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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL

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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL Powered By Docstoc
					MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD THURSDAY, OCTOBER 4, 2001, AT CITY HALL

Present:

Mayor Ellen Polimeni, Councilmembers Michael Neiderbach, Paul D. Fiorentino Richard Russell, Lori Rivet, David B. Baker, Daniel Bray, and C. Marshall Seager

Also Present: Corporation Counsel Scott Smith, City Manager Stephen C. Cole, Deputy ClerkTreasurer Carol Jensen Absent: Councilmember Frederick G. Reed and Clerk-Treasurer Laura Kay Wharmby

Mayor Polimeni called the meeting to order at 7:30 p.m. Councilmember Neiderbach advised that Councilmember Reed might be present later on in the meeting. Councilmember Neiderbach moved acceptance of the Minutes of the Regular Meeting of September 20, 2001. Councilmember Baker seconded the motion, unanimously approved by Council. Committee Reports: Councilmember Rivet reported that the Environmental Committee met Tuesday, October 2nd and had an informational meeting on the State’s plan for improvements to the Routes 5 & 20 corridor. The committee approved special events and the Thompson water line dedication. The committee listened to a presentation on heritage tourism from Ed Varno of the Historical Society. He has some some good ideas, i.e. educational sessions for City officials, visitor pamphlets, a bicycle program through the city where they could tour historical houses. The next meeting will be held in November. Councilmember Fiorentino reported that the Planning Committee would meet on October 25th, at 7 p.m. at the Hurley Building. Items on the agenda are the comprehensive plan update, the Rosepark Hotel proposal, and North Street reconstruction. Councilmember Baker reported that the Finance Committee met on September 27th and discussed the Bristol Street sewer problem at the Miller residence. The committee voted 3-0 to proceed with obtaining the easement. The committee voted 3-0 to recommend that Council approve amendments to the payment in lieu of taxes agreement with CRDC. The first section was correcting a typo and in section 2 the payment due date is November 1, and if payment is not made, interest would be added to the amount owed at a rate of one percent a month or 12% annual. The committee approved changes orders that are in the form of resolutions 136, 137, and 138 on the agenda. One item on hold is the municipal liability bill. The committee felt that they should wait awhile and find out what the status is at the state level. The committee had an information session on the sewer fund analysis. An employee suggestion award was discussed and is on the agenda tonight as a resolution. They held an informational session on the second quarter budget report. The next meeting will be held October 16th. Councilmember Bray reported that there was no meeting of the joint City/Town Recreation committee. At the last meeting the committee discussed establishing a joint committee to look into finding new playing fields. Councilmember Bray asked anyone who was interested in the community to contact him or the city manager’s office. Councilmember Seager reported that the BID board met, but he was unable to attend. Pete VanDenBurg reported that the major items discussed at that meeting were the upcoming downtown events during the holidays, including horse drawn wagon rides. The theme is peace on earth begins at home. Councilmember Rivet reported that the Comprehensive Planning Committee met Monday. They had a presentation with a panel of local business leaders. All had positive things to say about the

committee, which will meet again in two weeks. At that time they will discuss downtown and they would like more people from the community to come and let them know what they would like to see the committee focus on. Resolutions: Councilmember Rivet read a resolution and moved its adoption. Councilmember Neiderbach seconded the motion, carried unanimously by roll call vote Resolution No. 2001-135: A RESOLUTION DETERMINING THE ENVIRONMENTAL SIGNIFICANCE OF THE PROPOSED RECONSTRUCTION OF NORTH STREET

WHEREAS, the City Council has reviewed the Short Environmental Assessment Form (EAF) for the Reconstruction of North Street, has identified the relevant areas of environmental concern, and has taken a hard look at these areas of concern; and WHEREAS, upon review of the information recorded on the EAF regarding project impacts and consideration of both the magnitude and importance of each impact, it is reasonably determined that the project will result in no major impacts and, therefore, is one, which will not cause significant damage to the environment; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Of Canandaigua that the City Council determines that the proposed reconstruction of North Street will not have a significant effect on the environment and directs the Director of Development and Planning to file the attached SEQR Negative Declaration in accordance with the requirements of the New York State Environmental Quality Review Act.

