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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 HELD THURSDAY, DECEMBER 7, 2000, AT CITY HALL

Present:

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

Also Present: Corporation Counsel Scott Smith, City Manager Stephen C. Cole, Treasurer Laura K. Wharmby Mayor Polimeni called the meeting to order at 7:30 p.m.

Councilmember Reed moved acceptance of the Minutes of the November 16, 2000 Council Meeting with the following corrections: Page 3, Resolution #2000-118, the word law was misspelled; Page 4, Manager’s Report, Becky Russell should be Betsy Russell, and the page is also numbered wrong. Councilmember Seager seconded the motion, carried unanimously by Council. Recognition of Guests Gail O’Brien, co-chair of the Millennium Committee was present to discuss the upcoming “Finishing Touch”, New Year’s Eve Celebration. Ms. O’Brien explained that activities start at 5:30 p.m. until 12 midnight at the Canandaigua Civic Center. Activities include horse-drawn wagon rides, a Mites hockey game, Olympic figure skater Stacey Pentsgen, open skating with free skate rental, and fireworks. The entire evening is free. Ms. O’Brien urged all to attend the ceremonies. Peter and Nicholas Smith, sons of Corporation Counsel Scott Smith, were present as members of Boy Scout Troop 29. The boys are working towards their badges in citizenship and communications. Committee Reports: Councilmember Fiorentino reported that the Planning Committee will not meet again until January 26, 2001. Councilmember Reed reported that the Ordinance Committee met on December 5 th with several items on the agenda. Discussed were street vendor regulations and Resolutions 123 and 125 deal with that issue. The committee discussed banning skateboards and rollerblading in the downtown area, and has not found a solution. The committee discussed possible compromises regarding them, a partial ban several feet from the stores for instance. TOPS has requested a special meeting of the Ordinance Committee, which will be held on December 11 th, 7 p.m. at the Hurley Building. The meeting is open to the public. The next regularly scheduled meeting of the Ordinance Committee will be held on January 2nd. Councilmember Baker reported that the Finance Committee met 3 times to continue with the budget review process. The proposed budget is on the agenda as Resolution 2000-121. At the December 5th meeting the committee considered two items, one for employee dental insurance, which would be no cost to the City and the second was for a deferred compensation plan. Councilmember Bray reported that the Joint Town/City Recreation Committee hopes to meet on December 18th at 7:30 p.m. and the Canandaigua Town Hall. Resolutions: Councilmember Baker read a resolution and moved its adoption. Councilmember Bray seconded the motion.

Resolution #2000-121:

A RESOLUTION TO ADOPT THE 2001 BUDGET OF THE CITY OF CANANDAIGUA AND TO APPROPRIATE

REVENUES AND EXPENDITURES FOR PURPOSES SPECIFIED IN EACH FUND WHEREAS, in accordance with Chapter 14 of the City Charter, the City Council of the City of Canandaigua has met and considered the City Manager's proposed budget for the 2001 fiscal year; NOW, THEREFORE, BE IT RESOLVED that the 2001 budget, a copy of which is on file with the Clerk/Treasurer, is hereby adopted, and that the amounts set forth for each expenditure activity and revenue item be and hereby are appropriated for the purposes specified in each fund. GENERAL FUND Expenditures General Government $ 699,280 Code Enforcement 186,920 Police Protection 1,966,820 Fire Protection 1,097,000 Public Works 1,798,050 Parks & Recreation 559,020 Other Expenditures 1,041,660 Payments to Outside Agencies 236,650 Capital Budget 791,460 Debt Service 1,041,350 Total Expenditures $9,418,210 Revenues Taxes and Penalties $6,136,440 Departmental Revenues 208,800 Charges to Other Gov'ts 308,730 Use of Money & Property 120,280 Licenses and Permits 44,700 Fines and Other Revenues 196,560 Inter-Fund Revenues 517,800 State & Federal Aid 1,102,940 Appropriated Surplus 781,960 Total Revenues $9,418,210

