City Council

June 15, 2010 CITY OF SARATOGA SPRINGS City Council Meeting Agenda 6:30 PM P.H. – Revised Hours of Operation for Drinking Establishments 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION(S) EXECUTIVE SESSION 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. CONSENT AGENDA 1. Approval of 5/24/10 City Council Minutes 2. Approval of 6/1/10 City Council Minutes 3. Approve Budget Amendments 4. Approve Budget Transfers 5. Approve Payroll 6/4/10 $447,006.59 6. Approve Payroll 6/11/10 $372,038.07 7. Approve Warrant 2010 Mid 10MWJUN1 $621,178.44 8. Approve Warrant 2010 Regular 10JUNE2 $958,548.58 MAYOR’S DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Change Order for Spring Run Trail 2. Discussion and Vote: Revised Resolution for Urban Forestry Grant 3. Discussion and Vote: Updated Visitor Center Fees 4. Discussion and Vote: Accept Donations for Concerts in the Park 5. Discussion: Proposed Changes in New York State Retirement ACCOUNTS DEPARTMENT 1. Discussion and Vote: Resolution Restricting the On-Premise Sale of Alcohol Beverages to 2 a.m. from Labor Day to Memorial Day FINANCE DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Contract with Saratoga Horse & Carriage 2. Discussion and Vote: Authorization for Mayor to Sign Agreement with Bollam, Sheedy, Torani & Co., LLP 3. Discussion and Vote: Authorization for Mayor to Sign Contract with John C. Mannix, Jr. 4. Discussion and Vote: Department of Public Safety Payroll Transfers City Council Meeting 6/15/10 5. Discussion and Vote: Department of Public Works Payroll Transfers 6. Discussion and Vote: City Center Payroll Transfers 7. Discussion and Vote: Mayor’s Department Payroll Transfers 8. Discussion and Vote: Accept Donations-Saratoga’s All American Celebration 9. Discussion: City Finances PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: DelSignore Paving – Church Street – Change Order #5 2. Discussion and Vote: DelSignore Paving – Church Street – Change Order #6 3. Discussion and Vote: Iota Construction – Geyser Crest Well Field – Change Order #1 4. Discussion and Vote: Iota Construction – Geyser Crest Well Field – Change Order #6 5. Discussion and Vote: Permission from the City Council to Bring Back Two Laborers PUBLIC SAFETY 1. Discussion and Vote: Permission from Council to Fill Vacant Position of Senior Account Clerk SUPERVISORS Joanne Yepsen 1. County Board of Supervisors’ Resolutions and Meeting 2. County Racing Committee Report 3. New Director of Veterans Affairs ArtsFest Matt Veitch 1. Public Safety Committee 2. Racing Committee 3. Geyser Road Bridge 4. Sundae on the Farm ADJOURN Page 2 of 22 City Council Meeting 6/15/10 JUNE 15, 2010 CITY OF SARATOGA SPRINGS City Council Meeting City Council Room PRESENT: Scott Johnson, Mayor Ken Ivins, Commissioner of Finance John Franck, Commissioner of Accounts Anthony Scirocco, Commissioner of DPW Richard Wirth, Commissioner of DPS Matthew Veitch, Supervisor Joanne Yepsen, Supervisor STAFF PRESENT: Shauna Sutton, Deputy Mayor Kate Jarosh, Deputy Commissioner, Finance Michele Boxley, Deputy Commissioner, Accounts Tim Cogan, Deputy Commissioner, DPW Joe Scala, City Attorney ABSENT: 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. Public Hearing Revised Hours of Operation for Drinking Establishments Mayor Johnson opened the public hearing at 6:35 p.m. Commissioner Franck stated he spoke with some of the commissioners today about a potential compromise, which did not come thru. We are going to keep the proposal as it is. William Pouch, owner of Esperanto, stated the unforeseen affects of closing at 2 a.m. would be devastating to his business and he doesn’t serve alcohol. He cautioned everyone to stop and think what makes Saratoga exciting and different. His employees come back to work for him year after year and they claim that is the most fun job they have ever had, mainly because of the scene downtown. One of his employees was assaulted years back by a drunk person and that employee still came back to work for him. When parents started getting out of hand at youth hockey games the season wasn’t cancelled, it was handled in a more creative way. Don Daniels, owner of a restaurant in Glens Falls stated he has considered coming to Saratoga to open a restaurant. This ‘miracle’ City of Saratoga Springs is the envy of this county, state, and country. He has read some of the accounts of changing these hours. His thought is all closing times should be eliminated. This would stop people hitting the streets at the same time. If places stayed open to 5 a.m. or 6 a.m.; Page 3 of 22 City Council Meeting 6/15/10 maybe people would start serving breakfast. There will probably be 500 people put out of work in this area if this goes through. David Alavara of 133 Lawrence Street stated he has followed this issue and what he hears regarding closing at 2 a.m. is lost revenue. If you close early, revenue will be lost. He heard from first responders and people in the medical profession regarding their troubles with a late closing. It appears to him they would also lose revenues. Comments were made that people in the bars are doing a good job policing; that doesn’t mean move the fights out of the bar and on to the streets. The problem is not the revenue. Closing early sends a message that if you won’t police yourself we will do it for you. The decision that has to be made is either profit or peace and safety. You will choose for either the profit of a few or the safety of many. Steve Rossley, father of Ryan Rossley stated his son was hit by a hit and run driver on St. Patrick’s night. This was the most painful experience a parent can go through. This feeling continues every night all through the night and every day for himself and his entire family. The saddest thing of all is this could have been avoided. Ryan would still be alive and with us today if this law was already in place at the time of the accident. It is too late to help Ryan but it is not to help another individual or family. You have the ability as well as the responsibility to keep this from happening to other people and families. He can’t believe that they would allow friends or business owners to use them. It is shameful that a little more profit is more important than someone being arrested, hurt or killed. He also has a hard time understanding that they think serving alcohol for an additional 2 hours does not affect someone’s level of intoxication. Jeff Kelly of 20 Excelsior Spring stated he agrees what Mr. Rossley just said. He frequents the local restaurants and bars. He believes a compromise is being given by not closing at 2 a.m. year round. This is fair and if something doesn’t work out you can go to 12 months one way or the other. He believes the majority of people in Saratoga are in favor of closing at 2 a.m. if you do a poll. Andrew Scher of 25 Lafayette Street stated he is here to ask the Council to not pass the current proposal. Quiet streets are the streets you don’t want to walk down; there is safety in numbers. The Amethyst Initiative, done by American Council of College Presidents, recommends lowering the drinking age. By lowering the age and putting college students back in bar rooms they would be better off. He suggested increasing the cost of drinks as the night progresses. Don’t close the bars early and keep the streets alive in Saratoga as much as possible. Jeff Clark, president of the DBA stated that after his visit to the last City Council meeting, he