MINUTES OF THE ORGANIZATIONAL MEETING OF THE CITY COUNCIL

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MINUTES OF THE ORGANIZATIONAL MEETING OF THE CITY COUNCIL Powered By Docstoc
					             MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
                HELD THURSDAY, FEBRUARY 7, 2002 AT CITY HALL


Present:       Mayor Ellen Polimeni, Councilmembers Michael Neiderbach, Valentine Fenti,
               Richard Russell, Lori Rivet, Sarah Hamlin, Keith Young, and Daniel Bray

Also Present: Corporation Counsel Scott Smith, City Manager Stephen C. Cole, Clerk-
              Treasurer Laura K. Wharmby

Absent:        Councilmember C. Marshall Seager

Mayor Polimeni called the meeting to order at 7:30 p.m.

The Boy Scouts who were present from Troop 30 lead the Pledge of Allegiance at Mayor
Polimeni’s request.

Councilmember Rivet moved adoption of the minutes of three public hearings and the regular
meeting of January 17, 2002. Councilmember Bray seconded the motion. Councilmember
Hamlin pointed out a possible error in the regular minutes that was later determined to be correct.
Council then unanimously approved the minutes.

Recognition of Guests:

Mayor Polimeni recognized Carol Shauma from Wood Library who was present to discuss a
reading program called “If all of Rochester read the same Book” advising the book is the “ The
Sweet Hereafter.” Ms. Shauma brought copies of the book for Councilmembers. The idea of
the program is to read the book and talk about it with friends and family. The book is about a
terrible school bus accident and how the community comes to terms with it.

Former Mayor, Earl Coleates, presented a light, in the shape of a lighthouse, to be placed on the
end of City Pier for boats to use as a guide light at night. Mayor Polimeni pointed out that Mr.
Coleates came before Council months ago and requested that the city do something about a light
on the end of the pier and then he went out and got the light! Mr. Coleates explained where the
materials for the light came from, some items purchased and some donated by Coy Street
Hardware. BOCES teachers did some work on it as well. There is a nameplate on it and it will
be located at the center of the end of the pier. He also said that he and Jim Muscato, who is now
in a nursing home, had the idea for this light together. Mr. Coleates has kept Mr. Muscato
informed all along of what is going on. Mayor Polimeni said that when the light is placed on the
pier, the city would hold a ceremony and possibly Mr. Muscato would be able to attend that with
him.

Several Boy Scouts present from Troop 30, working on Citizens in the Community Badges, were
recognized.

Committee Reports:

Councilmember Seager reported that the Finance Committee was scheduled to meet on February
26, at 7 p.m. in the City Manager’s office.

Councilmember Bray reported that the Ordinance Committee was scheduled to meet on February
12, 7:30 p.m. at the Hurley Building with a lengthy agenda.

Councilmember Neiderbach reported that the Planning Committee was scheduled to meet on
February 28 at 7:30 p.m. at the Hurley Building. The economic development task force is on that
agenda. Councilmember Neiderbach commended Councilmember Fenti for bringing that about.

Councilmember Russell reported that the Environmental Committee would meet on February 14
at 7 p.m. at the Hurley Building. Items on that agenda are the DAV memorial, and Holiday
Harbor’s proposed sound barrier from Routes 5 & 20.
Councilmember Bray advised that the joint city/town recreation committee would meet at some
point and that they need a replacement for former Councilmember David Baker. Mayor Polimeni
suggested that any Councilmembers interested in serving on that committee, should contact the
City Manager.

Resolutions:

Councilmember Fenti moved to lift from the table Resolution #2202-004. Councilmember Rivet
seconded the motion, unanimously approved by Council.


                                    Resolution #2002-004

                        A RESOLUTION ESTABLISHING AN
                      ECONOMIC DEVELOPMENT TASK FORCE

        WHEREAS, the City of Canandaigua’s official Vision Statement is to treasure our
heritage and natural beauty while providing and promoting a safe, clean and attractive
environment in which to live, work and play and;

       WHEREAS, the City Council recognizes that a growing and sustainable local economy is
imperative to achieving this vision; and

        WHEREAS, the last official study of Canandaigua’s economy is now over ten years old,
the City is facing development pressures from the expansion of State Route 332, and the City’s
new Comprehensive Plan is expected to address commercial zoning throughout the City; and

         WHEREAS, the City Council has decided to make economic development a top priority
in their 2002-2003 Strategic Plan;

       NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Canandaigua that an Economic Development Task Force is hereby established with the following
members: Ward 1 Councilmember Mike Neiderbach, Ward 2 Councilmember Val Fenti,
Councilmember at Large Dan Bray, Councilmember at Large Marsh Seager, City Manager
Stephen Cole (or his designee), and several private sector members to be recruited by the Task
Force.