Councilmember Baker read a resolution and moved its adoption. Councilmember Rivet seconded the motion, carried unanimously by roll call vote. Resolution # 2001-136: A RESOLUTION AUTHORIZING AN ENGINEERING SERVICE CONTRACT

WHEREAS, Phase III of the Water Transmission System is needed to increase fire flow capabilities in the northern section of the City and also to meet the consumption demands of the Town of Canandaigua and the Canandaigua/Farmington Water District; and WHEREAS, the construction of the Phase III Water Transmission System will eliminate the costly rehabilitation of the North Main Street water tank; and WHEREAS, the representatives of the water districts to the north of the City have asked that this last phase of the water transmission system be constructed prior to June 1, 2002 to avoid the low water flows experienced this year; and WHEREAS, the North Street Project Designer, Goodkind & O’Dea has submitted a design only proposal totaling $35,950.00 that includes easement acquisitions, environmental review and state agency approvals; and WHEREAS, it is essential for the design to be completed to allow for winter construction before the commencement of the North Street Road Project; and WHEREAS, the Finance Committee of the City Council, at its September 27, 2001 meeting reviewed the proposal from Goodkind & O’Dea and the recommendation of the Public Works Director; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes 2

the City Manager to execute a contract with Goodkind & O’Dea to design what is know as the Phase III Water Transmission System at a fee not-to-exceed $35,950.00.

There was some discussion about the resolution. Councilmember Seager pointed out that it was his understanding that Jim Crane of the Canandaigua/Farmington Water District was going to do the installation, and just wanted the City to provide the materials. Mr. Cole responded that was correct. Councilmember Neiderbach said that it was his understanding that the city was contractually obligated to do this. Mr. Cole responded yes, when the need arises, the city has to complete it. Councilmember Bray asked if Councilmembers could get a copy of the agreement. Mr. Cole responded he would include that in the administrative report. Councilmember Seager read a resolution and moved its adoption. Councilmember Baker seconded the motion, carried unanimously by roll call vote. Resolution #2001-137: A RESOLUTION AUTHORIZING AN ENGINEERING CHANGE ORDER

WHEREAS, the City Council authorized an engineering services contract to Thornton Engineering, LLP for engineering services necessary for the replacement of the Perry Place water distribution and Sucker Brook waterline crossing at West Avenue per Resolution #2000-022, dated March 2, 2000; and WHEREAS, the engineering services agreement included a not-to-exceed figure for construction inspection activities of $15,360.00; and WHEREAS, demands of the project has caused the engineering inspection to exceed the initial authorization by $5,912.00, of which, all but $2,560.00 has been previously authorized and paid; and WHEREAS, the last remaining engineering services invoice for construction inspection exceeds the amended authorization by $2,560.00; and WHEREAS, the total construction value will be under the construction award amount by $8,150.94; and WHEREAS, the contractor is required to reimburse the City for the total amount of the liquidated damages and/or premium time reimbursement ($4,104.00); and WHEREAS, the Finance Committee, at its September 27, 2001, meeting reviewed and approved the payment request of Thornton Engineering, LLP, (Invoice No. 01-129 for inspection overage) in the amount of $2,560.00; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes additional expenditure for construction inspection services for the Perry Place and West Avenue Water Distribution System Improvements in an amount not-to-exceed $2,560.00 beyond the original contract and as amended in Resolutions #2001-123 and #2001-134; and be it further RESOLVED that all the additional inspection monies authorized in this Change Order has been reimbursed to the City by the contractor in the form of liquidated damages; and be it further RESOLVED that the monies needed for this change order will come from excess construction funds that have a final contract under run of $8,150.94. Councilmember Bray read a resolution and moved its adoption. Councilmember Seager seconded the motion, carried unanimously by Council

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Resolution #2001-138:

