City Council

CITY OF SARATOGA SPRINGS CITY COUNCIL MEETING CITY COUNCIL ROOM TUESDAY, SEPTEMBER 21, 2004 6:45 P.M. PRESENT: Commissioner Thomas Curley, DPS Michael Lenz, Mayor Commissioner Matthew McCabe, Finance Commissioner Thomas McTygue, DPW Commissioner Stephen Towne, Accounts ABSENT: Phil Klein, Supervisor Anthony Scirocco, Supervisor STAFF PRESENT: Matthew Dorsey, City Attorney Patrick Design, Deputy Commissioner, DPW Erin Dreyer, Deputy Commissioner, DPS Debbie Harper, Deputy Commissioner, Accounts Alicia Wardell, Deputy Mayor Executive Session Council members adjourned to executive session at 6:00 p.m. to discuss land acquisition and a DPS personnel matter. Council members returned to regular session at 6:45 p.m. Mayor Michael Lenz reported that no action was taken on either item. PUBLIC HEARING Lodging Establishments & Eating and Drinking Establishments Mayor Michael Lenz opened the public hearing. Geoff Bornemann said the Joint Zoning Amendment Workgroup had been asked to review the rooming house definition in connection with Chapter 136 of the City Code on Lodging Establishments and Eating and Drinking Establishment. He said the group met four times to review the material. The committee made two recommendations: that the rooming house definition be eliminated and categories of corridor rooming house and neighborhood rooming house be added. They also recommended that the record of lodgers section be amended to include that the record identify which rooms in the establishment were occupied during the day and evening and how many persons occupied each room. He said the more significant change was to include “levels” of categories for rooming houses and bed & breakfasts. He said the larger rooming houses would be allowed in the “corridor” areas of the City while the smaller ones would be allowed in other sections of the City. He said the length of stay for rooming houses was established at 28 days. Eileen Oliver, 181 Phila Street, said her business is licensed as a rooming house and it is a small scale operation. She said these amendments would effectively put her out of business. She has made a significant investment to this home. Her neighbors have made her feel unwelcome with their complaints. She is struggling to maintain her livelihood and asked that the Council not accept these recommendations. Randall Veitch, attorney from Whiteman, Osterman & Hanna representing Eileen Oliver, said the Council should first consider the SEQR. He said that it must be addressed with these recommendations. He said there is no rationale for the 28 day length of stay period, thereby making it arbitrary and capricious. He said Page 1 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 21, 2004 through their research of many communities, they have found that there is no length of stay indicated. He said approving these changes would set a precedent in that when a small group of neighbors can raise their voice based on unsubstantiated allegations, a category of business could be eliminated. He also suggested that logic would dictate that both the zoning ordinance and the licensing procedures would be adopted in conjunction with one another. Susan Steer, 180 Phila Street, supported the revision to the licensing procedures. She said Eileen Oliver obtained a license without a public hearing because one was not required. She said Eileen Oliver advertises as a bed & breakfast and holds weddings and special events. She said Eileen Oliver had been instructed by then City Attorney Jeff Wait that she could not hold special events but recently she held a rehearsal party. She advertises on the Lily & Rose Web Site as holding special events. She said there is a parking problem in this area. She said special use permits should be required for this type of use. She had a petition with 59 signatures all opposing this use. She said there needs to be a clear and distinct difference in the length of stay between rooming house and bed & breakfasts. This is a neighborhood and they did not want a transient population. She questioned why Phila and Caroline Streets and Nelson Avenue were included in the “corridor” category. She said this neighborhood is very different from corridors since Union Avenue. David Perry, 173 Phila Street, said he supported the 28 day stay, public hearing and site plan review. He said Phila and Caroline Streets and Nelson Avenue should not be included in the corridor category. He also said the lack of enforcement was an issue. He said Eileen Oliver has been directed to stop the special events but she continues to do so. He said when there is a violation the license should be revoked. Bob Turner, 180 Phila Street, said the Council should consider removing the rooming house definition. He said the lack of enforcement for Eileen Oliver’s special events was of great concern. He said that she rents out all 13 of her rooms which puts her in the second category. He questioned whether she was paying the room tax. He said this has been a struggle for more than two years. This is a residential neighborhood and he did not want to see commercial use. The record of lodgers should also be