       AND, BE IT FURTHER RESOLVED that this Task Force is charged with:
       1. Developing a draft Request for Qualifications to solicit consultants to perform an
          economic development needs assessment for the City.
       2. Investigating opportunities to improve the retention and expansion of businesses
          already in the City.
       3. Investigating methods, programs and approaches that other communities have
          successfully used to encourage economic development.
       4. Presenting the Task Force’s findings and recommendations to the City Council’s
          Planning Committee on May 23, 2002.

Councilmember Fenti moved to change the Economic Development Task Force Members as
Councilmember Val Fenti, Councilmember At Large Daniel Bray and Councilmember At Large
Marsh Seager; and ex-officio members Ward I Councilmember Michael Neiderbach, Mayor
Ellen Polimeni and City Manager Stephen Cole. Councilmember Bray seconded the motion.

Councilmember Hamlin asked if ex-officio members are able to vote.     Mayor Polimeni advised
no.

Mayor Polimeni discussed an E-mail that she sent and asked if people had received it. She spoke
to the mayor of Oneonta about their economic development committee. When their committee
was formed they chose to put only a single Councilmember on that committee and the rest was
made up of people from the public sector, mostly businessmen or women. Mayor Polimeni said
that the question she asked in her E-mail was is this another way of going about doing the same

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thing that might work better in terms of getting more public or business input. Councilmember
Fenti said that in the case of Oneonta it was an ongoing committee that meets once a month. The
resolution before Council, for the task force, is to develop a Request for Qualifications to solicit
consultants to perform an economic development needs assessment for the city or investigate
another method to obtain. Councilmember Fenti felt that sometime down the road, there might be
an ongoing committee or economic development corporation, but he did not believe that the city
was at that point yet. Mayor Polimeni asked if the RFQ would be the only outcome of this and
Councilmember Fenti replied yes.

Councilmember Bray said that he viewed this committee as a differentiating committee.

Councilmember Bray proposed the following amendment under #3 to read as follows:
“Investigating methods, programs and approaches to encourage economic development.”
Councilmember Fenti seconded the motion.

There was some discussion about the amendment where Councilmembers spoke in favor of the
resolution.

A roll call vote was taken on the amendment and carried unanimously by Council.

Mayor Polimeni said that she would like to see a number 5 that would indicate the partnering
with the Chamber of Commerce if possible in terms of the whole issue of economic
development.

Councilmember Hamlin moved to amend the resolution by adding #5 An effort will be made to
partner with the Chamber of Commerce regarding issues of economic development.
Councilmember Fenti seconded the motion, carried unanimously by roll call vote.

Councilmember Hamlin said she thought the Council still needs to consider if the comprehensive
plan still needs to do its economic development portion of the plan. She asked if this would be
redundant. Mayor Polimeni said that she would say not because a comprehensive plan is usually
a document, which lasts for several years. Council’s term is two years. Mayor Polimeni thought
that part of a comprehensive plan was an economic development piece.

Councilmember Bray said that it only made good sense for the economic development task force
to pass along information to the comprehensive plan committee.

A roll call vote was then taken on the amended resolution, which carried unanimously.

Councilmember Hamlin read a resolution and moved its adoption. Councilmember Rivet
seconded the motion, carried unanimously by roll call vote.

                                   RESOLUTION #2002-009

                   MUTUAL AID AGREEMENT FOR PUBLIC WORKS
                         PROJECTS AND MAINTENANCE

       WHEREAS, Pursuant to General Municipal Law 119-0(1), local governments are
authorized to enter into municipal cooperation agreements for the performance among
themselves or one for the other of their respective functions, and

      WHEREAS, it has been proposed that municipalities within and adjacent to Ontario
County enter into a “mutual aid” agreement for highway projects and maintenance;

     NOW, THEREFORE, IT IS AGREED AMONG THE PARTICIPATING
MUNICIPALITIES AS FOLLOWS:

1.     Purpose        The purpose of this Agreement is to allow municipalities within and
adjacent to the County of Ontario to assist one another on highway projects and maintenance to
meet temporary demands for machinery and manpower. This mutual aid program shall not be


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used to establish long term or permanent exchanges or assumption of road maintenance or
snowplowing obligations or long term or permanent obligations relating to bridges.

