball Teams 3. Announcement: Camp Saradac Registration 4. Announcement: 2012 Spring Registration 5. Presentation & Set Public Hearing: Citizen Advisory Committee Recommendations for 2012 CDBG Funding 6. Discussion and Vote: Appointment to the City Center Authority Board 7. Appointment: Saratoga Community Advisory Board for the Saratoga Race Course ACCOUNTS DEPARTMENT 1. Discussion: Comptroller’s Audit of Assessments 2. Award of Bid: Extension of Bid for Material Trommel Screen to Emerald Equipment Systems 3. Discussion and Vote: Approval of Commissioner of Deeds 4. Set Public Hearing: Zoning Text Amendment for All TRBD Zoning Districts Including 11 and 15 Maple Dell City Council Meeting 3/6/12 FINANCE DEPARTMENT 1. Discussion and Vote: Budget Amendments – Capital Budget – Water Treatment Plant Filter Upgrade 2. Discussion and Vote: Budget Amendments - Benefits 3. Discussion and Vote: Budget Transfers – Payroll, Benefits 4. Discussion: City Web Site Survey PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Accept Donation for Senior Citizen Center 2. Discussion and Vote: Authorization for the Mayor to Sign an Agreement for Replacement of Sternberg Street Light Post 3. Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Greenridge Cemetery Association 4. Discussion and Vote: Authorization to Pay Voucher 5. Set Public Hearing: 2012 Water & Sewer Rates PUBLIC SAFETY 1. Discussion and Vote: Authorization for the Mayor to Sign the PBA Lease Agreement for 2012 - 2013 2. Set Public Hearing: To Amend Section 225-71, Schedule VI of the City Code, School Speed Limits 3. Announcement: Submission of 2011 Public Safety Annual Report 4. Announcement: State Street Parking Regulations 5. Discussion: Baseline Drug Testing for New Hires in the Fire Department SUPERVISORS Joanne Yepsen 1. County Board of Supervisors Meeting 2. Albany Visit with State Representatives 3. Saratoga Arts Fest 2012 Matt Veitch 1. February County Board Meeting 2. County Budget Review Committee 3. Meeting with State Legislators ADJOURN Page 2 of 12 City Council Meeting 3/6/12 March 6, 2012 CITY OF SARATOGA SPRINGS City Council Meeting City Council Room PRESENT: Scott Johnson, Mayor Michele Madigan, Commissioner of Finance John Franck, Commissioner of Accounts Anthony Scirocco, Commissioner of DPW Christian Mathiesen, Commissioner of DPS Matthew Veitch, Supervisor Joanne Yepsen, Supervisor STAFF PRESENT: Shauna Sutton, Deputy Mayor Lynn Bachner, Deputy Commissioner, Finance Sharon Kellner-Chille, Deputy Commissioner, Accounts Tim Cogan, Deputy Commissioner, DPW Eileen Finneran, Deputy Commissioner, DPS Joe Scala, City Attorney 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. PUBLIC HEARING Stop Sign on Glenmore Avenue Mayor Johnson opened public comment period at 6:52 p.m. Commissioner Mathiesen stated this will be on his next agenda for discussion and vote. He plans to temporary restrict traffic flow direction on Glenmore Avenue, southbound only from Grand Avenue to West Circular Street. This plan will have a 6 month evaluation period and notice will be provided to neighbors. This public hearing is to make an all-way stop where Circular Street intersects with Glenmore Avenue. Kate Jarosh of Callagan Drive stated she wanted to confirm if it was a change of direction. She askedwhat the enforcement will be like. The bigger issue is West Circular Street; it is a speedway for the kids in the morning. Making the direction one way will send traffic further into the neighborhood. Page 3 of 12 City Council Meeting 3/6/12 Commissioner Mathiesen stated the idea behind the stop sign is to tone down the traffic and speed. We think having a 3 way stop will help. Kate stated there needs to be more enforcement. Mayor Johnson closed the public hearing at 6:56 p.m. Amend 2012 Capital Budget for Water Treatment Plant Filter Upgrade Mayor Johnson opened public comment period at 6:56 p.m. Commissioner Scirocco stated the 2012 Capital Budget has included $825,000 for improvements at the water treatment plant. The capital budget needs to be amended to increase by $840,000 in order to bid the contract. Tim Wales, city engineer, stated they are proposing to amend the budget to perform an upgrade of the filtration at the Water Treatment Plant. The estimate was in excess of the amount originally put in the capital budget. He explained this plant treats our main water sources. There are 4 multi-media filter beds with several layers of materials and a backwash system. The proposed upgrade is a result of the filters being 44 years old and the average life