A RESOLUTION AWARDING AN EMPLOYEE SUGGESTION REWARD TO MIKE MILLER

WHEREAS, reducing the costs of local government without compromising the quality of city services is important to the citizens of Canandaigua; and WHEREAS, the City Council has adopted an Employee Suggestion Reward Program to encourage and reward city employees for finding ways to reduce the costs of local government; and WHEREAS, Public Utilities Maintenance Assistant Mike Miller has submitted a suggestion that the City auction impounded and abandoned vehicles rather than sending them to salvage; and WHEREAS, although the ad hoc review committee did not recommend that the suggestion be implemented, the submission of the suggestion did lead to an examination of the current practices and procedures regarding abandoned vehicles and thereby to a recommendation for other changes to those procedures; and WHEREAS, the City Manager and the City Council wish to recognize and commend Mike Miller for submitting this suggestion; and WHEREAS, the Finance Committee recommends that the appropriate reward for this suggestion is a gift certificate for dinner for two at a restaurant in the City of Canandaigua; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Canandaigua that Public Utilities Maintenance Assistant Mike Miller be awarded a gift certificate for dinner for two at a restaurant in the City of Canandaigua. Councilmember Neiderbach read a resolution and moved its adoption. Councilmember Rivet seconded the motion, carried unanimously by roll call vote. Resolution #2001-139: A RESOLUTION AWARDING A CONTRACT FOR THE 2001 CAPITAL SIDEWALK REPLACEMENT PROGRAM

WHEREAS, there exists various sidewalks throughout the City that need replacement; and WHEREAS, bids were received on October 1, 2001, for the replacement of said sidewalks; and WHEREAS, three bids were received with the lowest responsive bid being submitted by Sunshine Concrete Company, Inc., 2081 Tonawanda Creek Road, Amherst, New York, 14228; and WHEREAS, the itemized unit prices for sidewalk replacement (both 4’ and 5’ wide) and the placement of sidewalk through commercial driveways is shown on the attached sheet; and WHEREAS, funding for this project is included in the 2001 General Fund Capital Sidewalk Improvement Budget; NOW, THEREFORE, BE IT RESOLVED that the City Manager is hereby authorized to execute a contract with Sunshine Concrete Company, Inc., 2081 Tonawanda Creek Road, Amherst, New York, 14228, at the itemized unit prices on the attached sheet at a total contract amount not-to-exceed $36,587.00.

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Councilmember Russell thanked city crews for repairing a sidewalk that was brought to his attention by a citizen on Bristol Street. A visually impaired person walks all the time and there was concern for that person’s safety. City crews responded immediately. Councilmember Bray asked about identifying some of the areas that need repair, and if the city has a list of them. Mr. Cole responded that there is a list. Councilmember Fiorentino said that city crews responded when he received a call from a constituent who has handicapped customers at her beauty shop. City crews installed a curb cut near her shop. Councilmember Bray read resolution and moved its adoption. Councilmember Fiorentino seconded the motion, carried unanimously by Council. Resolution #2001-140: RESOLUTION GRANTING PERMISSION TO THE CANANDAIGUA YMCA TO CONDUCT A FUNDRAISER WALK/RUN

WHEREAS, the Canandaigua YMCA has submitted a Special Events Form requesting permission to conduct their 4th annual one-mile Elmer Hallowell Walk/Run in the City of Canandaigua on Saturday, October 13, 2001; and WHEREAS, all proceeds raised go to their “Caring For Kids” campaign; and WHEREAS, the time, distance, and route of the walk/run is unlikely to present a public safety concern; and WHEREAS, the Environmental Committee reviewed and approved the YMCA Walk/Run Fundraiser at their October 2, 2001 meeting; and WHEREAS, the Canandaigua YMCA have met the insurance requirements of the City of Canandaigua for this event; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Canandaigua that permission is granted to the Canandaigua YMCA to conduct a one-mile walk/run on October 13, 2001 provided the organizers supply traffic monitors and under other such terms and conditions as the City Manager and City Police Department shall establish to insure the health and safety of the Canandaigua residents throughout this event. Councilmember Fiorentino read a resolution and moved its adoption. Councilmember Neiderbach seconded the motion, unanimously approved by roll call vote. Resolution #2001-141: A RESOLUTION AUTHORIZING A CHICKEN BARBECUE FOR THE CANANDAIGUA TEACHER’S ASSOCIATION