2.      Mutual Aid Review Committee          There shall be a mutual aid review committee
consisting of the Board of Directors of the Ontario County Town and County Highway
Superintendents Association, the County Highway Superintendent and one member of the public,
not directly employed by local government or the highway maintenance industry, to be chosen by
the other members of the Committee.

3.      Designation of Coordinators Each participating municipality shall designate one or more
coordinators who shall be authorized to request or render mutual aid assistance, except that in the
case of Towns with an elected Superintendent of Highways, the Superintendent of Highways
shall serve the Town’s designated coordinator. All coordinators shall request or render mutual
aid assistance within the parameters what may be established by their municipality’s governing
body.

4.     Services        When requested by the coordinator of a participating municipality, the
coordinator of another participating municipality may provide equipment, materials, and
manpower to assist the requesting municipality in the performance of highway projects and
maintenance. Coordinators requesting assistance shall first contact the County or other
municipalities within the immediate area.

        Assisting municipalities shall reserve the right to refuse or withdraw assistance at any
time based upon the needs within the assisting municipality’s own jurisdiction. It is the intention
of the parties that no payment shall be made by participating municipalities in return for services
rendered or equipment or materials provided hereunder. Rather, the consideration running to
each municipality hereunder shall be the availability of such services, equipment, and materials
from other participants.

        Employees of assisting municipalities hereunder shall be deemed to be performing
service for the assisting municipality and shall be paid in accordance with the assisting
municipalities practices.

5.      Participants Municipal corporations within and adjacent to the County of Ontario may
become participants by passing an appropriate resolution and executing this Agreement. The
mutual aid review committee shall notify all other participants of new members in the plan. A
participating municipality may withdraw from the plan at any time after completing all
obligations incurred pursuant to this Agreement.

6.     Insurance       Participating municipalities shall carry comprehensive general liability,
and equipment insurance of at least $1,000,000 for each such category of insurance, or maintain
an equivalent self-insurance program. By executing this Agreement, each participating
municipality hereby certifies that such insurance shall continue to cover its employees, vehicles,
and equipment when being utilized to render assistance to another municipality, and in the case
of equipment loaned without an operator, when operated by another municipality’s employee.
All work performed hereunder is a contractual obligation of the participating municipalities.

7.      Statutory Compliance            All participating municipalities shall perform in accordance
with all applicable federal, state and local laws, rules and regulations, including without
limitation any applicable provisions of the Labor Law of the State of New York. All statutory
provisions applicable to this Agreement are hereby incorporated be reference.

8.      Amendments No waiver, modification, or amendments of the Agreement or any part
thereof shall be valid unless in writing and approved by all participating municipalities. A
waiver of any breach hereof shall not prevent forfeiture for any succeeding breach.

Councilmember Young read a resolution and moved its adoption. Councilmember Bray
seconded the motion, carried unanimously by roll call vote.


                                   RESOLUTION #2002-010

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 A RESOLUTION WAIVING THE PERMIT FEE FOR WORK PERFORMED WITHIN
                     A STREET RIGHT-OF-WAY


        WHEREAS, residents of the City are being notified that storm or ground water may be
introduced into the public sanitary sewer collection system from roof gutters and/or sump pumps
of existing structures; and

        WHEREAS, residents are being encouraged to voluntarily remove such storm and ground
water from the sanitary sewer and discharge such flows to the public storm sewer collection
system; and

        WHEREAS, right-of-way permits are required with a $10.00 fee per job that is to be
collected by the Department of Public Works pursuant to Section 4.12.040 (Permission to
Deposit Building Material; Penalty) of the Municipal Code; and

        WHEREAS, the Finance Committee of the City Council, at its January 22, 2002 meeting,
discussed and approved the waiver of the right-of-way work permit fee in the amount of $10.00
for jobs involving the discharging of storm and ground water into the appropriate sewer
collection system; and

        NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Canandaigua hereby waives the right-of-way permit fee of $10.00 for work performed by
property owners of the City of Canandaigua; such work being specifically for the connection or
disconnection of the sanitary or storm laterals of existing facilities necessary for the removal of
storm water from the sanitary sewer system and the connection of the public storm water
collection system such that all permit fee waivers will expire on December 31, 2002.