canvassed the students of Skidmore College. An overwhelming majority of the senior class who are of age, come downtown after their student activities. Crime is going to happen in the City and we can’t have a police officer on every corner of the City. Skidmore students said if we stop serving at 2 a.m., they will buy the booze and bring it back to campus, homes, and apartments. Al Callucci of 9 Lexington Road stated he came tonight to support the second proposal Mr. Franck presented as the 3 a.m. time would eliminate a lot of the discussion and barriers. If they don’t come here the problem will go somewhere else. He is sad the second proposal is not on the table as it gives the most to everyone. He suggested the Council reconsider the 3 a.m. proposal. Jason Rossley, brother of Ryan Rossley, stated he is here to prevent this tragedy from happening to another family. He hopes no one here knows or will ever know the pain a family goes through with a tragedy like this. He is very much for this proposal and believes it is doable financially. This proposal will have a financial impact in Saratoga but the impact to someone’s life is greater. If this tragedy happens again, it is on your plates. Commissioner Franck played a video that was pre-recorded by Diane Loomis. Her son was killed by a drunk driver in 2008. She believes bars should close at 2 a.m. She believes bars disagree with an earlier closing time because of revenue – how much more money do they really need to make that would constitute the loss of a life due to a drunk getting behind the wheel. She did a survey of her own and Page 4 of 22 City Council Meeting 6/15/10 asked approximately 400 their opinion of closing the bars at 2 a.m. versus 4 a.m. – only 1 person said close at 4 a.m. Mayor Johnson closed the public hearing at 7:09 p.m. CALL TO ORDER Mayor Johnson called the meeting to order at 7:09 p.m. PUBLIC COMENT Mayor Johnson opened the public comment period at 7:10 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. Patrick Kane of 19 Marion Place and Brent Wilkes 5 Thames Way presented a proposed Charter reform document to the Council. This proposed Charter document will be circulated along with a petition to bring signatures back to the Council in the near future. If the Council has any questions on the document, they can contact Patrick or Brent. Mayor Johnson closed the public comment period at 7:14 p.m. Executive Session Mayor Johnson moved and Commissioner Franck 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, including collective negotiations at 9:51 p.m. Ayes - All Council returned from session at 10:30 p.m. Mayor Johnson stated there were matters resolved. Commissioner Franck moved and Commissioner Ivins seconded to add the Article 7 case pertaining to SNS Development of 57 Ballston Avenue to the agenda. Ayes – All Commissioner Franck moved and Commissioner Wirth seconded to settle the Article 7 case pertaining to SNS Development of 57 Ballston Avenue negotiated assessed value of $3 million with no tax refund per the information provided to the City Council with clarification of counsel. Ayes – All Commissioner Franck moved and Commissioner Ivins seconded to add the Article 7 case, settlement motion, relating to Hogan & Hogan of unit 502 - 87 Railroad Place to the agenda. Ayes – All Page 5 of 22 City Council Meeting 6/15/10 Commissioner Franck moved and Commissioner Wirth seconded to settle the Article 7 case with Hogan & Hogan of unit 502 - 87 Railroad Place with a negotiated assessed value of $202,500 with an estimated 2009 tax refund of no more than $2071.44 per the information provided to the City Council. This is in his line item of the City budget. Ayes – All Mayor Johnson moved and Commissioner Ivins seconded to add the retaining of outside counsel to represent the City for oversight of the impending trial Anderson Group, LLC vs. the City of Saratoga Springs, set to begin trial on June 21, 2010 in federal court in Albany; to oversee present defense counsel at well as protect the interest of insurance coverage on behalf of the City based upon certain disclaimer of coverage. Ayes – All Mayor Johnson stated this is a decision made internally between the Mayor’s Department, City attorney, and Risk and Safety to hire outside counsel to better protect the City just as an oversight basis on issues involving insurance coverage between the City and its carrier for this claim. The matter involves litigation presently pending in federal court, Northern District of New York, the Anderson Group LLC vs. the City of Saratoga Springs set to begin trial this June 21st. The money to pay for counsel is in the budget under the self insured fund the City maintains. Mayor Johnson moved and Commissioner Franck seconded to authorize the Mayor’s Office (mayor) in conjunction with the City attorney and Risk and Safety to retain counsel at a fee up to a maximum of $200 per hour with a cap of $5,000 aggregate to represent the City as oversight on insurance coverage issues to better protect the City in the event that we think it is in the best interest of the City to take certain stances during the course of litigation that would be insurance related. Ayes – All CONSENT AGENDA Mayor Johnson moved and Commissioner Wirth seconded to approve the consent agenda as follows: 1. Approval of 5/24/10 City Council Minutes 2. Approval of 6/1/10 City Council Minutes 3. Approve Budget Amendments 4. Approve Budget Transfers 5. Approve Payroll 6/4/10 $447,006.59 6. Approve Payroll 6/11/10 $372,038.07 7. Approve Warrant 2010 Mid 10MWJUN1 $621,178.44 8. Approve Warrant 2010 Regular 10JUNE2 $958,548.58 Commissioner Ivins stated there is a change to Warrant 2010 Regular 10JUNE2 – the amount is now $958,168.69. Ayes - All MAYOR’S DEPARTMENT Discussion and Vote: Spring Run Trail Change Order (10-161) Mayor Johnson called Paul Male to microphone. Page 6 of 22 City Council Meeting 6/15/10 Paul Male stated the change order is for Liuzzi Brothers, contractor on the project. There are quantity changes from the original contract. The change in dollar amount is zero. The change order is subject to approval by DOT. Mayor Johnson confirmed that the change order was brought about because of a change in material used in the course of the project. Paul advised most of the changes are due to change in conditions identified when they started working on the trail. Mayor Johnson stated this project is being fully funded by federal stimulus money. Mayor Johnson moved and Commissioner Scirocco seconded to approve the change order as described. Ayes - All Discussion and Vote: Revised Resolution for Urban Forestry Grant (10-162) Mayor Johnson advised the original resolution for this grant was approved in June 2008 to authorize the mayor to submit an application to NYSDEC to complete an inventory and management plan for the City’s urban forest and tree services. This is a $20,000 matching grant. We were awarded the grant in 2009. The state is now requiring additional language in the resolution. Our intention is to have our portion as all in-kind services from our City staff. Mayor Johnson moved and Commissioner Scirocco seconded to approve the resolution. Commissioner Ivins asked if we know where the in-kind services will be coming from. Commissioner Scirocco stated he believed it will be Sustainable Saratoga. Mayor Johnson stated we can use City staff and possible 3rd party organizations. Commissioner Franck asked what the reporting