made available to the code enforcement officers. There being no one else wishing to speak, Mayor Michael Lenz closed the public hearing. CALL TO ORDER Mayor Michael Lenz called the meeting to order at 7:00 p.m. PUBLIC COMMENT PERIOD Bob Cleary, 127 Van Dam Street, said he supported Commissioner Matthew McCabe’s idea of purchasing the parking lot on Wells Street and developing it into a park. He said it was his understanding that the lot was for sale for $50,000 and it would be an appropriate purchase under the bond act. He said a small park on the north side is needed. Teresa Capazolla, 57 Gilbert Road, encouraged the Council to move forward with the rezoning of the Anderson parcel along Gilbert Road/Lake Avenue. She said that the Council previously supported the RR1 zoning, however, the decisions was turned over by the Courts. She said the Comprehensive Plan suggests that the area should be zone RR1. This has been an issue since 1999. She previously submitted a petition with 140 signatures in support of the RR1 designation. She said this is a big part of the city in the country slogan and there needs to be some country left. They are committed to keeping the downtown strong and limit the sprawl. She said Gilbert Road cannot handle increased traffic. She reminded Council members that they had campaigned on this issue and urged Council members to support the RR1 designation. Patricia Driscoll, 102 Van Dam Street, encouraged the Council to purchase the small parcel of land near Wells Page 2 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 21, 2004 Street and to develop it into a park. Larry Toole, Longwood Drive, also said that Council should designate the Anderson parcel as RR1. He said the Council should reinstate their original vote on this matter. Greg Anderson, son of the Anderson property owner, said the 1999 comprehensive plan called for high density residential zoning due to the projected shortage of affordable housing in the City. He said there is a workforce housing issue in the City. He said they are developing a proposal to be submitted to the Planning Board in the very near future and he wanted fair opportunity to make this presentation. He asked the Council to allow that to happen. Patricia Izzo, 13 Piping Rock Circle, said the Anderson property should be zoned as two acres and urged the Council to reinstate its original decision. John Thomas, 8 Piping Rock Circle said there is a lot of green space in this area with a lot of wild vegetation and animals noting in particular the black bear population. He asked the wilderness in this area should be preserved. Gene Sirianni, 117 VanDam Street, said he supported the idea of making a small pocket park of the parking lot near Wells Street. He said it would be a wonderful enhancement to the neighborhood. Mayor Michael Lenz closed the public comment period. ACCOUNTS DEPARTMENT Lodging Establishments and Eating & Drinking Establishments (04-173) Commissioner Stephen Towne said that the modification to this ordinance is not about 181 Phila Street. He said there are four other establishments in the City that will be impacted by this change. He said this review of this ordinance is part of his overall review of ordinances used by his department. He said this committee had 15 members and met many time to produce a thorough document. He said that when the document reached the Council, he pulled the rooming house category out for further review and the Council supported the document unanimously. The Joint Zoning Workgroup committee reviewed the definition and has now submitted their recommendations to the Council. He said the other rooming house establishments have been made aware of these proposed changes and they comfortable with the changes. Commissioner Stephen Towne said that the committee also allowed for some leeway by recommending that two renewal periods be allowed to give the applicants time to comply with the ordinance. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded to adopt the recommendations of the Joint Zoning Amendment Workgroup and amend Chapter 136 of the City Code entitled Lodging Establishments and Eating & Drinking Establishments to amend Section 136-1 and add the definition of rooming house as proposed and discussed and to amend Section 136-8 Record of Lodgers to include the new material as proposed and discussed. Commissioner Thomas Curley asked if about the other rooming house establishments. Geoff Bornemann said he had spoken with other establishments and they can all apply under one of the categories provided in the ordinance. Commissioner Thomas Curley asked about the SEQR matter. Tony Izzo said it is a Type II SEQR action and, therefore, exempt. Commissioner Thomas Curley said he was not comfortable with the 28 day length of stay, but due to lack of objection from property owners would support the motion. Commissioner Matthew McCabe said that he would support this proposal and hoped that Eileen Oliver could work with the City in making her business continue. Page 3 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 21, 2004 Ayes all. MAYOR=S OFFICE Taping of Council meetings Mayor Michael Lenz reported that Council meetings were now being taped and shown on Time Warner Cable. The tape is shown on the Monday following the meeting. Henry Street Zoning Amendment Petition Commissioner Thomas McTygue recused himself as he is one of the applicants. Mayor Michael Lenz said the Council has received a petition from four property owners for a zoning map amendment that would change the classification of five parcels of land on Henry Street near McTygue Alley from Urban Residential-4 single family, two-family and multi-family residential use to Transect-5 Neighborhood Center District (mixed use). The Council needs to decide if it will accept this petition for study and forward it to the City Planning Board for the required advisory opinion. Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to accept the petition for study and to send it to the City Planning Board for an advisory opinion. Ayes all. Commissioner Thomas McTygue resumed his seat on the Council. Lodging Establishment and Eating & Drinking Establishments Zoning Amendments Mayor Michael Lenz said the Council had received a request from the Joint Zoning Amendment Workgroup for a set of zoning text and map amendments relating to regulations for rooming houses, bed & breakfast facilities and other lodging establishments. The Council needs to decide if it will accept these amendments for study and forward it to the City Planning Board for the required advisory opinion. Mayor Michael Lenz moved and Commissioner Stephen Towne seconded to accept the proposed amendments for study and to send it to the City Planning Board for an advisory opinion. Commissioner Stephen Towne said he would like the Planning Board to focus part of their discussions on the corridor issue and the criteria for how those determinations are made. Ayes all. Appointments (04-174) Mayor Michael Lenz announced the appointment of Chris Signor to the Zoning Board of Appeals and Beau Kilmer to the Recreation Commission. Economic Development Revolving Loan Application (04-175 Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to approve the Economic Development Revolving Loan application from Paul Tommell, Land Surveyor at 73 Excelsior Avenue for $75,000 at 5 percent fixed rate for ten year amortization with a five year term. There will be at least three new FTEs within two years for persons of low and moderate income. Projects include a total of eight new FTE positions and the retention of 11 FTE positions. Ayes all. CDBG Subrecipent Contract Extensions (04-176) Page 4 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 21, 2004 Mayor Michael Lenz moved and Commissioner Thomas Curley seconded to approve the contract extension from subrecipents receiving Community Development Block Grant funding as follows: Shelters of Saratoga, Home Made Theater, Domestic Violence and Rape Crises Services and Saratoga Center for the family. Ayes all. St. Paul Evangelical Lutheran Church 110th Anniversary Proclamation (04-177) Mayor Michael Lenz read the following proclamation into the record: A PROCLAMATION of the City of Saratoga Springs WHEREAS, Saint Paul's Evangelical Lutheran Church held its first worship service October 14, 1894, at the Temperance Hall, 445 Broadway, Saratoga Springs, New York WHEREAS, Saint Paul's Evangelical Lutheran Church is celebrating its 110th anniversary WHEREAS, Saint Paul's Evangelical Lutheran Church since its beginning has carried out a Christ centered ministry of Word and Sacrament WHEREAS, Saint Paul's Evangelical Lutheran Church during its early years worshipped in various rented locations in Saratoga Springs, New York, and then purchased its first building on Henry Street, Saratoga Springs, New York in 1900 WHEREAS, Saint Paul's Evangelical Lutheran Church has worshipped at its current location of 149 Lake Avenue, Saratoga Springs, New York since 1960 and expanded these facilities in 1995 WHEREAS, Saint Paul's Evangelical Lutheran Church in 1996 established its Christian Childhood Center that now serves over 100 preschool aged children on a weekly basis through its preschool and extended day programs WHEREAS, Saint Paul's Evangelical Lutheran church expanded its ministry to families and youth through the addition of an Associate Pastor for Family Life and Youth Ministry in 2000 WHEREAS, Saint Paul's Evangelical Lutheran Church in its desire to meet the human care needs of the community has expanded its outreach ministry by adding a Director of Human Care to its staff in 2003 WHEREAS, Saint Paul's Evangelical Lutheran Church is a congregation that now numbers over 525 confirmed members and over 950 baptized members NOW, THEREFORE, I, Michael A. Lenz, Mayor of the City of Saratoga Springs, am pleased to congratulate Saint Paul's Evangelical Lutheran Church on the occasion of the 110th Anniversary of its first worship service and express gratitude to the people of Saint Paul's Evangelical Lutheran Church for their faithful and dedicated service to the community of Saratoga Springs, New York and the surrounding area. Capital Budget - 2005 Mayor Michael Lenz moved and Commissioner Matthew McCabe seconded to add the