WATER FUND Expenditures Water Treatment Plant Water Distribution Undistributed Costs Capital Budget 275,630 Debt Service Total Expenditures $ 646,960 528,300 850,600 Revenues Water Charges $2,213,420 Use of Money & Property 27,000 Other Revenues 1,650 Appropriated Surplus 208,960 Total Revenues $2,597,970

149,540 $2,597,970

SEWER FUND Expenditures Sewer Collection Sewage Treatment Plant Undistributed Costs Capital Budget 151,510 Debt Service Total Expenditures $ 215,710 938,250 296,630 175,840 $1,777,940 Revenues Sewer Charges $ Charges to Other Gov'ts Use of Money & Property Appropriated Surplus Total Revenues 998,750 529,910 19,650 229,630

$1,777,940

TECHNOLOGY FUND Expenditures Personnel Services Equipment & Supplies Contractual Services $ 8,130 17,400 24,460 Revenues

City Tower Rental $ 30,000 General Fund Contribution 10,000 Water Fund Contribution 3,500 Sewer Fund Contribution 3,500 Appropriated Surplus 5,500 Total Expenditures $ 52,500 Total Revenues $ 52,500 BE IT FURTHER RESOLVED that the said budget, as adopted by the City Council of the City of Canandaigua, shall be effective for the fiscal year commencing January 1, 2001. Cynthis VanDerlee, Prevention Specialist with the Canandaigua School District, was present and 2

pointed out that she was at the Council meeting a couple of weeks ago and discussed how the school and the community have worked together for the past six years to combat drug and alcohol issues. Ms. VanDerlee requested that the City not cut $7000 from its budget to this program. She pointed out that the community as a whole must take responsibility for drug and alcohol abuse. Ms. VanDerLee said that studies show that most alcohol and drug use takes place outside of school. It is after school and at parties that kids will use drugs or alcohol. Rob Lillis, Director of Research for Emergency Medicine at the U of R and a research consultant to the Partnership of Ontario County, spoke and said he has been doing studies on Canandaigua youth for the last eight years. Mr. Lillis discussed the Partnership stating that it has been very successful working with the schools in the prevention of drug and alcohol abuse. He urged Council to not cut the funds from its budget for this program. A young lady named Kacie Kline from Jefferson Avenue discussed the reasons that she has decided not to use drugs and alcohol. She requested that the funds not be cut from the budget for the Drug and Alcohol Abuse Prevention Program for the school. Councilmember Baker pointed out that the vote on this particular item was 7-2. The money will be there for this program in 2001, but not in 2002. Councilmember Baker explained that when the City first started donating funds to this program it was on a temporary basis for a few years, and then the understanding was that the school district would find other ways of funding the program. It was the feeling of the majority that the $7000 funding should be spread over more areas than just the City of Canandaigua since the school district serves more than just the children of Canandaigua. Councilmember Baker said that it is not the program that they are not in support of, they just feel that there are other areas to look for these funds besides the City. Councilmember Neiderbach said that he and Mayor Polimeni were opposed to cutting this program. He said that he hoped that the school district would pick up the funding for this program because it is important. Everyone agrees that it is a valuable program. Councilmember Fiorentino asked if Ms. VanDerlee worked with the Phoenix Program. Ms. VanDerlee advised that she did initially when the Phoenix Program began, she did help out with parent education of the program. Councilmember Bray pointed out that they were committed to this coming year and that there are other programs like the Phoenix Program, the DARE Program and the Juvenile officers, so it is not that they are not concerned about these issues. Councilmember Bray said he would like to see all of these programs working together and becoming more coordinated with each other to prevent drug and alcohol abuse. Mayor Polimeni said that this particular program in both the middle school and high school has a direct impact on students and families. Mayor Polimeni said that she would continue to be supportive of this program and she asked that Ms. VanDerlee at some point, possibly in strategic planning, sit down with Council to talk in more detail about some of the data that is available. Councilmember Baker spoke briefly about the budget process and thanked City staff, in particular Stephen Cole and Kay James. Councilmember Neiderbach said that he had changed his position on the issue of police department staffing. Originally he was opposed, but due to the problems downtown, and the business owners coming forward requesting that more police be hired, he is now in support of that. Councilmember Bray said that it is important that the City Manager work with the police department to address some of the issues downtown as well as the problem of speeders. Councilmember Neiderbach said that he would like to see more people be able to open businesses downtown be given rent incentives where they could get free rent through grants. This would give them a chance to get their businesses off the ground. Overall, Councilmember Neiderbach was pleased with the budget. Councilmember Bray brought up the issue of the metal detector and the fact that it is still in the basement of City Hall and is not being used. Councilmember Bray pointed out that previously there was no one to operate this. He said that now that there will be more police officers, he would 3