requirements are as we have had problems in the past. Mayor Johnson stated there are specified requirements but didn’t have them handy at the moment. Ayes - All Discussion and Vote: Updated Visitor Center Fees (10-163) Mayor Johnson stated changes are in the attachment. One addition is the water vending machine - $1.25 per bottle. Mayor Johnson moved and Commissioner Ivins seconded to approve the updated Visitor Center fees as proposed. Ayes - All Discussion and Vote: Accept Donations for Concerts in the Park (10-164) Mayor Johnson stated they are in receipt of a donation from the Rotary Club in the amount of $750. He stated he is a member of the Rotary but was not involved in this donation. Mayor Johnson moved and Commissioner Ivins seconded to accept donation for the concerts in the park as described. Page 7 of 22 City Council Meeting 6/15/10 Ayes - all Discussion: Proposed Changes in New York State Retirement Mayor Johnson stated on May 28, 2010 Governor Patterson announced that the legislature passed his bill authorizing an early retirement incentive. This provides state agency commissioner and local officials with a mechanism to achieve workforce cost savings or reductions. Program bill 249 establishes a temporary retirement incentive program. Public employee can retire at 55 years of age with 25 years of service or be targeted to receive an additional month of pension credit not to exceed 36 months total for each year of actual service. Members of the police and fire are not included because of their present retirement options in existence. This is something we are looking into to see if it is advisable for the City. If we decide to go along with this, there is a lot to be done in terms of analyzing. This is not a cheap option for the City and there are timelines to be concerned with. There are 2 parts – A & B – Part A provides a target incentive to positions that can be eliminated; Part B refers more towards those who are age 55 with at least 25 years of service - if an employee holds a position that is critical to the maintenance of public health and safety, that employee may be denied participation. The summary from governor’s office gives certain projections of potential cost to the employer. The per member cost of the Part A incentive would be approximately 60% of an employees final average salary and the Part B incentive would be 110%. Commissioner Ivins is looking at the number of employees that are eligible. The goal is more consolidation if possible. Commissioner Ivins stated they did request from the state a list of people who met the qualifications and are eligible. His office will send a letter to the employees similar to the one the County sent to their employees. It is not a commitment; it is just to ask their intention. Once they have that list of people’s intentions, they can start the financial analysis. They expect to have the analysis completed sometime in July. Commissioner Scirocco asked if this is something the Council will have to adopt through resolution. Commissioner Ivins said yes. Commissioner Franck asked if a date is tied to this. Commissioner Ivins stated the City needs to make a decision by August 31st. Commissioner Franck asked if employees take the early retirement, will they be able to come back part time. Mayor Johnson stated he is not certain. Commissioner Ivins stated in order to do this we have to be able to show a savings across the board. Mayor Johnson stated savings must be at least ½ of the total base salary of those employees - aggregate. Commissioner Franck asked if it is up to the City to come up with these numbers or are we getting some help from state. Commissioner Ivins stated the state is providing a list of the employees and then it is our job to come up with the numbers. ACCOUNTS DEPARTMENT Discussion and Vote: Resolution Restricting the On-Premise Sale of Alcohol Beverages to 2 a.m. from Labor Day to Memorial Day (10-165) Page 8 of 22 City Council Meeting 6/15/10 Commissioner Franck stated he has planned to go through is stats, which will strongly refute some things people had said. To date there have been 15 people against his proposal; all but 4 are a bar owner, worked at a bar, or a relative of someone who worked in a bar. This City is potentially going to allow 10 bar owners to direct the way the law works in this city. Everyone else who has come here has been in favor of what he is trying to do. He sent a number of people out for signatures on a petition; approximately 500 have been collected to date. It is not scientific, but it is more scientific than going to Skidmore and asking the students if they want to drink later. His understanding is Skidmore is a dry campus so if the kids want to drink there, let them have the problem there. Most of the 21 year old students are not City residents; so he doesn’t look highly at that information. He has not seen Joe Dalton or the Chamber of Commerce come out against this. He has had discussions with the Chamber and although they are not going to pick a side, they do feel that this was a fair proposal by throwing the businesses a bone in the summer months. He has listened to both sides, met with the chief of police, commissioner of Public Safety, and the bar owners. He looked for a compromise. He has heard: 1. it is not comprehensive/all year, 2. if you close the bars at 2 it is going to hurt the people that don’t service booze like the diners, 3. loss of revenue, 4. people are going to drive to Mechanicville, 5. there will be a mass exit of people to rush to get more drinking in. He tried to compromise; he met with the chief of police and Commissioner Wirth today and thought they had a deal. He suggested a resolution of 3 a.m. year round. It doesn’t kill the restaurants, it give Esperanto and Hot Dog Charlie’s a change to do better, and the idea of people leaving this community and going to anther community isn’t as valid. There are legislations of behavior out there whether you like it or not. He is trying to be proactive and trying to affect change. He was told he wouldn’t get a second because these business owners and special interests are so strong. Before this meeting he was told he wasn’t guaranteed to have to votes to move this forward. He has done everything in his power. He asked Chief Cole to speak. Chief Cole thanked Commissioner Franck again for bringing up this very important issue. This issue affects the City, a lot of lives – the business people, citizens and visitors. He applauds Commissioner Franck for opening the dialogue on some of the problems we have downtown and to be able to deal with it. They have had disagreements of what he thinks could happen and what Commissioner Franck thinks could happen. He has not come out opposed to Commissioner Franck’s proposals. He has voiced his concerns from the public safety point of view and it is important that he does voice his concerns should a proposal be passed and something happens down the road where he could have said something and didn’t; fingers will be pointed at him. He does have some serious concerns with the 2 a.m. proposal. He did sit with Commissioners Franck, Wirth and Scirocco today to talk a little about this. He was under the impression that Commissioner Franck was going to put forth a proposal for 3 a.m. year round. He is here for public safety; he does not represent the businesses downtown and it is not his job to worry about the income of the bar owners and bar tenders. His