MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL by fionan

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									MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD THURSDAY, DECEMBER 6, 2001, AT CITY HALL

Present:

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

Also Present: Corporation Counsel Scott Smith, City Manager Stephen C. Cole, and ClerkTreasurer Laura K. Wharmby Absent: Councilmember Frederick G. Reed

Mayor Polimeni called the meeting to order at 7:30 p.m. Councilmember Fiorentino moved acceptance of the Minutes of the Regular Meeting of November 15, 2001. Councilmember Rivet seconded the motion, unanimously approved by Council. Recognition of Guests John Flint, of Flint, White and Bradley, was present to present an award from the American Society of Landscape Architects in the New York State Chapter. Mr. Flint went on to say that it was a community achievement award to the City of Canandaigua for making a noteworthy contribution to the careful stewardship, wise planning, and artful design of the environment on the Kershaw Park and Lakeshore Drive revitalization project. Mr. Flint also read a letter of congratulations on receiving the award from Jeff Anthony, who was one of the partners on the project. Mr. Anthony had intended to attend the council meeting to present the award, but was unable to do so. Fred Schutz and John Barkley, both of Canandaigua, were present to request that the Gibson Street Park be renamed Canandaigua Memorial Park. Recently the Disabled American Veteran' Memorial stone was moved from the Minipark and placed in the Gibson Street Park. They also requested a sign and that a gazebo, which will be donated, be erected in the middle of the park. A further request was made for water and electric service to be provided to the park. After discussion by Councilmembers, it was agreed that this matter would go before committee. Mr. Barkley requested a resolution to rename the park this evening. Mayor Polimeni advised that this was something that the city needed to advise the residents of from that area, and give them a chance to speak their opinions about it. Councilmember Rivet suggested that the matter could be discussed at the next Environmental Committee meeting, Thursday, December 13th at the Hurley Building at 7 p.m. The committee also will be discussing Lagoon Park and could begin preliminary discussions about Gibson Street Park as well. Mayor Polimeni requested that letters be sent to the neighbors in the area. Mr. Cole responded that he would take care of that. Mr. Schutz spoke on behalf of the Canandaigua Chapter of Disabled American Veterans and thanked Chris Dorn of Parks and Recreation Department, as it was his idea that the memorial be placed in the Gibson Street Park, and also thanked the Council. Mr. Schutz would like to see a dedication to the renaming of the park around Memorial Day. As far as the signage for the park goes, he would like to see the pioneers and immigrants mentioned as well as veterans. Susan Remmy and Heather Webb of Ellis Place were present to ask the city to consider installing a streetlight in the middle of their street. There is a light at both ends, but they do not light the whole street. They went on to say they have problems with vandalism. Youths cut through their street to get over to Bemis Street. Mr. Cole will contact RG&E to see that a light is installed in the very near future. Councilmember Bray discussed the possibility of erecting a fence to prevent the youths from using this as a short cut, which will eliminate the problem.

Committee Reports: Councilmember Rivet reported that Environmental Committee would meet on December 13 at the Hurley Building to discuss Lagoon Park, the North Street reconstruction project, and the Gibson Street Park. Supervisor Dick Onze will also be present to discuss an automated red light enforcement system for Buffalo Street and Chapel Street to catch the many violators. There are also a couple of special events to be discussed. Councilmember Fiorentino advised that the Planning Committee met last week and discussed four city streets to be re-paved next year; Phelps Street, Coy Street, and Highland Terrace and Lakeshore Drive sidewalk construction. Lou Loy and the engineers were present at the meeting. Other reconstruction projects for next year are Routes 5 & 20, North Street, Circle Drive and Howell Street. Councilmember Bray said that the Phelps Street residents have been waiting a long, long time for that project. He would like the residents of Phelps Street to be invited to see what is going on with the project when the time comes. Councilmember Russell reported that the Ordinance Committee would meet next Tuesday, December 11, 7 p.m., Council chambers to discuss the keeping of animals and composting, private construction projects, a rezoning request, restaurant definitions and the traffic control devices at Parrish Street, West Lake Drive, and South Pearl Street. They will also discuss residential zoning. Councilmember Baker reported that the Finance Committee met on November 5 and 27th as a committee of the whole for budget wrap-up sessions. The 2002 budget is on the agenda this evening. A regular committee meeting will be held in December. Councilmember Bray said that the joint city/town recreation committee has not met, but he wanted to advise Council of a public meeting to be held by the Genesee Regional Trails Initiative on December 12, 7-9 p.m. in City Council chambers. The meeting is with regard to creating a regional bicycle/pedestrian trail system for the city. Councilmember Bray urged anyone interested to attend this meeting. Mayor Polimeni advised that the community events committee is working on the New Year’s Eve Finishing Touch, which is to be held again this year at the Civic Center. The event will be free, except for skate rental. After 10 p.m., there will be a dance with a band that will cost $3 for advance tickets, $5 at the door. Resolutions: Councilmember Seager read a resolution and moved its adoption. Councilmember Baker seconded the motion, carried unanimously by roll call vote. Resolution #2001-165: A RESOLUTION APPROVING A CHANGE TO THE EMPLOYEE PERSONNEL MANUAL IN REGARDS TO VACATION ELIGIBILITY

