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, AUGUST 15, 2002, AT CITY HALL

Present:

Mayor Ellen Polimeni, Councilmembers Michael Neiderbach, Valentine Fenti, Richard Russell, Lori Rivet, Daniel Bray, Sarah Hamlin, C. Marshall Seager and Keith Young

Also Present:

City Manager Stephen C. Cole, Corporation Counsel Scott Smith Clerk-Treasurer Laura Kay Wharmby

Mayor Polimeni called the meeting to order at 7:30 p.m. Councilmember Rivet moved acceptance of the Minutes of the Regular Meeting of July 18, 2002. Councilmember Fenti seconded the motion, unanimously approved by Council. Recognition of Guests Mrs. Caroline Delavan spoke about several projects that she and a committee of people had been working on, explaining that one was the painting of the West Avenue railroad bridge. After trying to obtain funds to do this project, one of the committee members, Glen Houle, volunteered to do the project at his own expense. Mr. Houle was presented with the City of Canandaigua’s Volunteer of the Year Award. Mayor Polimeni thanked him on behalf of the City and presented him with a gift. Sal Pietropaolo, the new Downtown BID Director was presented, and spoke briefly inviting all to visit the new BID office at 115 South Main Street. Geoff Waterman of 288 Mason Street was present expressing concerns about traffic on that street. He reported that RG&E trucks use the street all the time trying to avoid traffic lights on Main Street. Recently an 18-wheeler has driven down the street on its way to Bryne Dairy. Other vehicles speed up and down the street, which has many children living on it. He presented a petition signed by the residents of Mason Street and asked if “Children at Play” signs could be put up. Mr. Cole responded that he had contacted RG&E and that problem has been taken care of. He was assured that RG&E vehicles would not be using Mason Street anymore. He also suggested “No through truck” signs, as well as asking City Police to keep an eye on the street. Councilmember Neiderbach advised that the Planning Committee was going to discuss traffic issues on Gibson Street next Tuesday, August 20 th at 7 p.m. at the Hurley Building. He invited Mr. Waterman to attend that meeting as well. Arnold Louis Wilkins spoke and expressed concerns that not enough attention is paid to the Iroquois Indian Nation. Mayor Polimeni advised Mr. Wilkins that every year on November 11 th, there is a ceremony at the treaty rock located in front of the Ontario County Courthouse. Many members of the Iroquois Nation attend. Mayor Polimeni invited Mr. Wilkins to attend the ceremony this November. Mr. Wilkins thanked Mayor Polimeni stating that he was not aware of the ceremony. Committee Reports: Councilmember Seager reported that the Finance Committee met on July 23 rd with six items on the agenda. The 2001 re-appropriations were discussed. Many projects, repairs, services were not completed within the fiscal year. Resolution #2002-104 on the agenda pertains to those. The second item discussed was the transportation study. The city’s share is a maximum of $10,000. There is money in the grant reserve fund. The selection process for appointment to city boards was also discussed. Councilmember Rivet suggested the process be done differently, a nd the committee felt that they should give it a try. Other items discussed were the water/sewer billing process, the worker’s compensation program and how that works. A couple of recommendations

were made regarding that. Kay James also gave a budget report. The next meeting will be held in early September. Councilmember Bray reported that the Ordinance Committee met on August 6 th and interviewed candidates for the Board of Assessment Review Board and the Zoning Board of Appeals. Four people that applied were in attendance. The Granger Street parking issue was discussed with several residents of the street. The committee discussed the comprehensive plan and the legal implications of it. The last item discussed was the South Main Street zoning ordinance. The next meeting will be held on September 10 th. Councilmember Bray said that he received a letter from a Hubbell Street resident expressing concerns at the intersection of Hubbell and Gibson Streets. It was recommended that parking spaces near the intersection be eliminated. Given the seriousness of a recent accident at Catherine and Main Streets, Councilmember Bray thought this was a good suggestion and would like to see something done quickly. Councilmember Neiderbach reported that the Planning Committee meeting was postponed until August 20th. Councilmember Russell reported that the Environmental Committee met on August 8 th, and had a presentation from City Pride Promotions to design, produce and install banners on city-owned utility poles. The committee also discussed the use of tents on public park land in the city. Councilmember Bray reported there was no meeting of the joint City/Town Recreation Committee. Mayor Polimeni reported on the Task Force Local Government Reform that Governor Pataki appointed her to. She advised that he is very serious about getting input on ways to cooperate and save money.