Councilmember Neiderbach questioned that municipalities must separate storm water from
sanitary sewers. Mr. Cole responded that they have to process separately.

Councilmember Neiderbach read a resolution and moved its adoption. Councilmember Rivet
seconded the motion, unanimously approved by Council.

                                    RESOLUTION 2002-011

                         A RESOLUTION AUTHORIZING
                      PARTICIPATION BY CITY EMPLOYEES
              IN THE SEVENTH ANNUAL VOLUNTEER DAY OF CARING


      WHEREAS, the United Way of Ontario County is sponsoring the Seventh Annual
Volunteer Day of Caring on Thursday, March 21, 2002 to kickoff its 2002 fundraising campaign;
and

       WHEREAS, the Volunteer Day of Caring is a program wherein employers allow their
employees the opportunity to volunteer at an assigned United Way agency for a day or half-day
without requiring that leave time be used for that purpose; and

       WHEREAS, City of Canandaigua wishes to participate in the 2002 Volunteer Day of
Caring program;

       NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Canandaigua that City employees may volunteer to participate in the Seventh Annual United
Way Volunteer Day of Caring, provided that no employee shall earn overtime wages for the time
spent volunteering, and further provided no overtime costs shall be incurred in order to fill shift
vacancies created by the participation of employees in the Day of Caring.

Councilmember Fenti read a resolution and moved its adoption. Councilmember Russell
seconded the motion, unanimously approved by Council.

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                                   RESOLUTION #2002-012

                   A RESOLUTION APPOINTING ROBERT BRIZZEE
                         TO THE ERINA HOSE COMPANY


      WHEREAS, the City Council has received an application from the Erina Hose Company
for appointment of Robert Brizzee to said Company and

        WHEREAS, the application has been reviewed and recommended by Fire Chief Robert
Case;

     NOW, THEREFORE, BE IT RESOLVED, that Robert Brizzee is hereby appointed as a
member of the Erina Hose Company.

Councilmember Russell read a resolution and moved its adoption. Councilmember Bray
seconded the motion, carried unanimously by roll call vote.

                                  RESOLUTION #2002-013:

                 A RESOLUTION AWARDING A SERVICE CONTRACT
                      FOR CONCESSIONS AT KERSHAW PARK


       WHEREAS, Paulette Katchmar, the sole operator of the Kershaw Park concession facility
since 1999, has expressed the interest and desire to continue the operation of the concession at
Kershaw Park; and

          WHEREAS, Request for Proposals for the Operation of a Food Service
Concession at Kershaw Park were received on December 20th, 2001 for the operation and
maintenance of a food service concession at the Kershaw Park facility; and

    WHEREAS, the most desirous proposal was submitted by Paulette Katchmar; and

        WHEREAS, pursuant to the 2002 Service Contract for Concessions at Kershaw Park,
page 1, “Payment”, Ms. Katchmar shall pay the City of Canandaigua two installments of $1,250
each to be paid on May 6th and July 8th; and

        WHEREAS, pursuant to the Request for Proposals for the Operation of a Food
Service Concession at Kershaw Park (October 2001), page 3, “License Renewal”, the City
grants the Licensee the option to renew this license for two (2) successive beach seasons, with
terms to be negotiated; and

       WHEREAS, the Planning Committee, at its January 25th, 2002 meeting reviewed and
recommended that Paulette Katchmar again be awarded the service contract for the operation and
maintenance of a food concession facility at Kershaw Park;

        NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Canandaigua does hereby authorize the City Manager to execute a contract for the exclusive food
service rights at Kershaw Park Bathhouse for the summer season of 2002 to Paulette Katchmar
for the price of $2,500.

Councilmember Neiderbach read a resolution and moved its adoption. Councilmember Rivet
seconded the motion, carried unanimously by roll call vote.


                                 RESOLUTION NO. 2002-014

                           A RESOLUTION REQUESTING


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                   THE ENACTMENT OF ASSEMBLY BILL NO. 6733-A

        WHEREAS, Assemblyman Brian Kolb has introduced Assembly Bill No. 6733-A,
authorizing the City of Canandaigua to enact school speed limits near the Canandaigua Middle
School;

        NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Canandaigua
that the City Council of the City of Canandaigua formally requests the New York State Legislature,
pursuant to Article IX of the New York State Constitution, to enact Assembly Bill No. 6733-A
entitled "AN ACT authorizing the City of Canandaigua to impose a school speed limit near
Canandaigua Middle School" and it is further

        RESOLVED that a necessity exists for the enactment of such legislation by reason of the
fact that the City of Canandaigua does not have the power to enact such legislation by local law.

