MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL by forrests

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									MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD THURSDAY, NOVEMBER 1, 2001, AT CITY HALL

Present:

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

Also Present: Corporation Counsel Scott Smith, City Manager Stephen C. Cole, ClerkTreasurer Laura Kay Wharmby

Mayor Polimeni called the meeting to order at 7:30 p.m. There were no minutes for approval Committee Reports: Councilmember Baker reported that the Finance Committee had not met. Councilmember Reed reported that the Ordinance Committee had not met, but has a heavy agenda for the meeting on December 4th. Councilmember Fiorentino reported that the Planning Committee met on Thursday October 25th, at 7 p.m. at the Hurley Building. There was a comprehensive plan update. The meeting scheduled for this Saturday for the South Main Street design, had to be canceled and will be rescheduled in December. Wegman’s expansion proposal was discussed regarding a return vending center on the northeast side of the building. There was discussion about the old role top door and it was voted 30 to approve. The committee talked about the PUD for the hotel site. The site has changed with the Steamboat Landing being built, and some concerns have been expressed over that. Things will be reviewed with the developer and it is hoped that a very nice hotel will be the result. The committee also had a proposal from Fred Schutz that the City pursue having a US Navy ship named the USS Canandaigua. They also discussed Route 5 & 20 improvements. Councilmember Rivet reported that the Environmental Committee would not meet until December. Councilmember Seager advised that the BID met the day before, but there was nothing significant to report other than they are getting ready for the holidays. Councilmember Bray reported that there was no meeting of the joint City/Town Recreation committee. The committee will probably meet in December. Resolutions: Councilmember Baker read a resolution and moved its adoption. Councilmember Bray seconded the motion, carried unanimously by roll call vote. Resolution No. 2001-152: A RESOLUTION AWARDING A CAKE BIO-SOLIDS (SLUDGE) TRANSPORTATION CONTRACT WHEREAS, the City’s Waste Water Treatment Facility requires the hauling of 3,200 wet tons of cake bio-solids to the Ontario County Landfill; and WHEREAS, competitive bids were received to update the current hauling procedures with two bids received; and WHEREAS, We Care Transportation, LLC, has submitted the lowest responsive bid in the amount of $11.33 per wet ton; and WHEREAS, the City Manager and the Public Works Director recommend that a two year contract, with two-one year mutually agreed extensions, be awarded to We Care Transportation, LLC; and

WHEREAS, adequate funding for hauling of cake bio-solids is included in the Waste Treatment Outside Services budget line; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute a contract to award and process payment upon delivery of services to We Care Transportation, LLC, 9289 Bonta-Bridge, Jordan, New York, 13080, to haul cake bio-solids from the City’s Waste Water Treatment Facility to the Ontario County Landfill for two years, with two-one year mutually agreed extensions, at a price notto-exceed $11.33 per wet ton. Councilmember Fiorentino said that according to what he read in the AR there were 3200 tons. Councilmember Seager asked if there was any reason that the city does not haul this themselves. Mr. Cole responded that they would have to have a special truck in order to do it, and he believed there were certain regulations that had to be followed. He said that he would check into it. Councilmember Seager thought it would be worth looking into so it could be discussed during the budget process. Councilmember Russell read a resolution and moved its adoption. Councilmember Rivet seconded the motion, carried unanimously by roll call vote. Resolution #2001-153: A RESOLUTION AUTHORIZING THE CONTRACT AND THE PAYMENT FOR WATER DISTRIBUTION SUPPLIES

WHEREAS, on October 19, 2001, bids were opened for the purchase of water distribution supplies; and WHEREAS, three bidders submitted proposals with the lowest responsive unit prices being submitted by Blair Supply Corporation; and WHEREAS, adequate funding for the water distribution supplies is included in the Water Distribution Operating Budget; and WHEREAS, it is the recommendation of the Public Works Director and City Manager to award a purchase contract for a period of one year from the date of this resolution to Blair Supply Corporation; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute a contract to award and process payment upon delivery for water distribution supplies, at the unit prices listed on the attached bid proposal pages, to Blair Corporation, 785 Beahan Road, Rochester, New York, 14624. Councilmember Neiderbach advised that he would abstain from voting on the next 3 resolutions because his firm represents Wegmans and RG&E. Councilmember Seager read a resolution and moved its adoption. Councilmember Reed seconded the motion, carried unanimously by roll call vote, with Councilmember Neiderbach abstaining. Resolution #2001-154: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR ELECTRIC POWER