Resolutions Councilmember Seager read a resolution and moved its adoption. Councilmember Bray seconded the motion, carried unanimously by roll call vote. RESOLUTION #2002-104 A RESOLUTION AUTHORIZING REAPPROPRIATIONS FROM THE 2001 FISCAL YEAR AND AMENDING THE 2002 GENERAL FUND, WATER FUND AND SEWER FUND BUDGETS OF THE CITY OF CANANDAIGUA WHEREAS, the City Council of the City of Canandaigua adopted a budget for the 2001 fiscal year which established expenditure levels for City operations; and WHEREAS, the City was unable to accomplish certain projects, repairs, services, purchases or other expenditures within the fiscal year in which they were budgeted; and WHEREAS, it is still desirable that these expenditures be made; and WHEREAS, the City Council approved Resolution 2001-167 adopting the 2002 General Fund, Water Fund and Sewer Fund budgets; and WHEREAS, the Finance Committee has recommended certain reappropriations and appropriations from Fund Balances; and WHEREAS, funding is available in the Undesignated Fund Balances of each Fund; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Canandaigua hereby reappropriates a total of $144,060 and appropriates a total of $144,800 for expenditures in the General Fund, Water Fund and Sewer Fund, and appropriates a total of 2

$288,860 in revenues from the Undesignated Fund Balance in the respective funds for use in the 2002 fiscal year as outlined on the attachment this resolution; and BE IT FURTHER RESOLVED that the 2002 General Fund, Water Fund, and Sewer Fund Budgets are hereby amended as follows: GENERAL FUND Expenditures Revenues

General Government $ 708,230 Taxes and Penalties $6,395,300 Code Enforcement 186,200 Departmental Revenues 217,900 Police Protection 1,972,220 Charges to Other Gov'ts 402,480 Fire Protection 1,129,440 Use of Money & Property 120,280 Public Works 2,053,770 Licenses and Permits 49,700 Parks & Recreation 616,440 Fines and Other Revenues 150,800 Other Expenditures 1,324,530 Inter-Fund Revenues 567,800 Payments to Outside Agencies 219,790 State & Federal Aid 1,175,020 Capital Budget 832,250 Proceeds of Bonds 0 Debt Service 1,014,440 Appropriated Surplus 978,303 Total Expenditures $10,057,310 Total Revenues $10,057,310 WATER FUND Expenditures Revenues Water Treatment Plant Water Distribution Undistributed Costs Capital Budget Debt Service Total Expenditures $ 656,310 443,030 960,940 664,890 147,930 $2,873,100 Water Charges $2,050,490 Use of Money & Property 27,420 Reserve Fund Revenue 374,560 Other Revenues 12,400 Appropriated Surplus 408,230 Total Revenues $2,873,100

SEWER FUND Expenditures Sewer Collection Sewage Treatment Plant Undistributed Costs Capital Budget Debt Service Total Expenditures $ 212,610 886,210 293,230 203,010 92,740 $1,687,800 Revenues Sewer Charges $ 1,004,210 Charges to Other Gov'ts 412,460 Use of Money & Property 24,400 Appropriated Surplus 246,730 Total Revenues $1,687,800

Councilmember Hamlin read a resolution and moved its adoption. Councilmember Seager seconded the motion, unanimously approved by Council. RESOLUTION #2002-105 A RESOLUTION GRANTING PERMISSION FOR THE CROSSWINDS WESLEYAN CHURCH 5K ROAD RACE

WHEREAS, the Crosswinds Wesleyan Church has requested permission to conduct a 5K Road Race on Saturday, August 31, 2002; and WHEREAS, the organizers have requested City permission to conduct a portion of the race along City streets; and WHEREAS, City Staff have reviewed this request and recommend its approval conditioned upon the organizers providing traffic monitors at every intersection along the race route; and WHEREAS, the Environmental Committee reviewed and approved this race at their May 9, 2002 meeting; and