number 1 concern is the safety of the public and the police officers who have to respond to the issues. The first thing that needs to be considered, if this is about public safety, is to include the summer months. June, July, and August are our busiest and most dangerous times. At 1 a.m. you have a hard time getting a vehicle down Caroline Street. If it is the 3 a.m. time, he agrees that some of the house parties and some of the mass exodus will go away. He agrees 3 a.m. is a better time but he still has concerns. It is still not in the best interest of his department or his people if he does not bring up those issues. Should Saratoga alone go to a different closing time, you will see some people go to these other bars that you may not otherwise see going to the other bars. Police deal every night with some very serious things; beatings, stabbings, fatal accidents. They work closely with victims and take these things personally. Accidents do happen. If the closing time stays at 4 a.m., you can guarantee we will have a fatal accident sometime after 4 a.m. If the closing time changes to midnight, there will still be a fatal accident after 4 a.m. He doesn’t believe there will be a significant change in those kinds of accidents. There are other things he thinks can be done – compliance by the bar owners, bar tenders, and bouncers would have a strong effect on what we see happening downtown. It is not always easy getting compliance. One thing they currently do is send a few officers in a bar for compliance of the ABC law and for people who are falling down drunk and underage drinkers. When we see a violation, tickets are given to the offender and they take the license of the establishment. They can keep a copy of the license and incident on hand to get compliance or send it to the SLA for a referral. Sending a referral is like putting together a full criminal case. Doing something like a referral takes man power and time. They can also enforce the New York State Law which states if security takes up 50% of a bouncer’s job, they must be a licensed security guard. We need to come up with a solution. Without public safety Page 9 of 22 City Council Meeting 6/15/10 you can kiss the tourism goodbye, you can kiss the property taxes goodbye, etc. If given an option, he would prefer the 3 a.m. closing. It must come with the understanding that if it comes with public safety, it must include our busiest months. Commissioner Franck thanked Chief Cole for his comments. Most of the chief’s comments dealing with compliance - he may need our help to get additional people, but he has the power to do such now. He hears ‘comprehensive’ from Commissioner Scirocco, and that’s what he is looking at – a comprehensive approach. The studies are telling. Since June 2005, there have only been 4 referrals from the police for sales to minors. He asked Will Pouch if he would be totally opposed to a 3 a.m. closing versus a potential 2 a.m. closing – or in his opinion is it 4 a.m. or nothing. Will Pouch stated 4 a.m. makes sense if there is better enforcement. He is not for regulation in general, but this situation may call for compromise. Commissioner Franck asked Mr. Pouch if he is advocating that it is safer to close at 4 a.m. rather than 2 a.m. or 3 a.m.. Mr. Pouch stated he doesn’t see a huge difference between 3 or 2. The safety standpoint is a toss up. He is advocating not making a change in the current regulation but making a change in enforcement. Commissioner Franck presented some slides for the public (attached) which proves a later last call increases problems. Mayor Johnson recused himself as he is an investor in a local restaurants/bar and under contract for another restaurant/bar. He is not able to call for a second, therefore Commissioner Ivins will call for a second. As a side note, neither of the establishments he is involved are open to 4 a.m. He left the room prior to the second being called. Commissioner Franck moved and Commissioner Ivins seconded to approve the resolution restricting the on-premise sale of alcohol beverages to 2 a.m. from Labor Day to Memorial Day. Commissioner Scirocco applauded Commissioner Franck for brining this to the table. In 1968 he had a similar incident with a cousin. He has concerns; time isn’t consistent. If we are to do this the time should be consistent throughout the year. Other counties in the state that close at 2, 3 or 4; it is county wide. He believes that if we close early people will drive out of the City to other communities close to the City – Town of Milton and Town of Saratoga just over the bridge. He thinks it needs more study and time. He can see a lot of time was put in this from the information provided. There have been concerns from some of the businesses. Closing the bars at 2:00 for 6 or 7 months isn’t going to solve the problem. He trusts the judgment of the Police Department. We laid off 7 police officers, which he doesn’t believe he was in favor of. Enforcement needs to be the key – whether on the streets or in the bars. There is a fix to this whole problem rather than shut the City down at 2:00. It should be county-wide if it is going to happen. It isn’t going to solve any problems by doing it in the City. Commissioner Franck asked Commissioner Scirocco if he would be against 3 a.m. year round. Commissioner Scirocco stated when he said inconsistent he meant inconsistent to the other counties within the state – they have a 2, 3, and 4 closing time. Commissioner Franck stated there are numerous municipalities within counties that are different times than the county. He asked Commissioner Scirocco if his next argument could be that unless the surrounding counties around us went to the same time he couldn’t support it. Commissioner Scirocco stated you have a better chance keeping it local if you just do it county-wide. The concern is people could leave a bar at 1:30 to go across Saratoga Lake – across the bridge – to a bar there or in the Town of Milton to a bar on Geyser Road. The bars around us are going to capitalize on that; that could be a big problem. Page 10 of 22 City Council Meeting 6/15/10 Commissioner Franck asked to go back to the question he asked Commissioner Scirocco; if it was 3 a.m. year round, is he still seeing a lot of people at 3 a.m. to other municipalities to drink. How many people are driving between 3 a.m. and 4 a.m. from one bar to another bar in different municipality? How many do you think are sober? If we keep them here to 4 a.m. do you think they are going to drive home then or sleep in their car? Commissioner Scirocco said he can’t answer that question. Commissioner Franck reminded him that he can say people are going to be going across the bridge drinking at 3 a.m. Commissioner Scirocco stated when you turn people down that are in a bar and could go to another municipality that is only a mile away…. Commissioner Franck stated they could go home an hour early too. Commissioner Scriocco stated he doesn’t know how he can project what human behavior is going to be. Commissioner Franck stated he can’t but he is asking Commissioner Scirocco what he thinks. Looking at Commissioner Scirocco’s arguments, unless this proposal is county-wide he is not going to support this. He is hearing Commissioner Scirocco say that it is safer for the closing time to be at 4 a.m. than earlier. Commissioner Scirocco stated it is safer if it is county-wide because then it is consistent and you have everyone in the