span is 15 – 20 years. The media is not effective anymore; they will replace that along with the filters, pipes, valves, and controls. They are at a point where they can’t go on any longer. The final cost is estimated at $1.665 million. If this passes, they want to get this out to bid as soon as possible and have 2 filters replaced by the time track season rolls around. The waterplant operators have done a great job keeping things flowing with the condition of the system. Pat Kane of 19 Marion Place stated with all this construction going on; would this be the appropriate time to appropriate money for a back-up generator at the water plant. Commissioner Scirocco stated it is in the 2013 capital budget. Commissioner Franck asked if it would be cheaper to move the generator project up a year. Commissioner Scirocco stated this project will take about a year and they have a couple projects going on at one time. They are under mandate by the Department of Health to get this done. Remijia Foy of 95 Oak Street asked where the funding is coming from as the water fund is separate from the general fund. How will this $1.6 million impact the water rates as they have been going up? If you have a surplus in the water fund can it be used to offset this project? Commissioner Scirocco stated there is no surplus in the water budget. They are working to get into the black. The only place it can come from is the water budget. Remijia Foy suggested they focus on the major users as the average homeowner is paying much more for 1,000 cubic feet of water than the major users and it isn’t fair. Al Callucci of 9 Lexington Road stated every time you increase the water rate that almost doubles as the sewer rate is based upon the water. Commissioner Scirocco stated the rates in the City are still cheap compared to the surrounding towns/cities. Mayor Johnson closed the public hearing at 7:15 p.m. CALL TO ORDER Page 4 of 12 City Council Meeting 3/6/12 Mayor Johnson called the meeting to order at 7:15 p.m. PUBLIC COMENT 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. Mayor Johnson opened the public comment period at 7:16 p.m. Bonnie Sellers of 73 Fifth Avenue told a story about how she was in an accident with an ambulance where the ambulance ran into the back of her vehicle. She was informed by the police that there was no attempt by the ambulance driver to stop as he was high on drugs. She mentions this because she is in favor of the random drug testing and she hopes that will be brought back to the Council table for a vote. Al Callucci of 9 Lexington Road stated he read the billing contract for the ambulance service and found 2 clauses that he has concern with. Who makes the decisions regarding who is turned over to a collection agency? We need a contract with the proper verbiage or we need to explain this one. John Tighe of Rowland Street, Milton stated if he needed an ambulance tonight he hopes he gets picked up by Empire he will not be balanced billed. Also, he knows the drivers of Empire are drug tested; he doesn’t know that of Saratoga Springs. Remijia Foy of 95 Oak Street stated she wants to address a 9 month old issue. While surfing the T.V, she came upon channel 508 and they were running the 2/2/12 meeting which featured Eric Weller of the SSHA. As she watched the program, she became aware that Mr. Weller or Mr. Brunelle failed to show any sympathy for those people in that housing project. We have not had any answers that are credible reasonable or rational in regards to the delay of addressing the bed bug issue and no response to how they hire. The Council has been silent on this except for Commissioner Franck who had the insight to bring the board forward. It is time for action on part of the City Council; therefore, she provided a letter to the mayor yesterday that the Council regarding change that the Council could employ. She presented a letter for the record. Article 3, section 32 of the public housing law is clear regarding officer and employee compensations. She also followed up on the removal of any board member of the SSHA for cause. Page 23 of the SSHA policy handbook states abuse, mistreatment, or neglect of a resident may be cause for immediate dismissal. What has happened over the last 9 months meets the criteria. She has been a supporter of the mayor but if he doesn’t act, he will be blamed for crating a culture of un-touchability and neglect at the Housing Authority. Mayor Johnson stated 2/7/12 a request was made of the City Attorney Office to provide legal opinion as to what the City