WHEREAS, the Canandaigua City Council finds that it is in the best interest of the City of Canandaigua to enter into a multi-year agreement with Rochester Gas & Electric Corporation for the provision of electricity to the City Sewer Fund, Water Fund and General Fund; and

WHEREAS, the City Manager acting with the assistance of qualified consultants has negotiated terms for such an agreement that the City Council finds to be favorable to the City of Canandaigua;

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NOW, THEREFORE, BE IT RESOLVED that the City Manager is hereby authorized to enter into a contract with Rochester Gas & Electric Corporation for the purchase of electricity subject to such terms and conditions as may be acceptable to the City Manager and the Corporation Counsel. Councilmember Fiorentino read a resolution and moved its adoption. Councilmember Reed seconded the motion, unanimously approved by Council, with Councilmember Neiderbach abstaining. Resolution #2001-155: A RESOLUTION DETERMINING THE ENVIRONMENTAL SIGNIFICANCE OF RESOLUTION 2001-156 AMENDMENT TO THE PUD FOR A 1,200 SF ADDITION TO THE WEGMANS FOOD MARKET STORE

WHEREAS, the City of Canandaigua has reviewed the Short Environmental Assessment Form (EAF) for the proposed 1,200 square foot addition to the existing Wegmans Food Markets store, 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 in the EAF, regarding the impacts and consideration of the magnitude and importance of each impact, it is reasonably determined that the project will result in no major adverse 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 project will not have a significant effect on the environment, and directs that the attached SEQR Negative Declaration be filed in accordance with the requirements of the New York state Environmental Quality Review Act. Councilmember Seager pointed out that question number 8 on the form had no answer. Mr. Cole said that he thought technically it was correct because the zoning is no zoning at this point. City Council sets the zoning. Councilmember Fiorentino questioned number 10 and 11, regarding building permits. Mr. Cole responded that they would have to obtain a building permit from the City, but did not think it had anything to do with the environmental impact. Councilmember Fiorentino read resolution and moved its adoption. Councilmember Reed seconded the motion, carried unanimously by roll call vote, with Councilmember Neiderbach abstaining. Resolution #2001-156: A RESOLUTION AMENDING THE ROSEPARK PUD PLAN AND APPROVING THE AMENDED SITE PLAN FOR WEGMANS FOOD MARKETS

WHEREAS, the original Rosepark PUD was approved in November, 1989, and; WHEREAS, the site plan for the Wegmans Food Markets store located in the Rosepark PUD was approved in June 1991, and; WHEREAS, Wegmans Food Markets Inc. proposes a revision to this site plan, to allow for the construction of a 1,200 square foot addition at the front of the existing store to provide an automated recycling center; WHEREAS, those plans have been reviewed by the Planning Committee and have been recommended to the full Council for approval; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Canandaigua that the Rosepark PUD shall be amended to reflect the revised site plan submitted by Wegmans Food Markets, Inc. dated 10/05/01. Mr. Art Pires, of Wegmans, was present with a drawing of the plans and to answer questions. Councilmember Russell asked whether or not this would be open 24 hours a day. Mr. Pires replied no, that it would not be open any later than midnight, but probably would close before that. 3

Councilmember Bray asked about crosswalk markings, handicapped parking and signage pertaining to the new area. Mr. Pires assured Council that handicapped parking has always met or exceeded federal codes. As for the crosswalk, signs, etc., all of that would be taken care of as well. Councilmember Rivet read a resolution and moved its adoption. Councilmember Russell seconded the motion, unanimously approved by roll call vote. Resolution #2001-157: A RESOLUTION FOR MAINTENANCE OF SIDEWALKS