topic of the 2005 Capital Budget to the agenda. Ayes all. Mayor Michael Lenz said that earlier today the proposed 2005 Capital Budget had been distributed. He said the Capital Project Committee met four times and submitted a proposed capital budget to his office. He said this capital budget is a good starting point for discussion by the Council. Commissioner Matthew McCabe said the budget process was off to a good start with all budgets being submitted to his office on time. Page 5 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 21, 2004 ACCOUNTS DEPARTMENT September 7, 2004, Meeting Minutes Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to approve the September 7 meeting minutes. Ayes all. September 21, 2004, Meeting Minutes Commissioner Stephen Towne moved and Commissioner Thomas Curley seconded to approve the September 21 meeting minutes. Ayes all. Commissioners of Deeds Commissioner Stephen Towne announced the appointment of the following individuals as Commissioners of Deeds with a term of two years: Gloria Battaglini, Accounts Department; and Michael Chowske, Daniel Mullan, John Barney, Christopher Kuznia, Linda Quattrinni, Anthony Scirocco, John Catone and Edward Lewis all of the Police Department. Award of Bid - Commercial Duty Utility Service Body Upon the recommendation of the Department of Public Works, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the bid for the Commercial Duty Utility Service Body to STS Truck Equipment & Trailer of Albany in the amount of $6,595 (low bidder). This bid has been reviewed by the Purchasing Department and meets the Purchasing Guidelines. Ayes all. Traffic Consultant for Excelsior Avenue Commissioner Stephen Towne said the Planning Board has proposed to develop a traffic improvement plan and fair share cost plan for the Excelsior Avenue Corridor. This plan would evaluate the development potential of the corridor, identify traffic impacts, review alternative solutions and develop a long range plan for traffic improvements within the corridor from High Rock Avenue to Veteran’s Way. The City has received $25,000 from one of the development projects in this area to pay for the study. The Accounts Department distributed proposals to 12 consulting firms and received 2 responses. A subcommittee of the Planning Board reviewed the responses and has made the recommendation that the firm of Edwards and Kelcey be retained because they had the most appropriate responses to the RFP and had the best knowledge of the local issues. By a vote of 6-0, the Planning Board made a recommendation to the City Council that Edwards and Kelcey be retained to assist the Board. Upon the recommendation of the Planning Office, Commissioner Stephen Towne moved and Commissioner Thomas McTygue seconded to award the RFP for the Traffic Improvement Plan for the Excelsior Avenue corridor to Edwards and Kelcey in the amount of $24,980. The RFP has been reviewed by the Purchasing Department and meets the Purchasing Guidelines. Ayes all. Contract for City Council Clerk Commissioner Stephen Towne moved and Commissioner Matthew McCabe seconded to authorize the Mayor to sign the contract with Barbara Johnson for her services in taking minutes at City Council meetings. Ayes all. Lodging Establishments and Eating & Drinking Establishments - Previously discussed. Page 6 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 21, 2004 Defensive Driver Program Commissioner Stephen Towne said the Defensive Drive Training Program was held yesterday with 30 employees attending. The program was a recommendation under the Safe City Program. The program was paid for by Marshall & Sterling. The objective was to reduce incidents, increase safety and lower premiums. Commissioner Stephen Towne thanked both Commissioners Thomas McTygue and Thomas Curley for their assistance in making employees available for this program. Risk & Safety Manager - Appointment (04-178) Commissioner Stephen Towne announced the permanent appointment of Marilyn Rivers as Risk & Safety Manager effective September 10. Assessment Department Reorganization - Withdrew. Assessment Department Salaries (04-179) Commissioner Stephen Towne said there will be numerous changes in the Assessment Department with the retirement of Joe Williams, Assistant City Assessor. Because the existing position description is outdated, he worked with state and county representatives on redeveloping this position. The position has increased in responsibility and complexity over the years. He has reviewed the new position description with Civil Service. Due to the increased level of responsibility he was now looking to increase the compensation. The position is currently at Grade 14 but he would like to increase it to between Grade 15 and 17 for a maximum salary level of $68,000 according to the current salary structure. He said he planned to bring the exact grade and step back to the Council at a later date. He noted that any change from the current salary to the new salary will be subsidized with the money from the state. Commissioner Stephen Towne moved and Mayor Michael Lenz seconded that the position of the Assistant