like to see the metal detector used. It was also recommended that other measures be looked at, i.e. bullet proof glass that still need to be looked at. There are issues of personnel at the Fire Department with regards to recruiting. Councilmember Bray said that he was supportive of trying to get two police positions through the COPS Programs. Councilmember Fiorentino said that he wouldn’t have believed the budget meeting would have been so amicable a year ago the way things were. He thanked Stephen Cole and Kay James for their hard work on the budget. Councilmember Reed spoke about the fact that this is the third budget in a row where there has not been a tax hike. Councilmember Seager complimented Councilmember Baker on the budget. Councilmember Seager asked for a clarification in the sewer fund. After Kay James explained the questions. Councilmember Seager said that he had never really understand why there is such a problem in the sewer fund and it is not as healthy a fund as the water fund. They need to take a look at this fund to determine what the problem is. Councilmember Seager moved to amend the resolution by eliminating the proposed 3 percent increase and by changing the rate back to $1.68 per 100 cubic feet of water for the year 2001. Councilmember Seager proposed that the City Council try to find a three percent savings in the sewer fund by the end of March. Then by the end of June, Council try to find another three percent savings. If the savings cannot be found, then the sewer rates will automatically be raised in the year 2002. Councilmember Reed seconded the motion. There was a lengthy discussion on this proposed amendment. All Councilmembers and City Manager Cole spoke regarding the amendment.

Mayor Polimeni stated that she was in support of the budget as proposed. She feared that some of the equipment could fail at anytime and the city would be in dire circumstances. She was able to support the three percent increase for these reasons. She agreed with Councilmember Seager that they need to look at the Sewer Fund to try to find out what the problems are with. A roll call vote was then taken on the amendment, which was carried with five Councilmembers voting in favor and Councilmembers Fiorentino, Baker, Reed and Mayor Polimeni opposing it. Councilmember Baker asked Corporation Counsel Smith how to go about separating the resolution and voting separately on the water fund, sewer fund, general fund, and the technology fund. City Manager Cole said that it would have to separated into four resolutions. Councilmember Baker said that he was not in support of the amendment to the sewer fund and would rather vote yes on the other funds and no on the sewer fund. Councilmember Baker said that he had no intention of voting against the general fund, but that the sewer fund is not what it was when they came to the meeting tonight, and therefore, he did not want to vote yes on it. Corporation Counsel Smith advised that it could not really be voted on separately. Councilmember Baker said that by voting on this the way the amendment read, leaves it unbalanced and they have not done their duty by doing the details of it. A roll call vote was then taken on the amended resolution and carried unanimously. Councilmember Baker voted yes and asked that an asterisk be placed by his yes vote. Mayor Polimeni voted yes, and said that it was with a lot of prayers. Councilmember Bray read a resolution and moved its adoption. Councilmember Fiorentino seconded the motion, carried unanimously by roll call vote Resolution #2000-122: A RESOLUTION AUTHORIZNG COLLECTION OF COUNTY TAXES OF THE STATE OF NEW YORK.