county doing the same thing. You don’t have people capitalizing on our problem, which he doesn’t think is a big problem. Commissioner Franck told Commissioner Scirocco he is now the commissioner of Public Works; he is no longer the supervisor for the City of Saratoga Springs. Commissioner Franck stated he is concerned about the City of Saratoga Springs. He wants to know if Commissioner Scirocco believes it is safer to keep the bars open until 4 a.m. Commissioner Scirocco stated he is not saying it is safer. He is saying there are other issues, such as revenues that we won’t get. There are bars and restaurants in the City that are the fabric of the City. He said he remembers in the ‘70’s when things in this City went down the tubes. Commissioner Franck asked Commissioner Scirocco what the closing time was in the ‘70’s. Commissioner Scirocco stated he thought it was 3:00; maybe. Commissioner Franck stated it was 4:00 a.m. Commissioner Scirocco asked how the closing time got from 3 a.m. to 4 a.m. Commissioner Franck stated the closing time was 1:00 a.m., then it went to 4 a.m. He reminded Commissioner Scirocco that he said this is about money. He confirmed Commissioner Scirocco is not supporting this unless it is county-wide. Commissioner Scirocco stated he would not because it is not consistent with what everyone else is doing. He stated Commissioner Franck hasn’t even identified we have a problem here. Maybe we need more enforcement, well trained bar tenders, and make owners responsible for their actions rather than shutting them down. Does this include Price Chopper and the hotels? Commissioner Franck asked Commissioner Scirocco if we make it for 3 a.m. for Stewart’s, Price Chopper, etc. would you support it then. Commissioner Scirocco stated it would have to be all supermarkets in the county. Page 11 of 22 City Council Meeting 6/15/10 Commissioner Wirth asked Commissioner Franck to read what is on his agenda. He confirmed the original resolution has not changed. If there was going to be a significant change – such as 3 a.m. year round – he would recommend tabling this so everyone can have an opportunity to absorb the new agenda item. If that isn’t changing we can continue. Commissioner Franck stated when he left Commissioner Wirth this afternoon; he had stated he would support a 3 a.m. year round closing. Chief Cole said he is not going to advocate one way or the other and if something did happen because of potential injury to both police officers and residents, the only way to not come out against it is to make sure it was year round including the busy season. If he had to pick between the two, the chief said he was more comfortable with 3 a.m. Commissioner Wirth also told him he would potentially want a sunset provision in it. Chief Cole and Commissioner Franck both said they don’t like sunset provisions but they were open to some type of language where the next Council can say they have looked at the statistics and determine if it should continue. Commissioner Wirth said he was ok with this. Commissioner Ivins stated he was comfortable with both proposals but he was comfortable because it was more consistent; he also wasn’t against some type of clause. That is how he left the meeting. Commissioner Wirth was supposed to talk to Commissioner Scirocco and have Commissioner Scirocco contact me. Commissioner Scirocco had no interest in speaking with Commissioner Franck so Commissioner Wirth came back to Commissioner Franck and said he doesn’t know if he can approve this now. He asked Commissioner Wirth if he agrees that’s how it happened today. Commissioner Wirth said that was pretty close. If there is any significant change he would want the public to absorb it. Commissioner Franck stated he has no problem with that because it is a change from what has been discussed the last 2 months but he wants some type of feeling on record that this is not going to waste people’s time for another 2 weeks and he’s going to come back and say I don’t know. He wants to hear Commissioner Wirth’s feeling on the proposal they discussed for 2 days versus the other proposal they discussed. Commissioner Wirth stated he appreciates Commissioner Franck’s efforts and comments. We must clarify a couple of the items – some of the court information/data could be misleading because if one person was arrested, they could have been charged with 3 crimes. For example in 2009 the data showed 590 and the number of arrests were actually 347. Commissioner Franck stated so a couple guys did more than one bad thing than one guy doing one bad thing. Commissioner Wirth stated the numbers do fluctuate from the information you get from City Court from the information Saratoga Springs Police have. Commissioner Franck stated Frank Dudla did explain that when he gave us the data. He talked about DWIs and other things. Judge Wait’s court did describe the difference in numbers. He tried to say some of these things could be skewed. Commissioner Wirth stated regarding the changes – does it make a difference to reduction in overtime, quality of life, etc. No one has that answer. Commissioner Franck believes it is going to reduce cost. His mom always told him if there are 100 questions on the test, 99 of them are about money; and he is seeing that tonight at the table. He can’t see how the bars closing an hour early is going to significantly raise costs. If it didn’t cut a dollar of overtime, it would give the police better enforcement from 3 to 2 and 2 to 1 because we can use our time more wisely to cover those time periods versus going from 4 – 5. We are not talking a large number of sales tax money. Commissioner Wirth stated there would be some impact on the downtown businesses if we closed earlier. Page 12 of 22 City Council Meeting 6/15/10 Commissioner Franck stated he does not believe there would be a negative impact. He can’t quantify it, but for most bars they are not open at that time for most of the year. One of the arguments made by many of the bar owners was if you make it an hour or 2 earlier, they will come out an hour or 2 earlier. He asked Commissioner Wirth what price are you going to put on the potential loss of human life. Commissioner Wirth stated you could never put a price on that. What about the employees who would lose jobs or hours would be cut? Commissioner Franck stated he will go by John Baker’s study – he said from 2 – 4 a.m. on the off-season he employs 4 people and from 2 – 4 a.m. on the on-season he employs 25 people. That is an 81% decrease on the off-season. As you get closer to 4 a.m. there has to be less people. Most restaurants in this City close their kitchen by 10 p.m. It is insignificant compared to costs on the other side is between insurance, safety, and trouble. Commissioner Wirth asked Commissioner Franck if he feels the bars and restaurants have a responsibility to monitor and manage their own. Commissioner Franck stated he feels they restaurants and bars have a responsibility to manage their own regardless what time it is. Commissioner Wirth stated “so they are capable.” Commissioner Franck stated he didn’t say they were capable; that is not what he asked. Are they capable when a bar is packed and there is a lot of drunk people? It is a lot harder to monitor everybody than if there are 2 people sitting at the end of the bar. He has brought up studies from various areas - there is no study that shows extended bar hours are safer. Commissioner Wirth stated he