Assessor be at a grade between Grade 15 and Grade 17 under the existing salary structure. Ayes all. FINANCE OFFICE Payrolls Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the payrolls as follows: September 10, 2004 -- $358,995.78 and September 17, 2004 B $369,721.37. Ayes all. Warrants Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded to approve the warrants as follows: 2004 regular warrant 9/21/04 2SEP04 $2,643,830.84 2004 mini warrant 9/15/04 MC040915 $ 76,459.78 2004 mini warrant 9/16/04 MC091604 $ 5,904.90 Ayes all. Budget Transfers Commissioner Matthew McCabe moved and Commissioner Stephen Towne seconded for the approval of the 2004 budget transfers (Attachment A) previously distributed with Friday’s agenda as follows: Lines 1-12 are a request from recreation to cover an increased number of participants in programs, a change in the hourly rate for instructors, start up money for the concession, materials to repair skatepark and an increase in number of rainy day activities due to weather. Lines 13-16 no Page 7 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 21, 2004 explanation needed. Lines 17-18 are a request from public safety to cover emergency repairs to the septic system at police garage. Lines 19-20 are a request from Accounts to assist in payment of additional recreation property and casualty activity. Lines 21-23 are a request from public safety o cover the cost of phones for remainder of year. Lines 24-27 no explanation needed. Lines 28-30 are a request from finance to properly budget for 2004 interest payment on 2004 Bond. Lines 31-35 no explanation needed. Lines 36-39 are a request from the City Attorney to cover the cost of the part time legal stenographer. Lines 40-41 are a request from public safety to purchase office equipment for code enforcement to improve working conditions. Lines 42-50 no explanation needed. Lines 51-52 are to cover general expenses not previously budgeted. Lines 53-54 no explanation needed. Ayes all. Budget Amendments Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded for the approval of the 2004 budget amendments (Attachment B) previously distributed with Friday’s agenda as follows: Lines 1-2 are a request from Accounts to properly record the award of a records management grant. Lines 3-6 are a request from recreation to record donations for the skatepark and cover a reimbursement for rainy day activities. Lines 7-19 are a request from recreation to record an increase in number of participants. Lines 20-21 are a request from public safety to record an overtime reimbursement from New York State for EMS training. Lines 22-26 are a request from public safety to use surplus to cover the cost of the Firefighters contract. Lines 27-28 are a request from Engineering to use additional site inspection fees to pay for part time person. Lines 29-30 are to record an increase in publication copies paid by public. Lines 31-32 are a request from public safety to record a reimbursement for the STEP grant. Lines 33-34 were not used. Lines 35-36 are a request from public safety to record revenue from the sale of vehicles. Lines 37-39 are a request from public safety to record a reimbursement from NYRA for fire services. Lines 40-41 are a request from UHAP to record video sales. Lines 42-43 is to record a reimbursement from NYMIR for 2000 Crown Victoria. Lines 44- 47 are a request from UHAP to record video sales, donations and brochure rentals. Ayes all. Navy Utility Bills Commissioner Matthew McCabe said that at a previous City Council meeting, during a presentation made by the Navy, he mentioned to the Navy outstanding water and sewer bills they had with the City. After that meeting, the Navy contacted Mike King and a meeting was held. Mike King reviewed the delinquent bills and was able to obtain payment from the Navy in August. The Navy is now current. Recreation Open Space Commissioner Matthew McCabe said he would like to pursue the idea of purchasing the school owned parcel of land near Wells Street, using bond act funds, and developing the area into a park. He said it would be an appropriate use of those funds. He said he would discuss the idea with Council members and would bring this back for further discussion at a later date. He also pointed out that there was no compelling reason to spend the entire $5 million allowed under the bond act. He said the Council owes it to the residents to express a clear vision on how parcels will be used. Final Numbers on Summer Parking, Track/Street Vendors - Withdrawn. Anderson Property - Referral to the Planning Board Commissioner Matthew McCabe said the Anderson parcel should be zoned as RR1 and there is precedent for that zoning. He said he hoped there would be support from the Council to accept this proposal and forward it to the Planning Board for an advisory opinion. Tony Izzo said the Council previously engaged the services of Behan Associates to evaluate the Anderson Page 8 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 21, 2004 property and to prepare the SEQR documents. He said it was originally zoned SWAD and then rezoned to RR1, however, the courts overturned the decision on a procedural issue so it reverted back to the SWAD. The question is, should it be brought back to the Council to be rezoned to RR1. He said the Behan document is extensive and concludes that the area is developable as RR1 and meets the acceptable guidelines and thresholds to be developed as RR1. Commissioner Thomas McTygue said a motion should be brought forth before the item is discussed. Commissioner Matthew McCabe moved to accept the amendment for study and to send it to the Planning Board for an advisory opinion. There was no second. 