WHEREAS, the New York State Department of Transportation proposed the rehabilitation of NY Rt. 5 & US Rt. 20, S.H. 78-14 & 55-4 in the City of Canandaigua; and WHEREAS, the State will include as part of the rehabilitation of the above-mentioned project the reconstruction of existing sidewalks and construction of new sidewalks, pursuant to Section 349-c of the Highway Law, as shown on the contract plans relating to the project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Canandaigua that the City of Canandaigua approve the construction of the new sidewalks and reconstruction of existing sidewalks on the project and that the City of Canandaigua will maintain or cause to be maintained the sidewalk performed as above stated and as shown on the contract plans, including the control of snow and ice; BE IT FURTHER RESOLVED that the clerk of the Council is hereby directed to transmit five (5) certified copies of the foregoing resolution to the New York State Department of Transportation. Mr. Cole advised that he spoke to Lou Loy and that he had set the standards for the sidewalks. Councilmember Bray asked what the chances were for them to extend the sidewalks. Mr. Cole responded that he would put this on the list he had and discuss it with them. Councilmember Baker read a resolution and moved its adoption. Councilmember Bray seconded the motion, unanimously approved by Council. RESOLUTION #2001-158: A RESOLUTION SETTING THE TIME AND PLACE OF A PUBLIC HEARING ON THE CITY OF CANANDAIGUA'S PROPOSED 2001 BUDGET

WHEREAS, Section 14.6 of the Canandaigua City Charter requires that a public hearing be held at least two weeks prior to adoption of the annual budget; and WHEREAS, the City Manager has prepared and distributed the proposed 2002 budget to the members of the City Council; and WHEREAS, the adoption of the 2002 budget by the City Council is scheduled for December 6, 2001; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Canandaigua that a public hearing pursuant to Chapter 14.6 of the Canandaigua City Charter shall be held in the City Council Chambers, City Hall, Two North Main Street, Canandaigua, New York at 7:00 p.m. on November 15, 2001. Councilmember Reed read a resolution and moved its adoption. Councilmember Fiorentino seconded the motion, carried unanimously by roll call vote. RESOLUTION #2001-159: A RESOLUTION COMMENDING GOVERNOR PATAKIFOR HIS RESPONSE TO THE EVENTS OF SEPTEMBER 11

WHEREAS, New York Governor George E. Pataki has distinguished himself as a public servant and a New Yorker by his leadership in response to the tragic and devastating events of September 11, 2001 in New York City; and 4

WHEREAS, the Canandaigua City Council wishes to express its admiration and respect for Governor Pataki and his ability to coordinate State and City response during this time of crisis and loss for New York City, New York State, the United States of America, and indeed for freedom-loving nations and people throughout the world; NOW, THEREFORE, BE IT RESOLVED that the Canandaigua City Council does hereby commend New York Governor George E. Pataki for his actions and leadership in response to the September 11 attack on the World Trade Center. Councilmember Bray read a resolution and moved its adoption. Councilmember Fiorentino seconded the motion, carried unanimously by roll call vote. RESOLUTION #2001-160: A RESOLUTION COMMENDING MAYOR GIULIANIFOR HIS RESPONSE TO THE EVENTS OF SEPTEMBER 11 WHEREAS, New York City Mayor Rudolph Giuliani has distinguished himself as a public servant and a New Yorker by his leadership in response to the tragic and devastating events of September 11, 2001 in New York City; and WHEREAS, the Canandaigua City Council wishes to express its admiration and respect for Mayor Giuliani and his actions as an elected official during this time of crisis and loss for New York City, New York State, the United States of America, and indeed for freedom-loving nations and people throughout the world; NOW, THEREFORE, BE IT RESOLVED that the Canandaigua City Council does hereby commend New York City Mayor Rudolph Giuliani for his actions and leadership in response to the September 11 attack on the World Trade Center. Local Laws: Councilmember Reed moved to lift Local Law #2001-002 from the table. Councilmember Baker seconded the motion, unanimously approved by Council. Councilmember Reed moved for the adoption of Local Law #2001-002. Councilmember Baker seconded the motion, carried unanimously by a roll call vote. Local Law #2001-002: A LOCAL LAW AUTHORIZING THE CITY COUNCIL TO LEASE FOR UP TO 25 YEARS, SPACE FOR TWO PCS LECOMMUNICATIONS TOWERS LOCAL LAW #2001-002

