A public comment period that took place at the onset of the meeting gave city residents another opportunity to voice their concerns and opinions on the proposed indoor rec center that is currently planned to be built at the city’s South Side Recreation Field.

The major concern over the proposed indoor rec center, aside from the elimination of a public recreation field and green space, has been the legal issues surrounding the facility. The concerns have even prompted Commissioner Kim to refrain from voting for the approval of the indoor rec center at the site until all legal issues have been cleared up.

The legal issues surrounding the decision of the Saratoga School System to donate the land at the South Side Recreation Field 30 years ago states the property should be used “Solely for playground or recreational uses for the use and benefit of all the residents of the city school district.” The expressed restriction goes on to state “if the land should cease to be used for such purpose then all titles should revert back to the school district and the conveyance shall become null and void.”

“This language may be 30 years old, but it is still on record and it still applies today,” Anne Bullock of 86 Lincoln Ave. said after reading the agreement between the city and the school district. “What it means is that any taxpayer in the school district can sue the school district for not enforcing the language and the intention of the deed and in return the school district can sue us the city of Saratoga Springs.”

After being called out by the public, Johnson attempted to clarify the status of the city as the projects lead agency only to be met with opposition by Kim.

Kim said the City Council had been designated as lead agency when they were considering Weibal Avenue as the site for the indoor rec center, but now that the site has changed there were more agencies involved – raising questions to whether or not they were still the lead agency.

Kim quoted the statue which says the City Council could only be designated the lead agency only “when a single agency was involved.” Kim said that since the site had changed to the South Side Recreation Field the Department of Parks and Open Space and the Saratoga Springs School District were at least two other agencies involved in the site.

Kim went on to say his biggest concern is insuring that the process is done appropriately.

“What is going on here now is we are doing the process completely wrong, we have a new site so there is a new secret process,” he said. “To say that somehow the secret process that we started at the site three miles away now can be essentially glommed onto this process is really a monumental error that this City Council is making.”

Johnson rebutted Kim by referring to a letter that he had written to the Department of Parks and Recreation asking them if they would be waiving lead agency status.

“You’re involving them and they don’t need to be involved,” Johnson said. “There is no requirement for the city to notify the Department of Parks and Recreation that we are undertaking this effort and asking them to waive lead agency.”

Kim was not the only one taking shots at fellow council members on the night as Commissioner of Accounts John Frank fired back at Kim concerning his proposed public safety building.

Kim attempted to present the audience with what he says are changing positions on the proposed public safety building between now and the 2007 elections and to inform the public that the building had been budgeted, but not bonded.

Earlier in the day Kim presented the city with what he calls the “failure-ometer,” which will count down the days from February, when City Council officials voted to bond $4.5 in capital projects, except for the $8 million set aside for the proposed public safety building. Kim dedicated the “failure-ometer” to the politicians who campaign on one position and vote another way when they are in office.

“Every single one of the people on the City Council said unequivocally that they supported a new police station and yet these bonds are being held hostage,” he said.

Franck countered Kim’s comments by blaming most of the failure on his “monstrosity of a building.” He faulted Kim on being over budget by $1.7M and his mass and scale, which he says is too big for the lot.

“At the end of the day on the ‘failure-ometer’ don’t go blaming everyone else when some of the blame has to be taken on your end,” Franck said. “You’re trying to ram something through that we don’t have the money for.”