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WHEREAS, the Crosswinds Wesleyan Church has 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 Crosswinds Wesleyan Church to conduct a 5K Road Race on August 31, 2002 and that the organizers shall adhere to any regulations that the City Manager and the City Police Department shall establish to insure the health and safety of the Canandaigua residents throughout this event. Councilmember Russell read a resolution and moved its adoption. Councilmember Rivet seconded the motion, unanimously approved by Council. RESOLUTION #2002-106 A RESOLUTION APPOINTING STEVEN P. DAVIS TO THE CANANDAIGUA FIRE DEPARTMENT WHEREAS, the City Council has received an application from the Canandaigua Fire Department for appointment of Steven P. Davis to said Department as a Volunteer; and WHEREAS, the application has been reviewed and recommended by Fire Chief Robert Case; NOW, THEREFORE, BE IT RESOLVED that Steven P. Davis is hereby appointed as a Volunteer Member of the Canandaigua Fire Department.

Councilmember Rivet read a resolution and moved its adoption. Councilmember Fenti seconded the motion, unanimously approved by Council. RESOLUTION #2002-107 A RESOLUTION APPOINTING JASON ANTHONY HARRIS TO THE CANANDAIGUA FIRE DEPARTMENT WHEREAS, the City Council has received an application from the Canandaigua Fire Department for appointment of Jason Anthony Harris to said Department as a Volunteer; and WHEREAS, the application has been reviewed and recommended by Fire Chief Robert Case; NOW, THEREFORE, BE IT RESOLVED that Jason Anthony Harris is hereby appointed as a Volunteer Member of the Canandaigua Fire Department. Councilmember Young read a resolution and moved its adoption. Councilmember Bray seconded the motion, unanimously approved by Council. RESOLUTION #2002-108 A RESOLUTION APPOINTING ADAM JOSEPH HARRIS TO THE CANANDAIGUA FIRE DEPARTMENT WHEREAS, the City Council has received an application from the Canandaigua Fire Department for appointment of Adam Joseph Harris to said Department as a Volunteer and WHEREAS, the application has been reviewed and recommended by Fire Chief Robert Case; NOW, THEREFORE, BE IT RESOLVED that Adam Joseph Harris is hereby appointed as a Volunteer Member of the Canandaigua Fire Department.

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Councilmember Seager pointed out that these two young men were the sons of former Councilmember Tony Harris. Mayor Polimeni said that their Grandfather Fletcher also served on Council. Councilmember Bray said that it should be noted that Fire Chief Bob Case was doing a fine job-recruiting volunteers. Councilmember Neiderbach read a resolution and moved its adoption. Councilmember Fenti seconded the motion, carried unanimously by roll call vote. RESOLUTION #2002-109 A RESOLUTION AUTHORIZING THE EXPENDITURE OF $10,000 FROM THE CITY’S GRANT RESERVE FUND TOWARD THE LOCAL MATCH FOR THE CANANDAIGUA REGIONAL TRANSPORTATION STUDY

WHEREAS, upon the announcement several years ago that the New York State Department of Transportation would be widening State Route 332 as it approached the City of Canandaigua, City Council immediately recognized that this transportation project would have a significant impact upon the City and Town of Canandaigua; and WHEREAS, the City Council passed a resolution in April of 1999 petitioning Ontario County and the State of New York to assist our community in planning for this project; and WHEREAS, the City Council listed in its last two consecutive Strategic Plans the goal of proactively identifying and implementing transportation, land use, and other strategies to maximize the net positive impact of the recently completed Route 332 Corridor on the Canandaigua Region and adjoining communities; and WHEREAS, under the official sponsorship of the Ontario County Planning Department, the Genesee Regional Transportation Council has awarded a grant of $80,000 toward what is now officially named the Canandaigua Regional Transportation Study; and WHEREAS, the City and Town of Canandaigua have each pledged to share the required local match of $20,000; NOW, THEREFORE, BE IT RESOLVED by the Canandaigua City Council that $10,000 is hereby earmarked in the General Fund’s existing Grant Reserve Fund account as the City’s share of the local match for Canandaigua Regional Transportation Study and that the City Manager is authorized to expend the same. Councilmember Bray introduced an ordinance. ORDINANCE #2002-14 AN ORDINANCE AMENDING CHAPTER 9.09 ENTITLED “GENERAL PROVISIONS” OF THE MUNICIPAL CODE SECTION 1. Section 9/08.040 (Traffic Control Signals and Flashing Signals) of the Municipal Code is hereby amended. SECTION 2. Section 9.09.040 (B) [2] shall be amended to delete the following: North Bloomfield Road at its intersection with North Street. SECTION 3. This ordinance shall take effect thirty (30) days from its adoption. Mayor Polimeni advised that the ordinances could be passed this evening as there was a full Council present. Councilmember Bray moved adoption of Ordinance #2002-014. Councilmember Neiderbach seconded the motion, carried unanimously by roll call vote. 5