brought up Illinois, Australia, etc. but he is not familiar with those cities. Commissioner Franck stated he showed the studies that Commissioner Wirth provided from his office for Saratoga Springs; the arrest study. There are no other studies for Saratoga. Commissioner Wirth stated they are familiar with TIPS training. It is very important for the bar tenders. Commissioner Franck asked if you have a bar that is packed and someone buys 2 beers; who is the person giving the second beer to? Does TIPS training help – yes. We need to look at the legislative end whether we ask for additional things like staff the police and not put the control of Saratoga Springs in Ballston Spa. Take control for the City of Saratoga Springs for the people who were elected in the City. If Commissioner Scirocco wants someone from the Town of Day to decide what happens in the City of Saratoga Springs – God bless him. He is not Commissioner Scirocco. We can vote this up or down. The bottom line is this is our vote. That is what they were elected to do. He would be more than happy to talk to the people of Saratoga County but he can’t wait for that. That is why he brought this legislation forward. Commissioner Wirth stated it is the bar or restaurant’s responsibility to manage their own establishments. They also have their own spot checks in cooperation with the liquor authority. He is also concerned with what happens if the bars close at 2 a.m. Where would the people go? Commissioner Franck reminded Commissioner Wirth he already stated he wouldn’t support 2 a.m. He would like to know what Commissioner Wirth thinks about 3 a.m. Commissioner Wirth said who knows what would happen at 3 a.m. Commissioner Franck asked Commissioner Wirth if he thinks it is safer to keep bars open to 4 a.m. versus 3 a.m. Commissioner Wirth stated he didn’t think it would make a difference. Page 13 of 22 City Council Meeting 6/15/10 Commissioner Franck asked Commissioner Wirth what about 2 a.m. versus 4 a.m. Commissioner Wirth stated he doesn’t think they can give an appropriate answer to that question because any accident could happen at any time. Commissioner Franck confirmed that Commissioner Wirth is saying it is just as safe to close at 4 a.m. as 3 a.m. or 2 a.m. Commissioner Wirth stated he would say that is true. Commissioner Scirocco stated Commissioner Franck made a comment that he trusted putting this issue in the county’s hands. This is his resolution and we are asking the County to make this decision. Commissioner Franck asked Supervisor Yepsen to describe what the County’s attorney stated as the process with municipal home rule law which has to, by law, go through the County. Supervisor Yepsen stated she doesn’t have the letter from the County attorney, which was sited a couple meetings ago. The way she remembers the letter reading is the County is not the end all. If you want to change the local law, you take it to the County and the County gives you permission to move it to the state level, who makes the final decision. Commissioner Scirocco stated unless the County decides to change the hours, like all the other counties in the state. Commissioner Franck stated the letter said the County is a conduit and they didn’t see why it wouldn’t be passed forward to the SLA. He can’t worry about what the County does; he can only worry about what they can legislate in the City. At the end of the day he believes Commissioner Scirocco is just confusing issues. Commissioner Ivins stated he has been receiving a lot of e-mails and phone calls the past few days. He thanked everyone for the contact and their opinions. He has to weigh the better good for the community. Going with 2 a.m. for the off-season outweighs the alternative. It is a tough decision. He is definitely for it; the better public good is to go with 2 a.m. He asked Commissioner Franck if he is going to ask him about 3 a.m. Commissioner Franck stated anything can be discussed. He did speak to Commissioner Ivins after speaking to Commissioner Wirth. He asked Commissioner Ivins if Commissioner Wirth spoke to him. Commissioner Ivins stated he spoke to the entire Council. Commissioner Franck asked what happened with those discussions. Commissioner Ivins stated they threw around all the pluses and minuses. Commissioner Franck asked Commissioner Ivins if there was any feeling, from his standpoint, of 2 a.m., 3 a.m. or 4 a.m. Commissioner Ivins stated he didn’t have a good answer. Commissioner Franck stated it looks like it is going to be a 2 – 2. There are 2 people that were pro-active and 2 people that weren’t. Something is going to happen. He wishes they could have had the 3 a.m. – it seems that most people out there are in agreement. It is the common sense thing to do. Commissioner Wirth is in charge of Public Safety and he feels his position changed dramatically since his discussion with Commissioner Scirocco. Page 14 of 22 City Council Meeting 6/15/10 Commissioner Ivins stated if somewhere down the line Commissioner Franck feels he can change some votes for 3 a.m. – it is up to being brought back to the table because it is a considerably different motion. Commissioner Franck stated he was open to 2 a.m. and 3 a.m. If Commissioner Wirth can’t come and say he’s not 100% but he is pretty sure this is going to work, then in another 2 weeks he is going to have bar owners call him up and tell him not to do this. It is going to be 2 a.m. year round one of these days. He has compromised and done everything he can – it is going to be business against safety. Commissioner Franck asked for a roll call vote. Roll Call: Commissioner Franck – Aye Commissioner Ivins – Aye Commissioner Scirocco – Nay Commissioner Wirth – Nay Motion failed. FINANCE DEPARTMENT Discussion and Vote: Authorization for Mayor to Sign Contract with Saratoga Horse & Carriage (10-166) Commissioner Ivins moved and Commissioner Wirth seconded to authorize the mayor to sign a contract with Saratoga Horse & Carriage for the Saratoga All American Celebration. Commissioner Ivins state the contract amount is $350 and is paid for by donations. They will be transporting a band in the parade. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Agreement with Bollam, Sheedy, Torani & Co., LLP (10-167) Commissioner Ivins moved and Commissioner Franck seconded to authorize the mayor to sign an agreement with Bollam, Sheedy, Torani & Co., LLP for performance of state single audit as previously distributed to the Council. Commissioner Ivins stated the amount is $2,500. The current contract is for 2 audits and this is a third audit required by the state. Ayes - All Discussion and Vote: Authorization for Mayor to Sign Contract with John C. Mannix, Jr. Commissioner Ivins PULLED item from his agenda. Discussion and Vote: Department of Public Safety Payroll Transfers (10-168) Commissioner Ivins moved and Commissioner Wirth seconded to approve the Department of Public Safety payroll transfers as previously distributed to the Council. Commissioner Ivins stated transfers are from police, fire, and traffic control to overtime lines and special event overtime lines in each department to facilitate new reporting requirements for the retirement system. Transfer from DPS office supervisor to Fire Department EMS coordinator. Page 15 of 22 City Council Meeting 6/15/10 Ayes - All Discussion and Vote: Department of Public Works Payroll Transfers (10-169) Commissioner Ivins moved and Commissioner Scirocco seconded