WHEREAS, it is the desire of the City Council that the non-monetary compensation for Managerial and Administrative employees be at parity with that of other City employees; and WHEREAS, Managerial/Administrative employees currently become eligible for 25 days of annual vacation leave after 20 years of service, while all other employee groups, union and non-union, become eligible for 25 days of annual vacation leave after 16, 17, or 18 years of service; and WHEREAS, the Finance Committee, at its meeting of October 16, 2001, recommended that the City Council amend the vacation eligibility for Managerial/Administrative employees such that this group would become eligible for 25 days of annual vacation leave after 16 years of service;

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hereby

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Canandaigua that the City of Canandaigua Personnel Policies and Practices Manual is amended as follows:

Chapter V, LEAVES OF ABSENCE Section A, Vacation Leave Subsection 5. Vacation Eligibility Employees in the following classifications shall receive vacation according to the schedule shown: a. Managerial/Administrative 15 days annually after 1 year of service 20 days annually after 5 years of service 25 days annually after 16 years of service

AND BE IT FURTHER RESOLVED that this change shall become effective January 1, 2002. Councilmember Bray read a resolution and moved its adoption. Councilmember Rivet seconded the motion, unanimously approved by roll call vote. Resolution #2001-166: A RESOLUTION DECLARING USED AND UNWANTED TELEPHONE EQUIPMENT SURPLUS

WHEREAS, there exists used and unwanted telephone equipment, so noted on the attached list, that is no longer essential to the operations of the City of Canandaigua; and WHEREAS, it is necessary to declare as surplus the equipment on the attached list so that it may be sold at public auction, via sealed bid, or as trade-ins; NOW, THEREFORE, BE IT RESOLVED that the Canandaigua City Council hereby declares as surplus the telephone equipment on the attached list and that this equipment is to be sold to the highest bidder at public auction, through sealed bids or to be traded in on future equipment purchases pursuant to City and State purchasing guidelines. Councilmember Baker read a resolution and moved its adoption. Councilmember Rivet seconded the motion. Resolution #2001-167: A RESOLUTION TO ADOPT THE 2002 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 2002 fiscal year; NOW, THEREFORE, BE IT RESOLVED that the 2002 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.

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GENERAL FUND Expenditures General Government $ 678,140 Code Enforcement 186,200 Police Protection 1,969,920 Fire Protection 1,129,440 Public Works 2,053,770 Parks & Recreation 616,440 Other Expenditures 1,213,730 Payments to Outside Agencies 219,790 Capital Budget 827,800 Debt Service 1,041,440 Total Expenditures $9,909,670 Revenues Taxes and Penalties $6,395,300 Departmental Revenues 217,900 Charges to Other Gov'ts 402,480 Use of Money & Property 120,280 Licenses and Permits 49,700 Fines and Other Revenues 150,800 Inter-Fund Revenues 567,800 State & Federal Aid 1,175,020 Proceeds of Bonds 0 Appropriated Surplus 830,390 Total Revenues $9,909,670

WATER FUND Expenditures Water Treatment Plant Water Distribution Undistributed Costs Capital Budget Debt Service Total Expenditures $ 642,510 420,690 960,840 553,910 147,930 $2,725,980 Revenues Water Charges $2,050,490 Use of Money & Property 27,420 Reserve Fund Revenue 374,560 Other Revenues 12,400 Appropriated Surplus 261,110 Total Revenues $2,725,980