Councilmember Neiderbach read a resolution and moved its adoption. Councilmember Fenti
seconded the motion, carried unanimously by roll call vote.

                                RESOLUTION NO. 2002-014A

                           A RESOLUTION REQUESTING
                     THE ENACTMENT OF SENATE BILL NO. 4268-A

        WHEREAS, Senator Randy Kuhl has introduced Senate Bill No. 4268-A, authorizing the
City of Canandaigua to enact school speed limits near the Canandaigua Middle School;

        NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Canandaigua
that the City Council of the City of Canandaigua formally requests the New York State Legislature,
pursuant to Article IX of the New York State Constitution, to enact Senate Bill No. 4268-A entitled
"AN ACT authorizing the City of Canandaigua to impose a school speed limit near Canandaigua
Middle School" and it is further

        RESOLVED that a necessity exists for the enactment of such legislation by reason of the
fact that the City of Canandaigua does not have the power to enact such legislation by local law.

Councilmember Bray read a resolution and moved its adoption. Councilmember Hamlin seconded
the motion, carried unanimously by roll call vote.




                                   RESOLUTION #2002-015

             A RESOLUTION AUTHORIZING THE CITY MANAGER
      TO EXECUTE A LEASE FOR A PCS TELECOMMUNICATIONS FACILITY
            AT THE CITY’S NORTH MAIN STREET WATER TOWER

       WHEREAS, Local Law No. 2 of 2001 authorized the City Council to authorized a lease for
telecommunications facilities at the City’s North Main Street water tower;

       WHEREAS, the City Manager has negotiated a lease of space through negotiations with the
representatives of Omnipoint Holdings, Inc.; and

       WHEREAS, a copy of the lease is annexed hereto; and

       WHEREAS, the terms of the lease agreement have been reviewed by the City Manager, the
Director of Public Works and the Corporation Counsel.




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Councilmember Neiderbach wanted to clarify for the record that the 80’ height mentioned on the
first page of the attached lease agreement meant 80’ from the ground, and not from the top of the
tower.

Councilmember Russell read a resolution and moved its adoption. Councilmember Bray seconded
the motion, carried unanimously by roll call vote.

                                   RESOLUTION #2002-016

A RESOLUTION AWARDING A PURCHASE CONTRACT AND THE PAYMENT FOR
            WATER TRANSMISSION (PHASE III) MATERIALS

        WHEREAS, the need exists to extend the water transmission system known as Phase III
from the Phase II terminus to the connection points of the Canandaigua/Farmington Water
District; and

       WHEREAS, bids for water transmission pipe and appurtenances were received on
January 31, 2002 with three bidders responding; and

       WHEREAS, the lowest responsive bid, in the amount of $263,060.95, was submitted by
Vellano Brothers, Inc., 795 Beahan Road, Rochester, New York, 14624; and

      WHEREAS, adequate funding for this purchase is included in the 2002 Water Capital
Budget; and

       WHEREAS, it is the recommendation of the Public Works Director and City Manager to
award a purchase contract, in the amount of $263,060.95 to Vellano Brothers, Inc., 795 Beahan
Road, Rochester, New York, 14624, the lowest responsive bidder;

       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 the
supplying of transmission pipeline and appurtenances pursuant to the unit prices bid on January
31, 2002 to Vellano Brothers, Inc.

Councilmember Rivet read a resolution and moved its adoption. Councilmember Young
seconded the motion, carried unanimously by roll call vote.



                                       RESOLUTION #2002-017

   A RESOLUTION APPROVING A RETROACTIVE COMPENSATION INCREASE
                    FOR NON-UNION EMPLOYEES


        WHEREAS, the contract settlement with the City’s DPW-Parks labor union provides for
a three percent (3%) pay increase effective January 1, 2002; and

      WHEREAS, it is the desire of the City Council that non-union employees receive
compensation increases commensurate with those provided to unionized employees, and;

        WHEREAS, the Finance Committee has recommended compensation increases for
certain positions in accordance with the Wage and Salary Administration Program prepared for
the City in 2001 by AMTEK Human Resource Consultants;

       NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Canandaigua that the 2002 non-union compensation plan as detailed on the attached page is
hereby adopted; and

       BE IT FURTHER RESOLVED that this compensation plan shall be retroactive to
January 1, 2002.