2005 Budget - Set Public Hearing Commissioner Matthew McCabe said the 2005 budget requests were due September 15. All were received in a timely fashion. He will prepare a comprehensive budget, as called for in the Charter, for submission to the Council at the October 5 Council meeting. Commissioner Matthew McCabe requested a budget workshop for Tuesday, October 12 at 6:00 p.m. in the City Council Room and the first public hearing on Tuesday, October 19 at 6:30 p.m. in the City Council Room. Two more public hearings will be held between October 19 and November 30. He reminded Council members that the budget needs to be adopted by November 30. He said the first two public hearings would be used for public comment only and not City department comment. The departments can comment at the third public hearing. It was agreed the Capital Budget would also be discussed at the October 12 workshop, therefore, the time was moved to 5:00 p.m. Sales Tax - Vendor Reporting Commissioner Matthew McCabe said that recently 70 more vendors were identified in the capital region as failing to report their sales tax on the City line. He said they are paying their taxes, just not to the right municipality. He said 70 was a good number and there is more every week. He said that as this list continues to grow, he will keep Council members informed. Commissioner Thomas McTygue commented that it was interesting that the Board of Supervisors reduced the sales tax percentage going to the City of Mechanicville. He wondered why the Board of Supervisors would reduce that amount with the rather large budget surplus they have. DEPARTMENT OF PUBLIC WORKS Submarine Convention Commissioner Thomas McTygue said Saratoga Springs is different from other communities as shown during the recent submarine convention. He said the graciousness of the community is incredible. He said that throughout the week he received compliments from the conventioneers on the warm welcome they received. He thanked all City Hall employees who participated for volunteering their time at the Casino during the welcoming party. He said the restaurants, hotels and the City as a whole did well during this convention. He noted that this was the first parade that the submarine personnel ever had. South Broadway Rehabilitation - Public Information Meeting Commissioner Thomas McTygue said that a public information meeting would be held on Thursday, Page 9 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 21, 2004 September 23 at 7:00 p.m. with City staff and the design consultants on the rehabilitation of the South Broadway corridor. He said this project includes road work, sidewalks, and curbs. Geyser Crest Wellfields Rich Straut, Barton & Loguidice, said that Michael Brother, Brown & Caldwell, was here this evening to make a presentation on the capacity at the Geyser Crest Well field. He said the specific issue was the capacity during the drought times. During the SEQR process for the alternative water source, there were some questions raised on that issue. He said the issue was whether the lower capacity levels are due to the lack of precipitation or did the wells need to be cleaned. Michael Brother, Brown & Caldwell, made a power point presentation. He said the two key issues were: 1) was the reduction in the well field capacity in 1999 a result of fouling or the consequence of aquifer or climatological limitations; or 2) could the well field rehabilitation of the well field lead to a significant increase in well field capacity. Michael Brother said the well is located to the southwest of the City off of Geyser Road on Hathorn Boulevard. It is comprised of Lacustrine delta and Lacustrine sand. The City purchased the well field in 1979 and when it was pumping .35 mgpd. In 1985, the City connected the well to the City system and the flow was increased to 1.25 mgpd, however, the permit was for 2 mgpd. The estimated yield is 1.8 mgpd although the design capacity is for 1.7 mgpd. In 1999, drought of record, only .5 mgpd was pumped. Michael Brother said this is a surficial unconfined aquifer which is exposed to atmospheric pressure, recharged from precipitation thereby making performance correlated with annual precipitation. Therefore, in drought years less water is available. The wells range in size from 6 to 24 inches and are between 40 and 60 feet in depth. He said wells four and six cannot be used at the same time because of their proximity to one another. He then displayed a chart showing the precipitation and performance of the wells and that correlation. He noted that when perception