can do regarding intervening at the Housing Authority. He is being assured we will have something within the week. Pat Kane of 19 Marion Place stated he recognizes that there will be movement towards the improvement of the City’s website; he applauds them for that. The rent being received by National Grid for the Weibel Avenue site does not have a revenue line item in the budget; the same goes for the Time Warner contract. There is a significant reserve fund for the Waterfront property; approximately $200,000. The Recreation Center is concerning him the most as the fire alarm system is working there on a regular basis. If that is the case, the building should be shut down; as you would any other building in Saratoga Springs. Also, something should be done with Weibel Avenue / Gilbert Road intersection; it is dangerous. He also Page 5 of 12 City Council Meeting 3/6/12 advised the City Center was abandoned for a polling place with the construction there; he would like to see that location be put back. Commissioner Madigan stated she has made a request of the Fire Department to determine if there is an issue with the fire alarm but has not received a response. Mayor Johnson closed the public comment period at 7:44 p.m. CONSENT AGENDA Mayor Johnson moved and Commissioner Madigan seconded to approve the consent agenda as follows: 1. Approval of 1/17/12 City Council Minutes 2. Approval of 1/31/12 Workshop Minutes 3. Approval of 2/2/12 City Council Minutes 4. Approve Budget Amendments (Increase) 5. Approve Budget Transfers - Regular 6. Approve Budget Transfers - Revenue 7. Approve Payroll 2/24/12 $426,884.04 8. Approve Payroll 3/02/12 $405,602.82 9. Approve Warrant 2011 Regular 11DEC7 $81,369.45 10. Approve Warrant 2012 MID 12MWFEB3 $109,035.12 11. Approve Warrant 2012 Regular 12MAR1 $1,486,538.16 Ayes – All MAYOR’S DEPARTMENT Discussion and Vote: Acceptance of 3 in 1 Table Donation for Recreation Center (12-59) Kathy Lanfear of the Recreation Department explained this donation is from Robert Fuller and valued at $650. This 3 in 1 table includes pool, air hockey, and ping pong. Mayor Johnson moved and Commissioner Scirocco seconded to accept the donation as described. Ayes - All Discussion and Vote: Acceptance of Sponsors for Basketball Teams (12-60) Kathy Lanfear advised these are the last of the sponsors for the basketball team; Saratoga Eagle, Chris Hart, and Saratoga Firefighters. Mayor Johnson moved and Commissioner Madigan seconded to accept the sponsors as described. Ayes - All Announcement: Camp Saradac Registration Kathy Lanfear stated City resident registration will begin on March 12 and March 26th for all other residents. Registration is based upon a first come first serve basis. Registration will end May 4, 2012. General camp runs from July 2nd through August 17th. Announcement: 2012 Spring Registration Page 6 of 12 City Council Meeting 3/6/12 Kathy Lanfear stated registration will end on March 18, 2012. The forms can be downloaded from the City’s website. Presentation & Set Public Hearing: Citizen Advisory Committee Recommendations for 2012 CDBG Funding Bradley Birge from the Planning Department stated the City qualifies as an entitlement community according to the U.S. Department of Housing and Urban Development. The applications were collected at the end of January and a 12 member volunteer group met several times to evaluate each request and to rank them. They are being presented to the Council for their review and vote. The program year begins July 1st. They have $346,816 available. He introduced Richard Ferguson, the chair of the group. Mr. Ferguson stated they had the opportunity to give away $346,000 but had requests for $425,000. They are pleased with their recommendations and feel they are a good mix and there are some first time recipients. He listed the following recommendations: Domestic Violence Rape Crisis Center for $10,000, Catholic Charities Mentoring Program for $10,000, Saratoga County Economic Opportunity Council for $8,000, Legal Aid Society for Homelessness Prevention for $8,000, Mother Susan Anderson Emergency Center (utility and program costs) for $5,000, Mother Susan Anderson Emergency (facility improvements) for $15,000, Literacy New York for $4,000, City of Saratoga Springs (citywide housing rehabilitation program) for $75,000, City of Saratoga Springs DPW (improve City Center’s boiler and replace windows) for $47,418, Recreation Department of the City of Saratoga Springs (playground equipment) for $36,969, City of Saratoga Springs DPW (infrastructure