to approve the Department of Public Works payroll transfers as previously distributed to the Council. Commissioner Ivins stated transfers to capital labor lines from capital outlay lines and Broadway drainage and core area mobility projects; transfers to sick leave and sick leave social security for retirement lump sumps, life insurance lines and water and sewer funds, water administration phones and off street parking professional services, etc. Ayes - All Discussion and Vote: City Center Payroll Transfers (10-170) Commissioner Ivins moved and Commissioner Franck seconded to approve the City Center Authority payroll transfers as previously distributed to the Council. Commissioner Ivins stated transfer from City Center part time employees to account clerk full time to fund that position. Ayes - All Discussion and Vote: Mayor’s Department Payroll Transfers (10-171) Commissioner Ivins moved and Mayor Johnson seconded to approve the Mayor’s Department payroll transfers as previously distributed to the Council. Commissioner Ivins stated transfers to capital project labor and social security lines from the capital project outlay lines in the indoor recreation center project, etc. Ayes - All Discussion and Vote: Accept Donations-Saratoga’s All American Celebration (10-172) Commissioner Ivins moved and Commissioner Wirth seconded to accept donations for the Saratoga All American Celebration. Commissioner Ivins listed the following donations: $250 from Saratoga Springs PBA, $200 from the Hilton Garden Inn, $100 from Price Chopper, $100 from Impressions, $100 from the Wesley Community Center, $100 from Cudney’s Cleaners, $100 from Celtic Treasures, $125 from Saratoga Salsa and Spice Co. for barbeque and desert fest registration, $100 from Cantina for barbeque fest registration, $100 from 7 Horse Pub for barbeque fest registration, $100 from Hampton Inn for desert fest registration, $100 from Johnny’s Gourmet Italian Ices for desert fest registration, and $45 in car show registrations. The total amount is $1,520. Ayes - All Discussion: City Finances Commissioner Ivins stated mortgage tax is slightly off for 2009 – 13% for 2009 levels. April distribution of sales tax is complete; we ended above 2009 for that month. Its been six months in row with a positive sales tax growth. Our bond rating did not change for 2010 – remained at AA rating. He thanked Christine Gillmett-Brown for her hard work to get what was needed to maintain this rating. Bonds will be issued in the amount of $1, 539,457.00. Page 16 of 22 City Council Meeting 6/15/10 Commissioner Franck asked if a report be forthcoming for the bond rating. Commissioner Ivins stated we have received that report. PUBLIC WORKS DEPARTMENT Discussion and Vote: DelSignore Paving – Church Street – Change Order #5 (10-173) Commissioner Scirocco stated additional lighting will be installed from McNeary Alley to Myrtle Street. There are sufficient funds remaining in the contract for these 10 additional ornamental lights without increasing the contract price. Commissioner Scirocco moved and Mayor Johnson seconded to authorize change order #5 with a net zero dollar impact to the project budget. Ayes - All Discussion and Vote: DelSignore Paving – Church Street – Change Order #6 (10-174) Commissioner Scirocco stated they removed 40 ft. of existing water main and 2 valves and replaced it with a new 6 inch main along Myrtle Street. Paul Male stated this change order must be approved by the DOT. Commissioner Scirocco moved and Commissioner Wirth seconded to authorize change order #6 with a zero dollar impact to the project budget. Ayes - All Discussion and Vote: Iota Construction – Geyser Crest Well Field – Change Order #1 (10-175) Commissioner Scirocco stated this is a change order for 8 inch gate valve. The work has already been done with no dollar impact to the project budget. Paul Male advised changed order #1 was not brought to City Council for approval. The Accounts Department was aware of it and encouraged them to get this corrected as a formality. Commissioner Scirocco moved and Commissioner Wirth seconded to authorize the mayor to sign change order #1 with a zero impact to the project budget. Ayes - All Discussion and Vote: Iota Construction – Geyser Crest Well Field – Change Order #6 (10-176) Commissioner Scirocco stated this is for the purchase and installation of pressure sensors in wells number 4 and 7. The net increase for the sensors is $2,459. Commissioner Scirocco moved and Commissioner Wirth seconded to authorize the mayor to sign change order #6 in amount of $2,459. Ayes - All Page 17 of 22 City Council Meeting 6/15/10 Discussion and Vote: Permission from the City Council to Bring Back Two Laborers (10-177) Commissioner Scirocco stated with the opening of indoor recreation facility will require the rehiring of 2 laborers at a minimum for general daily upkeep. There was $50,000 budgeted in the indoor recreation labor line – A3567717/51900/3000. The cost to bring 2 people back beginning June 21st is $52,381 for remainder of year. The laborers would be at $17.38 per hour for 28 weeks for $19,465 each, which would be $38,931 - with health benefits for each one would be an additional $13,450 for a grand total of $52,381. We would have to find the additional $2,381 in our budget. The number will go down if they waited and he is not opposed to waiting. Mayor Johnson confirmed Commissioner Scirocco wants these people to be acclimated to the building prior to it opening. Commissioner Ivins stated they asked for copy of the figures at the agenda meeting so they could verify the numbers but they haven’t received them. He questioned the need of 2 people versus 1.5. He asked if it is possible to take a person from current staff to help fill the second position. He suggested filling only 1 position now as it is over budget and fill the other position at a later time to get this under budget. Mayor Johnson asked what the hire date is with the figures provided. Commissioner Scirocco stated he believed it would be June 16th. Mayor Johnson stated targeted opening date of the recreation center is July 6th. There will need to be some maintenance in the building prior to the opening of the center. He suggested delaying the hiring to a few days within the opening of the center. There is nothing that can be done at the recreation center at this time as far as general maintenance. Commissioner Scirocco stated he is not opposed to waiting a little. Mayor Johnson stated he is sensing this needs to be filled before the next meeting but not tomorrow. He suggested Commissioner Scirocco change his plan from hiring tomorrow and we can approve the hiring of the individuals within a week of the opening. Commissioner Scirocco stated his concern is getting these people acclimated to the building and that they have them determine what supplies they need to get. He wants to be sure they have everything they need. Commissioner Franck stated he is with Commissioner Ivins – this is supposed to be for 1.5 positions. Also, the dollars in the budget was for an earlier opening. He is not going to support it. He can vote for 1 person so that they are not over-budgeted and then down the road adding another ½ person or if budgeted properly adding a second full time person. Mayor Johnson proposed authorizing 1 position now to make sure person is available for when the center opens and at the next meeting address what is additionally needed. Commissioner Franck