THE PEOPLE OF THE STATE OF NEW YORK

TO: LAURA K. WHARMBY, CLERK-TREASURER CITY OF CANANDIAUGA 4

GREETINGS: You are hereby REQUIRED AND COMMANDED TO collect from the several persons and corporations named in the Assessment Roll to which this warrant is annexed, the several sums of money mentioned in the column thereof, to wit: the one marked “County Taxes” and set opposite to the name of such persons or corporations respectively, together with your fee thereon, as hereinafter provided. Immediately upon delivery of said Roll and Warrant to you, you shall mail to each taxpayer against whom any tax shall be charged on such roll, at last known post office addresses, a statement of the amount of such tax, designating the Clerk/Treasurer’s Office in said City, as the place for receiving payment of the taxes from January 2 nd to January 31st, both dates inclusive, from nine o’clock in the morning until four forty-five o’clock in the afternoon, and any person may pay his tax at the time and place designated. Upon all taxes collected after January 31, 2001 such Clerk/Treasurer shall collect one percentum: and after the expiration of said last day of February, you are to proceed and collect the unpaid taxes in the manner provided by the Statutes of the State of New York. GIVEN UNDER THE HANDS OF THE MAYOR AND CLERK/TREASURER OF THE CITY OF CANANDIAGUA AND THE CORPORATION SEAL THEREOF THIS 7 TH DAY OF DECEMBER, 2000.

Councilmember Bray read a resolution and moved its adoption. Councilmember Reed seconded the motion, carried by roll call vote with 8 Councilmembers voting in favor and Councilmember Russell opposing. Resolution #2000-123: A RESOLUTION AMENDING THE VENDOR AND SOLICITOR LICENSE FEES

WHEREAS, Section 2.28.120 of Chapter 2 of the Municipal Code of the City of Canandaigua stipulates that the fee for issuance of a Vendor or Solicitor license shall be set annually by Resolution of the City Council; and WHEREAS, the license fees set in 1995 at $100 for a solicitor and $250 for a vendor; and WHEREAS, the Ordinance Committee has reviewed these fees and recommends an increase of the vendors fee to $500; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Canandaigua that the 2001 license fees for Solicitors and Mobile Vendors be $100 and all other Vendors be $500. Councilmember Seager read a resolution and moved its adoption. Councilmember Fiorentino seconded the motion, unanimously approved by Council.

Resolution #2000-124:

RESOLUTION ESTABLISHING THE 2001 TAX LEVY AMOUNT AND AUTHORIZING THE CLERKTREASURER TO SPREAD AND COLLECT THE SAME.

WHEREAS, the City Council of the City of Canandaigua has adopted the 2001 Budget; and WHEREAS, said budget calls for a property tax levy of $2,885,640; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Canandaigua that the amount of $2,885,640 shall constitute a levy of the amount to be raised by taxation

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in 2001 for the City of Canandaigua, and a warrant to the Clerk/Treasurer to spread and extend such levy upon the current assessment tax roll, and to collect the same. Councilmember Fiorentino read a resolution and moved its adoption. Councilmember Reed seconded the motion, carried by roll call vote with 8 Councilmembers voting in favor and Councilmember Russell opposing. Resolution #2000-125: A RESOLUTION AMENDING THE FOOD VENDING GUIDELINES AND REGULATIONS