Councilmember Bray introduced an ordinance and moved its adoption. Councilmember Rivet seconded the motion, unanimously approved by roll call vote. ORDINANCE #2002-15 AN ORDINANCE AMENDING CHAPTER 9.12 ENTITLED “STOP INTERSECTIONS” OF THE MUNICIPAL CODE SECTION 1. Section 9.12.030 (Stop Intersections) of the Municipal Code is hereby amended. SECTION 2. Section 9.12.030 (67) [a] shall be amended to delete the following: North Street from the west with Bloomfield Road, North. SECTION 3. Section 9.12.030 (67) [a] shall be amended to delete the following: North Street from the east with Bloomfield Road, North. SECTION 4. This ordinance shall take effect thirty (30) days from its adoption.

Payment of Bills: Councilmember Seager moved payment of the following bills. Councilmember Bray seconded the motion, carried unanimously by roll call vote. Goodkind & O’Dea, Inc. $18, 873.23 Payment Request #3 for Construction Inspection Services Associated with the North Street Project Nory Construction Company, Inc. $438,933.70 Payment Estimate #3 for the North Street Reconstruction Project Hunt Engineers, P.C. $16,987.50 Invoice No. 23455 for Construction Inspection Services Associated with the Reconstruction of Coy Street, Highland Terrace, Phelps Street and Lakeshore Drive Thornton Engineering, LLP $3,725.00 Invoice No 02-174 for Engineering Design Services Associated with the Reconstruction of Circle Drive and the Replacement of the Parrish Street Sanitary Sewer and Asphalt Resurfacing. F. Rizzo Construction, Inc. $248,364.14 Payment Request #2 for Construction of the Coy Street, Highland Terrace, Lakeshore Drive and Phelps/Saltonstall Street Project.

MRB Group $500.00 Invoice #1 for Services Rendered in Association With the Water Supply Geographic Service Limits Study Stearns & Wheler, LLC/PLLC $7,905.00 Payment Request #2 for Professional Engineering Services Associates with the 6

Digester Mixer Upgrade, Digester Cover Replacement and Odor Mitigation Design at the Wastewater Treatment Facility. Councilmember Seager said that there was a lot to be said about crews that worked on the Circle Drive project, pointing out that the residents were pleased with it. Mayor Polimeni said that Lakeshore Drive was complete now also. Councilmember Russell pointed out that Coy Street also looks good. Mayor Polimeni thanked Lou Loy and the DPW for all the projects they have worked on. Councilmember Neiderbach mentioned that he would like the committee members to meet on Kennedy Street next week to see the issues there before discussing at the meeting. They will meet there at 6:30 p.m. and then go to North Pleasant Street, and on to the Hurley Building for the meeting. Manager’s Report: Mr. Cole advised that hunting licenses will be available August 26 th at the Clerk-Treasurer’s Office.