asked if these people are coming off the layoff list. Commissioner Scirocco stated they are. Before they can hire part time people he has to bring back all the laid off people. Commissioner Ivins stated if they created a half time position and offered it to a former full timer, they have the opportunity to accept or deny. We don’t have to make it a full time position. Commissioner Scirocco asked how we are going to fill the spots if the center is opened from 8 a.m. to 9 p.m. He said he will pull this off his agenda and Commissioner Ivins can figure it out what it is he is going to do for personnel over there. Page 18 of 22 City Council Meeting 6/15/10 Commissioner Ivins asked if a person is needed over there for every minute it is open. Commissioner Scirocco stated he does; just like in City Hall. Commissioner Franck asked if we have the ability to contract this out. Mayor Johnson stated it would be a union issue. Commissioner Franck stated when you put this through there would not be any new hires. Mayor Johnson stated that was true. What happened in the interim from the original budgeting is there were some layoffs in the commissioner’s department. Commissioner Scirocco stated they need 2 people over there for coverage. Mayor Johnson asked what the needs are between now and July 6th. Commissioner Scirocco asked what the hours of operation are going to be. Commissioner Franck suggested picking the dates for brining one person on now and have the second person starting on July 6th. Commissioner Scirocco stated he would be more comfortable knowing what the hours of operation are. Mayor Johnson stated personnel is not needed tomorrow. To meet our cost figures, he suggested authorizing 1 person with a start date projected out a week before. Commissioner Wirth suggested starting 1 person on June 28th and the second person can come on board July 6th. Mayor Johnson stated the facility will be delivered in usable condition. Commissioner Franck stated he could agree with what Commissioner Wirth is saying. Commissioner Ivins stated we do contract out for the Visitor’s Center for cleaning. How do we get around that? Commissioner Scirocco stated he wanted to go look at the building first. He PULLED this item from his agenda. PUBLIC SAFETY DEPARTMENT Discussion and Vote: Permission from Council to Fill Vacant Positions of Senior Account Clerk (10-178) Commissioner Wirth stated this position is needed. Civil Service can deal with the hiring of the individual for the vacant senior account clerk position. Commissioner Wirth moved and Commissioner Scirocco seconded for permission from the Council to fill the vacant position of the senior account clerk. Commissioner Ivins stated Commissioner Wirth and the mayor were going to discuss this position. He never heard an outcome of full time versus part time. Did the conversation between the mayor and Commissioner Wirth happen? Page 19 of 22 City Council Meeting 6/15/10 Mayor Johnson stated discussion didn’t happen. Commissioner Ivins stated he is still not convinced this needs to be full time. Commissioner Scirocco stated he had a meeting with Commissioner Wirth and he had 1 person working up there. He doesn’t think it is safe to have 1 person working by herself. If you look at everyone’s office, you see all kinds of people - he’s in the same boat in his office. At some point we have to bite the bullet and provide the services we need to provide to the public. A promotion in that department left that void. Commissioner Franck asked Commissioner Scirocco if he has ever voted against new position or hire in 30 months in office. Commissioner Scirocco stated he proposed new positions. He is down 25% in his department. Commissioner Franck stated he is down 31% and he is not down 25%. Commissioner Scirocco stated he doesn’t know how it went from 10% to 31%. Commissioner Franck stated he went from 13 to 9. Commissioner Scirocco stated he went from 158 to 110; he can give the names. Commissioner Franck asked if this position was full time before. Commissioner Wirth stated it was. Commissioner Franck stated he remembered the mayor bringing that up at the last meeting. Mayor Johnson stated his recollection is he suggested the commissioner pull it to have further discussion to see if it needs to be filled. He has brought it back on his agenda saying he does need it. He had indicated in the interim that he does need a full time position. They did have a discussion but it was not a detailed discussion. He is not going to tell the commissioner what he needs to run his department. Commissioner Franck stated the mayor was pretty clear at the last meeting that it could be done with a part time person. Mayor Johnson stated he is suggesting they consolidate a lot of things, including payroll. That hasn’t happened either. Commissioner Franck stated he just wanted to know where the mayor was because that is why they didn’t vote on it last time. Ayes – 3 Nays – 2 (Commissioner Franck and Commissioner Ivins) SUPERVISORS Joanne Yepsen County Board of Supervisors’ Resolutions and Meeting Supervisor Yepsen reported passing a few resolutions; one was for establishing a standard workday for each elected or appointed official who participates in the NYS retirement system, and they appointed a new director of the County Veterans Service Agency. The new director is Andrew Davis. Page 20 of 22 City Council Meeting 6/15/10 County Racing Committee Report Supervisor Yepsen reported Charlie Hayward joined the meeting by teleconference and provided an update on the loan to NYRA. The VLT process is a little different this time; the State Lottery Division is running the RFP and will comply with the NYS procurement rules. Any potential bidder was required to put up $1 million dollars. They hope to have a recommendation by Labor Day. ArtsFest Supervisor Yepsen thanked everyone who participated in the ArtsFest this weekend. It take a lot of volunteers to make this happen. Matt Veitch Public Safety Committee Supervisor Veitch reported they approved 2 major items; they accepted a $5,000 grant from Senator McDonald’s Office for purchase of computer equipment for the DA’s office. The animal shelter numbers are going up, as usual in the summer. Racing Committee Supervisor Veitch reported they met June 3rd with Charlie Hayward. They learned that the loan is not a flat $25 million dollar grant but actually a bond being floated by the Empire State Development Corporation. NYRA will receive that money in installments with the first payment being received this week. Much of this is contingent upon the VLT issue with the loan being transferred to the VLT vendor, who will pay off the loan to the state, and NYRA will pay the VLT vendor once the gaming facility is up and running. Geyser Road Bridge Supervisor Veitch reported the project started yesterday. One lane of traffic was closed today. Lanes will be closed intermittently between today and Thursday. They are implementing the reverse 911 system to inform local residents. On June 21st the road will be completely down to 1 lane until the project is completed; sometime in the fall. Sundae on the Farm Supervisor Veitch reported the sundae on the farm will be June 20th from noon – 4 p.m. at Arnold Haven Farm in Charlton. June is dairy month. 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 10:35 p.m. Respectfully submitted, Lisa Ribis Clerk Approved: 7-6-10 Page 21 of 22 City Council Meeting 6/15/10 Vote: 5 - 0 Page 22 of 22