SEWER FUND Expenditures Sewer Collection Sewage Treatment Plant Undistributed Costs Capital Budget Debt Service Total Expenditures $ 209,110 841,210 293,230 188,610 92,740 $1,624,900 Revenues Sewer Charges $ 1,004,210 Charges to Other Gov'ts 412,460 Use of Money & Property 24,400 Appropriated Surplus 183,830 Total Revenues $1,624,900

Expenditures Personnel Services Equipment & Supplies Contractual Services

TECHNOLOGY FUND Revenues $ 3,770 35,320 22,910 City Tower Rental $ 43,000 General Fund Contribution 6,000 Water Fund Contribution 2,500 Sewer Fund Contribution 2,500 Appropriated Surplus 7,000 Total Revenues $ 62,000

Total Expenditures

$ 62,000

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, 2002.

Councilmember Baker explained the actual rate is going up in the sewer fund, the water fund is coming down, so in the end, residents will pay the same combined total in the coming year. Currently the sewer is $1.68 per every 100 cubic feet and will be going to $1.74. Water is at $1.50 and will drop to a $1.44. They both have a combined total of $3.18 per 100 cubic feet.

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Councilmember Baker thanked all Councilmembers for attending the budget review sessions and wrap-up. He expressed his disappointment in how the water and sewer funds were being handled, stating that things would probably be all right in 2002, and 2003. It was 2004 that he was concerned about, and felt that substantial increases in the rate would be necessary or they would have to make some cuts. Councilmember Baker moved to amend the budget by adding $39,000 for the renovations to the Muar house, at the same time this would increase the revenue side for the rental fee on that. Councilmember Fiorentino seconded the motion. Councilmember Fiorentino pointed out if they do not renovate the house, they will get no rent for it, and it will continue to deteriorate. He felt that the renovations should be done. Councilmember Neiderbach said he would like to see it renovated at some point, but it is not in danger of collapsing. He didn’t think the city should be subsidizing the county government and its operations. They were talking about a five-year commitment to rent the property for about $42,000. The renovations would cost about $80,000 with the labor. Councilmember Neiderbach said that the city made a commitment to the residents of Circle Drive to pave that street. Councilmember Rivet said that she had a conversation with Barb Natale of Ontario County Tourism who told her that there is support for trying to reach compromise on this issue. Ms. Natale indicated support for paying a higher rent or possibly helping pay for the renovations. The funds for renovations could be added to the budget at a later time. Councilmember Bray agreed with Councilmembers Neiderbach and Rivet. At $7,000 rent per year it would take at least twelve years to recoup the investment on it, that would be seven years beyond the five year lease that they were led to believe was the only option. He believed they should look at all facts, and find out how much renovation will really cost. Councilmember Baker encouraged public use of the Muar House and not private use, i.e. a souvenir shop, etc. He felt it was an appropriate place for the tourism group to locate. He was comfortable with what city staff recommended as being a $39,000 project. He also wanted to point out that this would not be competing with Circle Drive, which is a separate project. Councilmember Seager was not convinced that $39,000 was an accurate figure, he felt it would be doubled. The last thing he wanted was to send a negative message to the tourism bureau. He said that discussions had gone on for several months about the tourism bureau possibly going in there and then all of a sudden this is before the council. Councilmember Neiderbach pointed out that the Canandaigua Lady was there for years, and that was a private use. He discussed the motion made the evening before, and said that they had rehashed something that had already been decided on. Councilmember Baker pointed out that this group has rehashed many times, and come to Council again, it is not something new. Barb Natale, Vice Chairman of the Finger Lakes Tourism Board, said that they have been talking with the city for about 5-6 months about this lease. It is a five-year with an automatic renewal of five years, so it is a ten-year commitment. With the escalating clause in the current lease under proposal, it will be a ten-year pay back to the city of $97,500, so it is more than what has been discussed this evening. Councilmember Bray asked Ms. Natale if she would be willing to attend a finance committee meeting to discuss working something out, which she advised that she would. Councilmember Baker wanted to point out that the tourism bureau is not part of the county government, they receive some funding from the county, but the city would not be subsidizing the county government.