Miscellaneous: Councilmember Rivet spoke stating that Canandaigua was fortunate that they have so many dedicated citizens interested in serving the community. She explained that the voting process for appointing people to serve on board was going to be different from now on. All people interested would be nominated at the same time. When Councilmembers were called upon to vote, they would vote for the person they wanted to be appointed. Councilmember Rivet moved to nominate the following people for appointment to the Assessment Board of Review, Councilmember Bray seconded the motion, unanimously approved by Council. Anthony Raguso Thomas Schirmer Donna Scott Douglas Verbridge William Woods Following is how Councilmembers cast their votes. Councilmember Neiderbach Councilmember Fenti Councilmember Russell Councilmember Rivet Councilmember Hamlin Councilmember Young Councilmember Bray Councilmember Seager Mayor Polimeni Schirmer Scott Scott Raguso Scott Raguso Raguso Raguso Scott

Since there was a tie vote, 4-4 for Anthony Raguso and Donna Scott, there was another roll call vote as follows:

Councilmember Neiderbach Councilmember Fenti Councilmember Russell Councilmember Rivet Councilmember Hamlin Councilmember Young Councilmember Bray

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Raguso Scott Scott Raguso Scott Raguso Raguso 7

Councilmember Seager Mayor Polimeni

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Raguso Scott

Anthony Raguso was appointed to the position on the Assessment Board of Review. Councilmember Rivet moved to nominate the following people to the Zoning Board of Appeals. Councilmember Bray seconded the motion, unanimously approved by Council. Dianna Clinton Donna Scott Stephen Siciliano William Woods Following is how Councilmembers cast their votes. Councilmember Neiderbach Councilmember Fenti Councilmember Russell Councilmember Rivet Councilmember Hamlin Councilmember Young Councilmember Bray Councilmember Seager Mayor Polimeni Siciliano Siciliano Siciliano Scott Scott Siciliano Siciliano Scott Scott

Stephen Siciliano was appointed to the position on the Zoning Board of Appeals. Councilmember Young suggested that Mr. Cole contact the candidates to see if they would be interested in any other appointments. Mr. Cole said he would do that, and the article that he read last weekend would be in the AR. Councilmember Bray said that all the candidates interviewed said that they want to get involved in the community. Councilmember Fenti wanted to commend Clerk-Treasurer Kay Wharmby for saving the city $30,000 on its phone bill. Councilmember Bray said that his wife and son were involved in a motor vehicle accident near City Hall recently. He complimented Kay Wharmby and other City Staff for assisting his wife, pointing out that they did not know she was his wife. Mr. Cole also comforted his 8-year old son. Councilmember Bray said that this was above and beyond. He just wanted people to know this. Councilmember Bray discussed problems with vandalism and a series of thefts from cars in the Washington and Howell Street neighborhood. He urged anyone that has a problem or sees anything unusual to call the police. Councilmember Seager said that there was a situation where masked persons attacked a Howell Street resident recently. He wanted to alert people of that situation as well. Councilmember Bray advised that a resident of Charlotte Street has been working very hard to convince officials of the Veterans Hospital to open other gates and she deserved support for this. He thought that a letter should be sent on behalf of Council in support of this. Mayor Polimeni advised that she had sent a letter to Albany regarding that, but had not heard back from anyone yet. She pointed out that the City will have to continue pursuing this matter and offering solutions to let them know they are serious about it. Councilmember Seager suggested a resolution be passed at the next meeting. Mayor Polimeni thought that was a good idea, stating they could send it to David Smith at the VA with a copy to Albany. Councilmember Bray suggested a public meeting with Mr. Smith. Mayor Polimeni advised that they have been working on that.

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Robert Frasca of the Planning Commission was present and spoke briefly about the comprehensive plan, stating that he had concerns about the wording on a few things. Mayor Polimeni advised that they would be reviewing the plan at the Planning Committee meeting next Tuesday and that some of the wording can still be changed. Councilmember Rivet moved to close the regular meeting to go into executive session at 9:03 p.m. to discuss land acquisition. Councilmember Russell seconded the motion, unanimously approved by Council. Councilmember Rivet moved to close the executive session and return to the regular meeting at 9:12 p.m. Councilmember Seager seconded the motion, unanimously approved by Council. Councilmember Rivet moved to adjourn the Council Meeting at 9:13 p.m. Councilmember Bray seconded the motion, unanimously approved by Council.

Laura Kay Wharmby Clerk-Treasurer

Cam

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