declines, the pumping capacity decreases. He further noted that when the perception returns to average levels, so does the pumping capacity. Michael Brother said the City responded to the 1999 drought by decreasing the amount of water pumped so as to not pump them dry. Michael Brother said the field operators do what they can by monitoring the wells, pressure, draw down rates, efficiencies, etc. He said that they recently noted a decline in the gpm per foot in well seven, did an acid wash and increased the gpm per foot. Michael Brother said the performance of the wells are constrained by the available perception and recharge. He said there is a thin saturated area and large quantities are being pumped. He noted that the levels during 1999 correlate region wide and was not due to fouling or mineral clogging. He said well interference contributed to capacity limitation, however, with optimal well spacing the system would remain still remain vulnerable during drought years. He said the maintenance activities have been effective in restoring or enhancing capacity. He said that from the stand point of additional capacity, there is little room for expansion due to the subdivision. He said under the optimum well spacing scenario, it would be likely that only a few hundred gallons per minute would be derived. Commissioner Stephen Towne asked what the “significant” increase and what was the frame of reference percentage wise. Michael Brother said well rehabilitation efforts are best implemented when there is evidence of a decline. He said, though, that the City cannot improve a well field if there is no clogging. He said the City cannot affect the aquifer, only the pumping. Commissioner Stephen Towne said one of the slides referenced “significant” increases and asked how much more would it need to be increased in order to be significant. Michael Brother said it would be surprising if by any well rehabilitation as this field that the increase would be more than five percent. He said the system is currently functioning well. He said if the system had been neglected there could be some improvements, however, this system is being properly maintained. Mayor Michael Lenz asked about the permitted 2 mgpd and if the City could draw more. Rich Straut said that Page 10 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 21, 2004 the City is permitted to draw 2 mgpd by DEC permit. He noted though that was before well seven came on line. He explained that initial reports showed that the City could potentially pump 4 mgpd, however, those estimates have decreased. When the wells were pump tested together it was the intent to get to 3.8 mgpd, however, the City did not achieve that level. He said the City cannot get 2 mgpd at this time and is currently pumping about .5 mgpd. Mayor Michael Lenz said that this whole topic came up when a firm requested to go out and test the well field. It was at that time that the Council agreed to open it up to all firms. He asked if the information that the firms would require had been included in this report (historical pumping records, maintenance, water quality data, well construction drawings, etc.). Rich Straut said that the firm requesting the information was a firm that specializes in rehabilitating wells. He said his firm, Barton & Loguidice, does not specialize in well rehabilitation, but did the analysis to obtain the data. He said the analysis is showing that the DEIS is correct in that the City could not realistically expect to pump 2 mgpd from the Geyser wells. The data from 1999 showed that the City was close to pumping air. The data shows that well four could use some rehabilitation, however, with that rehabilitation, it would not be enough to solve the City’s water issues. Mayor Michael Lenz asked if these were shallow wells and would it help to go deeper. Michael Brother said these are shallow wells due to the bedrock. He said the City is restricted geographically by where the wells are located. Commissioner Matthew McCabe asked if in their research, did they look at the geology in the region. Michael Brother said there is potential for more wells, but it would be a large investment in the City’s infrastructure. Release DEIS Responsiveness Document (04-180) Doug Ward said that the release of this document had been outlined in his September 17 memo which included a draft resolution. He said after the resolution is adopted there is a mandatory ten day waiting period for the findings statement. The last step in this process is the findings statement which is the document that the Council uses to evaluate the FEIS and to weigh the impacts. He said the resolution this evening was just the step to release the document to the public. Doug Ward then read the resolution: Resolution Regarding the Public Release of a Final Environmental Impact Statement for a Water Source Development Project WHEREAS, the City of Saratoga Springs has proposed to develop a new water supply source to meet the community’s long-term and emergency water supply needs. WHEREAS, this proposal must be evaluated pursuant to the requirements of the State Environmental Quality Review Acts (SEQRA) (Article 8 of the New York State Environmental Conservation Law) and implementing regulations (6 NYCRR Part 617). WHEREAS, on September 9, 2004, the City Council, as Lead Agency under SEQRA, was provided with a Final Environmental Impact Statement (FEIS) for the Project by the City’s engineering consultants. NOW, THEREFORE, BE IT RESOLVED, that pursuant to 6 NYCRR 617.9(a) (5-6) and other provisions of SEQRA, this FEIS shall be released to the public and filed and a Notice shall be filed, circulated and published in accordance with 6 NYCRR 617.12. Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded to release the responsive document. Ayes all. Donation Received Commissioner Thomas McTygue moved and Commissioner Stephen Towne seconded to accept the $20 donation from Marlene Lane. The donation was made due to her enjoyable experience at the carousel. Ayes all. Page 11 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 21, 2004 Donation to the Town of Greenfield Commissioner Thomas McTygue moved and Mayor Michael Lenz seconded to approve the donation of the 1994 Ford F-700 Chipper Truck to the Town of Greenfield. The estimated value of the vehicle is $1,500. Ayes all. Water Treatment Plant Open House Commissioner Thomas McTygue reported that the Water Treatment Plant would hold an open house on Saturday, October 2. Pedestrian Improvement Project (04-181) Commissioner Thomas McTygue said that on August 27 Paul Male sent the Council a memo concerning the pedestrian improvements project. He said he was requesting that the Design consultant modify the Woodlawn Parking lot so that all existing trees can remain for an added cost of $3,789.60 and also provide additional elevations on the plans along Caroline and Putnam Streets for an additional fee of $959.40 for a total of $4,749. This will be reimbursed 80 percent by the state when the work is completed. Commissioner Thomas McTygue moved and Commissioner Matthew McCabe seconded that the pedestrian improvement project be modified as stated above. Commissioner Matthew McCabe said he was concerned with the “use it or lose it” concept. He asked if the City would see some net gain of parking spaces. Commissioner Thomas McTygue said yes. He said this particular part of the pedestrian improvement project was a small part. He said the project will be reimbursed 80 percent from the state and it was only a small amount of City funds. He said while the Council is trying to decide whether to construct a garage in this area, the City can still get some use from this property. He said the trees could be cut down, but he would rather see them saved. Bill McTygue said the project had been designed and it is nearly ready to go out to bid by the state. He said the City has asked for a small modification to the design along Caroline Street sidewalk width. He said with the redesign along Caroline Street, the north side will allow one additional foot of pavement for vehicles. Commissioner Thomas Curley asked if this project was the same project that has the traffic signals for Spring Street. Geoff Bornemann said this project included many things such as the Spring Street traffic signal, improvements on Putnam & Caroline Streets, traffic signals along Broadway and the Woodlawn Avenue parking lot area. He said this project has been ongoing for about six years Mayor Michael Lenz asked if the money could be reallocated. Bill McTygue said no, the funding had already been established and could not be reallocated for other projects. He said it might be possible that the project could be jeopardized if the City started changing or removing things. Ayes all. DEPARTMENT OF PUBLIC SAFETY Calls for Service -- Statistics Commissioner Thomas Curley reported that from January 1 to September 6, the DPS had 1,800 calls and he estimated that would grow to 2,500 by the end of the year. He said that of the track related calls (365), 213 were for EMS assistance. He said that about 65 percent of the calls are EMS calls. Child Safety Seat Program Page 12 of 13 City of Saratoga Springs City Council Meeting Minutes Tuesday, September 21, 2004 Commissioner Thomas Curley announced a child safety seat check for September 25 between 3:00 p.m. and 6:00 p.m. at the Alstar dealership on Route 50. Executive Session -- Personnel Matter Commissioner Thomas Curley reported that no action was taken. Spa Net Contract Commissioner Thomas Curley moved and Commissioner Stephen Towne seconded to approve the contract with Spa Net for computer services subject to the City Attorney working out the minor details of the contract with the vendor. Matthew Dorsey said the contract had been reviewed by Kevin Kling, Marilyn Rivers and himself. He said there were some minor details that needed to be worked out. Ayes all. COUNTY SUPERVISORS Nothing. PUBLIC COMMENT PERIOD No member of the public wished to comment. ADJOURNMENT Mayor Michael Lenz moved and Commissioner Thomas McTygue seconded to adjourn the meeting at 9:25 p.m. Ayes all. There being no further business, Mayor Michael Lenz adjourned the meeting at 9:25 p.m. Respectfully submitted Kathy Moran Clerk Approved: Page 13 of 13