improvements) for $20,000, Universal Preservation Hall for $17,599, Franklin Community Center for $14,830, Rebuilding Together for $10,000, and Program Administration for $65,000. A public hearing was set for March 20, 2012 for 6:45 p.m. Discussion and Vote: Appointment to the City Center Authority Board (12-61) Mayor Johnson appointed Shelby Schneider to the City Center Authority Board. Her term will end 2/15/18. Mayor Johnson moved and Commissioner Franck seconded to appoint Shelby Schneider to the City Center Board. Ayes - All Appointment: Saratoga Community Advisory Board for the Saratoga Race Course Mayor Johnson re-appointed George Carlson, William Wilmott, John Carusone, Cynthia Hollowood, and Michele Funicello to the Saratoga Community Advisory Board for another 2 years. ACCOUNTS DEPARTMENT Discussion: Comptroller’s Audit of Assessments Commissioner Franck advised that on February 29th, the Assessment Office was audited by the Comptroller’s Office to determine if the City is sufficiently screening applicants of School Tax Relief (STAR) exemptions for year 2010. We met with an examiner and the principal examiner for less than 2 hours. They reviewed 16 files/applications and no deficiencies were noted at the time. We were advised that they will be issuing a report of generic findings comprised from the audits performed at all the municipalities they audited. Award of Bid: Extension of Bid for Material Trommel Screen to Emerald Equipment Systems (12-62) Page 7 of 12 City Council Meeting 3/6/12 Commissioner Franck moved and Commissioner Scirocco seconded extend the bid for the Material Trommel Screen to Emerald Equipment Systems for an additional year under the same terms and conditions. Ayes - All Discussion and Vote: Approval of Commissioner of Deeds (12-63) Commissioner Franck moved and Commissioner Madigan seconded to appoint the list of people previously distributed to the Council as Commissioners of Deeds. Ayes - All Set Public Hearing: Zoning Text Amendment for All TRBD Zoning Districts Including 11 and 15 Maple Dell Commissioner Franck advised that at the January 17, 2012 City Council meeting, the Council voted to send 11 & 15 Maple Dell back to the City Planning Board for further consideration of the proposed zoning map amendment with greater public input notification for the residents or businesses on Maple Dell as well as for consideration of whether a proposed text amendment would be more appropriate. The City Planning Board discussed the 2 proposed considerations for an advisory opinion at their January 25th, February 6th, and February 8th meetings. An advisory opinion has been returned to the City Council regarding the proposed zoning map amendment and the proposed text amendment. The next step is to set a public hearing. According to the Zoning Ordinance, written notice of the hearing must be given at least 30 days prior to the scheduled hearing; therefore I am requesting a public hearing be set for the City Council meeting of April 17, 2012 at 6:50 p.m. Commissioner Franck set the public hearing for April 17, 2012 at 6:50 p.m. FINANCE DEPARTMENT Discussion and Vote: Budget Amendments – Capital Budget – Water Treatment Plant Filter Upgrade (12- 64) Commissioner Madigan moved and Commissioner Scirocco seconded to approve the 2012 budget amendment, capital budget, previously distributed with the agenda. Roll Call: Commissioner Franck – Aye Commissioner Madigan – Aye Commissioner Scirocco – Aye Commissioner Mathiesen – Aye Mayor Johnson - Aye Discussion and Vote: Budget Amendments – Benefits (12-65) Commissioner Madigan moved and Commissioner Scirocco seconded to approve the 2012 budget amendments – benefits previously distributed to the Council. Roll Call: Commissioner Franck – Aye Commissioner Madigan – Aye Commissioner Scirocco – Aye Commissioner Mathiesen – Aye Mayor Johnson – Aye Page 8 of 12 City Council Meeting 3/6/12 Discussion and Vote: Budget Transfers – Payroll, Benefits (12-66) Commissioner Madigan moved and Commissioner Scirocco seconded to approve the 2012 budget transfers - payroll that was previously distributed. Ayes – All Commissioner Madigan moved and Commissioner Franck seconded to approve the 2012 budget transfers - benefits that were previously distributed. Ayes - All Discussion: City Web Site Survey Commissioner Madigan stated the City’s website is a work in progress. The most recent redesign of the website was 2009. Finance is seeking input from the public inside and outside City Hall. She encouraged input and response to improve the website. Commissioner