WHEREAS, Section 2.28 of Chapter 2 of the Municipal Code of the City of Canandaigua allows for vendors to acquire permits to vend within the City; and WHEREAS, Guidelines and Regulations are issued to the food vendors at the time the permit is issued; and WHEREAS, the Ordinance Committee has reviewed these changes; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Canandaigua that the attached 2001 Food Vending Guidelines and Regulations be issued with all vending permits. Councilmember Russell stated that he voted no on Resolution 2000-125. He asked if the vendor in question was a temporary vendor or one that they would ordinarily see on this street. Mr. Cole responded that it was for vendors that are on the streets all the time. If it is a temporary vendor, the fees are waived. Councilmember Russell said that he was opposed to raising the fee as a small business man, he thought it was too much of an increase. Councilmember Seager said that in defense of the raise, the vendors that this applies to are around all year so this is spread out over the whole season. Councilmember Rivet said that a constituent’s complaint that lead to part of the amendment to this. A vendor had taken up three parking spaces on the pier. This still gives them plenty of space, but without tying up parking spaces during the prime season. Ordinances: Councilmember Neiderbach moved to lift from the table Ordinance #2000-014. Councilmember Rivet seconded the motion, unanimously approved by Council. Councilmember Rivet asked if the 30 day waiting period for this ordinance could be waived. It was agreed by Council to waive it. Councilmember Neiderbach moved adoption of Ordinance #2000-014. Councilmember Rivet seconded the motion, carried unanimously by roll call vote. Councilmember Russell introduced an ordinance which was tabled.

Ordinance #2000-015:

AN ORDINANCE AMENDING CHAPTER 9.12 OF THE MUNICIPAL CODE OF THE CITY OF CANANDAIGUA

Be it enacted by the City Council of the City of Canandaigua as follows: SECTION 1. That Section 9.12.030 (Stop Intersection) of the Municipal Code is hereby amended. SECTION 2. That a new Section 9.12.030 (53-c) is hereby added to read as follows:

Kennedy Street from the east with DeSeyn Drive. SECTION 3. This ordinance shall take effect thirty (30) days from its adoption. Payment of Bills: 6

Councilmember Baker moved payment of the following bill. Councilmember Reed seconded the motion, carried unanimously by roll call vote. Niesz Pavement Painting: $ 703.16 Second and Final Phase of the Pavement Striping Effort for the Year 2000. Vellano Brothers, Inc.: $27,835.70 Invoice for Supplying Water Distribution Materials for Circle Drive. Energetix, Inc.: Invoice represents completion of First of a Series of Work Outlined in Contract $75,775.00

Councilmember Seager asked Mr. Cole how the Energetix Program was going, and Mr. Cole responded that it was going very well so far. Manager’s Report: Mr. Cole said that the TOPS meeting was scheduled for December 11, at 7 p.m. at the Hurley Building because special audio visual equipment is going to be used at that meeting. Mr. Cole reported that the request in the budget for a volunteer coordinator for the Fire Department’s was reduced to $3000, from $9000 and no one has been selected at this point. Mr. Cole reported that the yellow-green fluorescent signs have started being installed in the school speed zones where the crosswalks are. They are very visible. Mr. Cole discussed a number of serious road construction projects that will be taking place in the year 2002, where initially they were to start in 2004. North Street, Routes 5 & 20, Coy Street, Saltonstall Streets are among the street projects. Councilmember Bray asked if any thought had been given to the traffic on Route 5 & 20 after the waterpark opens and there is road construction going on. Mr. Cole advised that he has given a great deal of thought to that, but has not yet reached any solution regarding it. Miscellaneous:

Councilmember Reed moved to change the next regular Council meeting to Tuesday, December 19th as opposed to Thursday the 21st due to the holiday. Councilmember Baker seconded the motion, carried unanimously by Council.
Mayor Polimeni advised that it may be possible to hold just one meeting in January. Mayor Polimeni advised that she would like to hold the Strategic Planning Session on January 12, 2001. Mayor Polimeni read a proclamation in support of Falun Dafa week, December 4 thru 10, 2000.. Councilmember Reed moved to close the regular meeting to go into Executive Session at 9:25 p.m. to discuss a pending lawsuit and contract negotiations. Councilmember Reed moved to close the Executive Session at 10:02 p.m. and return to the regular meeting. Councilmember Rivet seconded the motion, unanimously approved by Council. Councilmember Reed moved to adjourn at 10:03 p.m. Councilmember Seager seconded the motion, unanimously approved by Council.

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________________________ Kay Wharmby Clerk-Treasurer cam

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