WHEREAS, the Canandaigua Teacher’s Association has requested permission to conduct a chicken barbecue on Saturday, October 6, 2001 from 11:00 a.m. until 5:00 p.m.; and WHEREAS, the location of the barbecue will be the Fort Hill Apartments; and WHEREAS, this request is consistent with established Council policy; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Canandaigua that the Canandaigua Teacher’s Association is permitted to conduct a chicken barbecue at the site of the Fort Hill Apartments on Saturday, October 6, 2001, from 11:00 a.m. until 5:00 p.m.; and BE IT FURTHER RESOLVED that Ordinance #6 adopted by the City Council on July 23, 1992, should be adhered to during the conduct of this barbecue. 5

Payment of Bills: Councilmember Baker moved payment of the following bills. Councilmember Bray seconded the motion, carried unanimously by roll call vote.

Thornton Engineering, LLP $2,678.00 Invoice No. 01-129 for Efforts Associated With Contract Administration and Construction Inspection Services for the Perry Place and West Avenue Water Distribution System and Improvements Project

Wind-Sun Construction, Inc. $3,763.85 Final Payment for Work Associated with the Installation of Pedestrian Bridge over Feeder Canal along Routes 5 & 20 Hunt Engineers, PC $276.18 Invoice #22609 for Design Services Associated With Traffic Signal Improvements on Routes 5 & 20 And Muar Street M.L. Caccamise Electric Corp. $819.00 Final Payment for Work Associated with Traffic Signal Improvements at the Intersection of Routes 5 & 20 and Muar Street. Energitx, Inc. $14,828.00 Invoice #20011PC-INV-WTO1 Representing Milestone No. 1 for Energy Services Agreement Manager’s Report: Mr. Cole discussed recent grants that the city applied for, advising that one was denied and the other received. Mr. Cole advised that the West Avenue railroad bridge was going to be painted and that the street would be closed from 8 am – 12 noon on Sunday and all day on Monday. That is the safest way to do it. Mr. Cole reported that the new telephone system is now in place at all city offices. Miscellaneous: Pete VanDenburg advised that the scarecrows were going up downtown, and that they had about the same number as last year. The Autumn Festival is the weekend of October 13th and 14th. Councilmember Bray discussed the possibility of crossing signals with timers. He recently went some place where they had these, and he thought this would be a good for downtown Canandaigua. Mr. Cole said that this had been brought up before and he would follow up to see where that stands. Mayor Polimeni advised that she attended the dedication of Squaw Island Restoration earlier in the day at the Inn on the Lake. Mr. Hudson will be present at the next Council meeting to bring 6

Council up to date. Before the next Council meeting on October 18th there will be a call-in show. David Smith of the VA Medical Center will be the guest speaker and will answer questions. Mayor Polimeni also advised that dates for the budget meetings for next year will also be set at the next Council meeting. Councilmember Bray thanked city crews for the great job they always do on the fall clean up week. Councilmember Neiderbach moved to close the regular meeting to go into executive session at 8:20 p.m. to discuss labor negotiations and personnel matters. Councilmember Rivet seconded the motion, carried unanimously by Council. Councilmember Reed entered the meeting at 8:35 p.m. Councilmember Neiderbach moved to close the executive session and return to the regular meeting at 9:15 p.m. Councilmember Rivet seconded the motion, carried unanimously by Council. Mayor Polimeni gave a report of a meeting that she attended at the VA Medical Center on Wednesday, October 3rd. Councilmember Neiderbach moved to adjourn at 9:15 p.m. Councilmember Rivet seconded the motion, carried unanimously by Council.

______________________ Carol Jensen Deputy-Clerk-Treasurer

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