Franck stated having some type of application for a phone or Ipad, Facebook would be helpful. Another item to think about is text alerts for snow emergencies; people should also be allowed to pay taxes on line. He also suggested a summary or bridge program of payroll, budgets, etc. We can also consider an advertising mechanism for revenue to offset costs. Mayor Johnson stated the Visitor Center web site has the user applications. It is well received, and inexpensive to do. PUBLIC WORKS DEPARTMENT Discussion and Vote: Accept Donation for Senior Citizen Center (12-67) Commissioner Scirocco stated the Senior Center recently received $60,000 for a carport. Lois Celeste is here to explain. Lois Celeste stated she has been with the Senior Center for about a year and a half. The Alfred Z. Solomon charitable trust donated the money to build the carport. They also received $10,000 to enclose the front walkway and add a handicap door. Commissioner Scirocco moved and Commissioner Franck seconded to accept the $60,000 for the carport on behalf of the Alfred Z. Solomon trust. Ayes – All Commissioner Scirocco moved and Commissioner Madigan seconded to accept a donation from the Golub Corporation in the amount of $10,000 for the Senior Center. Ayes – All Discussion and Vote: Authorization for the Mayor to Sign an Agreement for Replacement of Sternberg Street Light Post (12-68) Commissioner Scirocco stated this is for replacement of a Sternberg light on private property. This is for the removal and installation of the light. Commissioner Scirocco moved and Commissioner Mathiesen seconded to authorize the mayor to sign an agreement with David Brause at 307-341 Broadway to remove and replace a Sternberg street light pole in the amount of $1,918.68. Page 9 of 12 City Council Meeting 3/6/12 Ayes - All Discussion and Vote: Authorization for the Mayor to Sign an Agreement with Greenridge Cemetery Association (12-69) Commissioner Scirocco stated this is an annual agreement between the City of Saratoga Springs and Greenridge Cemetery. Commissioner Scirocco moved and Commissioner Mathiesen seconded to authorize the mayor to sign an agreement with Greenridge Cemetery in the amount of $20,000. Commissioner Scirocco stated the line item is A3638814/54720. Mayor Johnson stated for the record that the Deputy Mayor Sutton is treasurer and secretary of the board for Greenridge Cemetery. Ayes - All Discussion and Vote: Authorization to Pay Voucher (12-70) Commissioner Scirocco advised this voucher is for the emergency replacement of the hot water heaters at the Weibel Avenue Ice Rink. The funding was not in the 2011 budget and funding was approved in the 2011 capital to replace 6 of them. The leak got worse and escalated into a dangerous situation. B & B Plumbing was contacted as they provided the lowest quote. The tanks installed are 96% energy efficient. Commissioner Scirocco moved and Commissioner Mathiesen seconded to approve the payment of the voucher in the amount of $21,700 to B&B Plumbing for the removal and installation of 3 hot water heater tanks at the Weibel Avenue Ice Rink. Commissioner Scirocco stated the funding is in account H3567182/52000/1193. Ayes - All Set Public Hearing: 2012 Water & Sewer Rates Commissioner Scirocco set a public hearing for March 20, 2012 at 6:30 p.m. PUBLIC SAFETY DEPARTMENT Discussion and Vote: Authorization for the Mayor to Sign the PBA Lease Agreement for 2012 – 2013 (12- 71) Commissioner Mathiesen moved and Commissioner Scirocco seconded to authorize the mayor to sign the annual PBA lease agreement for 2012 – 2013. Commissioner Mathiesen stated the funding will be coming from account A3143124/54570. Ayes - All Set Public Hearing: To Amend Section 225-71, Schedule VI of the City Code, School Speed Limits Commissioner Mathiesen set a public hearing for March 20, 2012 at 6:25 p.m. Announcement: Submission of 2011 Public Safety Annual Report Page 10 of 12 City Council Meeting 3/6/12 Commissioner Mathiesen provided the 2011 Department of Public Safety Annual Report per the Charter. He pointed out and commended the Fire Department on their ability to decrease their overtime in 2011. The Police Department is still struggling to get a handle on overtime due to cut in staff and injuries. Announcement: State Street Parking Regulations Commissioner Mathiesen stated they met with the neighbors of State Street to discuss the parking regulations. Per those discussions, the recommendations of the parking on State Street from VanDam to Greenfield will be kept as alternate side parking. Commissioner