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Mayor Polimeni mentioned that she hears from residents all the time about the Muar House being in disrepair, and that as a group that supports people taking care of their property, the city should set a standard and take care of its property. A roll call vote was taken on the amendment, which failed with five Councilmembers opposing and Councilmembers Fiorentino and Baker, and Mayor Polimeni voting in favor. Councilmember Baker stated that he was very comfortable with what they did with the general fund, but was very uncomfortable with what they did in the water and sewer funds, so for the first time in 16 years he was going to vote against the budget. Councilmember Seager said that it had been a very good budget process with a lot of work on everyone’s part. He thanked Councilmember Baker for the fine job he did chairing the finance committee. He was disappointed that he would vote against his own budget. Councilmember Fiorentino pointed out that Mr. Cole had put together a document that they had scrutinized, but did not put too large of a dent in it. He said he hoped they didn’t have a major problem in a few years with the sewer fund. He would support the budget as a whole. There was further discussion on the budget, and other comments made. Mayor Polimeni advised that she also for the first time in 21 years would vote against the budget because she saw a disturbing trend that said they were pushing things off. She said that it was a sad day for her to say that, but she wouldn’t be true to the voters of Canandaigua if she supported it. Councilmember Neiderbach said he thought there was a bit of political grandstanding going on, and he thought they should just call the question and vote on the budget. Mayor Polimeni disagreed and assured him that she had strong reservations about the sewer fund, which she expressed at meetings prior to this evening. A roll call vote was then taken on the resolution, which carried with six Councilmembers voting in favor of it, and Councilmember Baker and Mayor Polimeni opposing it. Councilmember Fiorentino read a resolution and moved its adoption. Councilmember Rivet seconded the motion, carried unanimously by roll call vote. Resolution #2001-168: RESOLUTION AUTHORIZING COLLECTION OF COUNTY TAXES THE PEOPLE OF THE STATE OF NEW YORK

TO: LAURA K. WHARMBY, CLERK/TREASURER CITY OF CANANDAIGUA 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 2nd 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.

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Upon all taxes collected after January 31, 2002 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 CANANDAIGUA AND THE CORPORATION SEAL THEREOF THIS 7TH DAY OF DECEMBER, 2001. Councilmember Bray pointed out that the City of Canandaigua pays approximately forty percent more than the City of Geneva, which has a larger population than Canandaigua. The county does not provide much to its small cities. They do not provide police protection to the cities. Councilmember Bray said that Councilmember Baker would soon be on the County Board of Supervisors and he hoped that he would convey this message to the County Board. Local Laws: Councilmember Russell moved to lift from the table Local Law #2001-003, a Local Law Establishing and Imposing Sewer Rents in the City of Canandaigua. Councilmember Fiorentino seconded the motion, unanimously approved by Council. Councilmember Russell moved adoption of Local Law #2001-003. Councilmember Rivet seconded the motion, Councilmember Fiorentino moved to amend the local law by changing the sewer rate from $1.68 per 100 cubic feet to $1.74, and that the minimum quarterly charge be changed from $27.60 to $26.10. Councilmember Rivet seconded the motion, which carried by roll call vote with six Councilmembers voting in favor of it and Councilmember Baker and Mayor Polimeni opposing it. Payment of Bills: Councilmember Baker moved payment of the following bill, Councilmember Bray seconded the motion, carried unanimously by roll call vote. Goodkind & O’Dea, Inc. $31,002.85 Payment Request #10 for Engineering Design Services Associated with the Reconstruction of North Street Metzger Engineering Services $1,755.23 Invoice #1032 for Engineering Services Associated with the Water Treatment Plant High-Rate Demonstration Study. Sunshine Concrete Company Final Payment Request for Sidewalk Construction Contract $35,143.00

Niesz Pavement Painting $2,287.00 Payment Request #2 (final) for the Pavement Painting Effort Throughout the City Hunt Engineers $21,473.62 Invoice #22824 for Engineering Design Services Associated with the Preparation of Construction Design Drawings and Survey Mapping

Councilmember Fiorentino moved to close the regular meeting to go into executive session at 8:45 p.m. to discuss labor negotiations and personnel matters. Councilmember Seager seconded the motion, unanimously approved by Council. 7

Councilmember Fiorentino moved to close the executive session and return to the regular meeting at 9:44 p.m. Councilmember Bray seconded the motion, unanimously approved by Council. Councilmember Baker moved to increase the pay of the City Manager and Assistant City Manager by three percent retroactive to January 1, 2001. Councilmember Fiorentino seconded the motion, carried unanimously by roll call vote. Councilmember Fiorentino moved to adjourn at 9:45 p.m. Councilmember Rivet seconded the motion, carried unanimously by Council.

Laura K. Wharmby Clerk-Treasurer cam

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