WHEREAS, the City of Canandaigua desires to lease one site for a telecommunications tower to Omnipoint Holdings, Inc. on the City’s water tower on North Main Street; and WHEREAS, according to Attorney General and State Comptroller Opinions, a city may, by local law, supersede the competitive bidding requirements of Section 23 of the General City Law and authorize the leasing of land by private sale; and WHEREAS, the City Council of the City of Canandaigua desires to supersede the provisions of Section 23 (2)(b) of the General City Law by this local law and permit a lease of 25 years of space on the water tower, one telecommunications tower, upon such terms and conditions as the City Council may deem proper; NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Canandaigua, as follows: Section 1. The City Council may, by resolution adopted by five (5) affirmative votes, authorize the City Manager to execute a lease, for a period of time not to exceed 25 years, at private sale, for such consideration and upon such terms and conditions as the City Council may deem proper, for space at the water 5

tower and, for one (1) telecommunications tower with Omnipoint Holdings, Inc. Section 2. This local law shall take effect upon its filing with the Secretary of State.

Councilmember Fiorentino asked what the contract was for. Mr. Cole responded that the term was for five years with the ability to extend it for another five years, for 25 years total. The term is about $15,000. The city has to match with what Sprint pays the city. Councilmember Reed pointed out that former City Manager Bill Bridgeo, Scott Smith and Stephen Cole, then assistant City Manager, showed a lot of foresight in how to approach telecommunications. The City did a great job in anticipating this and taking advantage of the situation using the existing water tower and site at the sewage treatment plant. Councilmember Reed asked that the next Council take a regional approach. The City could show leadership on this for the whole area. Councilmember Neiderbach asked if this would be brought back before Council for negotiation of the contract. Mr. Smith said that there would be a resolution attached to the contract itself. Councilmember Neiderbach asked if they were just authorizing negotiation, but not committing as a Council to an approval of the lease. Mr. Smith responded that was correct. Payment of Bills: Councilmember Baker moved payment of the following bills. Councilmember Bray seconded the motion, carried unanimously by roll call vote. Energetic, Inc. $120,840.00 Invoice #2001PC-INV-WT02 for energy Services Agreement Associated with the City’s Water Treatment Facility Councilmember Seager asked if the motors were actually up to the water treatment plant. Mr. Cole responded that the two motors are up and running and the city has accepted them. They have to run 30 days before the city can accept them. Two other motors are in the process of running. They are installed and running at the water treatment plant. Manager’s Report: Mr. Cole advised that the bulk item collection was completed and leaf collection has begun this week. Halloween ran smoothly again this year, with no major problems. There were some concerns about hunting in Atwater Meadows. Chris Doran of Parks and Recreation has posted almost 100 no hunting signs around the park Mayor Polimeni said she received an E-mail from a gentleman complimenting the City Police Department. Mr. Cole reported that Councilmember Reed had been working with Fred Schutz with regard to petitioning the US Navy to name a ship after Canandaigua. The Town of Canandaigua has indicated that they would draft a resolution in support of this as well.. Mr. Cole presented a check from the State of New York, Small Cities Grant program for $750,000 for the access road project off of North Street. Miscellaneous: Councilmember Fiorentino thanked Mr. Cole for arranging the quick pickup of leaves from a resident in his ward. Councilmember Baker reported that the City Manager’s review has been completed and that Councilmembers will receive a copy of it in the near future. Councilmember Baker requested that Council discuss the review in executive session at the next Council meeting.

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Councilmember Seager reported that he passed out a review to all Councilmembers this evening for the review of Corporation Counsel Smith. He requested that everyone return that to him by the 15 th of this month. Councilmember Seager reminded all viewers to get out and vote next Tuesday. Councilmember Bray said that several people have commented to him that they hoped all political signs would be removed after next Tuesday’s election. Mayor Polimeni advised that she was looking for members for the Community Events Committee. Some members of that committee are stepping down after ten years of serving on it, and new members are needed. Mayor Polimeni advised that she would be traveling to New York City next week and would present Mayor Giuliani personally with the resolution passed this evening. She will also travel to Albany the following week and will take the resolution regarding Governor Pataki with her. Councilmember Reed moved to adjourn the regular meeting at 8:30 p.m. Councilmember Seager seconded the motion, carried unanimously by Council.

______________________ Laura Kay Wharmby Clerk-Treasurer

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