Madigan asked Commissioner Mathiesen if he knew the reason why the change had been made. Commissioner Mathiesen stated he did not know. The change was made by the previous commissioner before he left office. Discussion: Baseline Drug Testing for New Hires in the Fire Department Commissioner Mathiesen stated he requested the Civil Service Commission place random drug testing on their agenda. He will also be meeting with the PBA to discuss random drug testing in the future. People entering the Fire Department training programs will receive base line drug testing as the police do. They will be working with the Human Resource Department to help them find a facility for the testing. Drug testing is in the Police Department contract and only referred to in the Fire Department contract. The public at large will feel more comfortable with the idea of random drug testing. Mayor Johnson stated he suggested our labor attorneys include random drug testing on the fire contract that is currently being negotiated. SUPERVISORS Joanne Yepsen County Board of Supervisors Meeting Supervisor Yepsen reported they appointed a couple people to the County Planning Board and Fire Advisory Council; they approved a contract to authorize logging in the Town of Moreau; approved the upgrade of all lighting in the County buildings; and amended the County budget. Albany Visit with State Representatives Supervisor Yepsen reported today they took the legislative priorities to Albany. They focused on the take-over of the Medicaid program; urged the legislature to honor a home rule request; and urged legislative solution for the Hudson Black River. She urged the City and the County to draft what they would like to see for gambling in the County. Saratoga Arts Fest 2012 Supervisor Yepsen reported Saratoga Arts Fest is holding their annual event in June. They are going to have a major event at SPAC the night before to promote the program. The website is www.saratogaartsfest.org. Matt Veitch February County Board Meeting Page 11 of 12 City Council Meeting 3/6/12 Supervisor Veitch reported the highlights as: the logging contract; expansion of in home services for the elderly; they will be replacing 34 computers at the County; the on line radio system reporting tool; a grant to fund computer equipment in the Public Defender’s Office; and the chair of board (Tom Wood from Town of Toga) put his own website together called Communicating with the Chair. The web address is www.comunicatingwiththechairman.com. County Budget Review Committee Supervisor Veitch reported the County appointed a Budget Review Committee. This committee will look at their budget more regularly. Supervisor Veitch has been appointed to this committee. Meeting with State Legislators Supervisor Veitch reported Senator Farley is pushing for the VLTs to be preserved in the state budget. Hopefully we will get that money again. They discussed state mandates and the home rule issue for tax increases. It was the right decision that they didn’t carry that message; it is not a stop gap procedure to raise taxes to cover budget issues. EXECUTIVE SESSION Mayor Johnson moved and Commissioner Madigan seconded to move to executive session for discussion regarding proposed, pending or current litigation; personal private information of a person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a person or corporation at 8:55 p.m. Council returned from session at 10:48 p.m. Commissioner Franck moved and Commissioner Madigan seconded to add an item to the agenda regarding a resolution to authorize the settlement of an Article 7 case for parcel 167.-2-63. Ayes – All Commissioner Franck moved and Commissioner Madigan seconded for the City Council to approve the Article 7 case against the City of Saratoga Springs by Saratoga Property Development, LLC, concerning the property tax map #167.-2-63 with a revised settlement of $14 million, $13 million, $11 million, $10 million, and $10 million from 2007 – 2011 and Council is authorized to prepare documents and get court approval consistent therewith and Accounts Commissioner is authorized to take any and all action to effectuate the settlement; including executing documents and make disbursements as appropriate. Ayes - All ADJOURNMENT Mayor Johnson moved and Commissioner Franck seconded to adjourn the meeting. Ayes – All There being no further business, Mayor Johnson adjourned the meeting at 10:51 p.m. Respectfully submitted, Lisa Ribis Page 12 of 12 City Council Meeting 3/6/12 Clerk Approved: 4/17/12 Vote: 5 - 0 Page 13 of 12