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Councilmember Bray read a resolution and moved its adoption. Councilmember Rivet seconded
the motion, carried unanimously by roll call vote.


                                 RESOLUTION NO. #2002-018


       RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
       CANANDAIGUA, NEW YORK ADOPTED FEBRUARY 7, 2002
       AUTHORIZING IMPROVEMENTS TO THE CITY OF CANANDAIGUA
       WASTEWATER TREATMENT FACILITY AT THE AGGREGATE
       MAXIMUM COST OF $1,310,000, APPROPRIATING SAID AMOUNT
       THEREFORE, STATING THE ESTIMATED TOTAL COST THEREOF
       TO BE $1,310,000 AND AUTHORIZING THE ISSUANCE OF UP TO
       $1,310,000 SERIAL BONDS OR NOTES IN ANTICIPATION OF SUCH
       BONDS.


     NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CANANDAIGUA, AS FOLLOWS:


        Section 1. Improvements to the City of Canandaigua Wastewater Treatment Facility,
including installation of an anaerobic digester mixing system in the primary digester and the
installation of fixed covers on the secondary anaerobic digesters, all necessary site improvements
and ancillary work required to effectuate the same including related design, engineering,
inspection, legal and financing costs (the "Project") at a maximum estimated cost of $1,310,000
is hereby approved.

        Section 2.     The plan for financing of such maximum estimated costs is as follows: by
the issuance by of the City of Canandaigua, New York (the “City”) of not to exceed $1,310,000
of Bonds or bond anticipation notes in anticipation of the issuance and sale of the bonds herein
authorized, including renewal of such notes (the "Bonds") hereby authorized to be issued
therefore pursuant to the Local Finance Law, and the levy of a tax to pay interest on such
obligations. The Bonds and notes issued in anticipation thereof authorized hereby may be issued
to the United States Department of Agriculture, Office of Rural Development, or any of its
related offices or agencies, the New York State Environmental Facilities Corporation or any
other purchaser in accordance with the provisions of the Local Finance Law

       Section 3.      It is hereby determined that the period of probable usefulness of the
aforesaid specified objects or purposes is forty (40) years It is hereby further determined that the
maximum maturity of the Bonds herein authorized will exceed five (5) years.

        Section 4.     The City Council, as Lead Agency, has responsibility for the review of the
Project and its impact upon the environment, as required by the New York Environmental
Quality Review Act (hereinafter "SEQRA") and the applicable regulations promulgated pursuant
thereto, and, after review, has determined by resolution adopted on August 9, 1999 that the
Project is a Type II Action which is not subject to review under SEQRA; and

       Section 5.     The full faith and credit of the City is hereby irrevocably pledged for the
payment of the principal of and interest on the Bonds as the same respectively become due and
payable. An annual appropriation shall be made in each year sufficient to pay the principal of
and interest on such obligations becoming due and payable in such years and such debt service
payments may be made in substantially level or declining amounts as may be authorized by law.

        Section 6.     Pursuant to Sections 30.00, 50.00 and 56.00 to 60.00 inclusive of the
Local Finance Law, the power to authorize the issuance of and to sell the Bonds and any bond
anticipation notes issued in anticipation of the issuance and sale of the Bonds herein authorized,


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including renewals of such notes, is hereby delegated to the City Manager, as Chief Fiscal
Officer. Such Bonds and notes shall be of such terms, form and contents, and shall be sold in
such manner, as may be prescribed by said City Manager, consistent with the provisions of the
Local Finance Law.

        Section 7. The City hereby covenants and agrees with the holders from time to time of
the Bonds and any bond anticipation notes issued in anticipation thereof, that the City will
faithfully observe and comply with all provisions of the Internal Revenue Code of 1986, as
amended (the "Code"), and any proposed or final regulations issued pursuant thereto unless, in
the opinion of bond counsel, such compliance is not required by the Code and regulations to
maintain the exclusion from gross income of interest on said obligations for federal income tax
purposes.

        Section 8. The validity of the bonds and bond anticipation notes may be contested
pursuant to Section 80.00 of the Local Finance Law only if: (a) such obligations are authorized
for an object or purpose for which the City is not authorized to expend money; or (b) the
provisions of the law which should be complied with at the date of publication of this Bond
Resolution are not substantially complied with, and an action, suit, or proceeding contesting such
validity is commenced within twenty (20) days after the date of such publication; or (c) such
obligations are authorized in violation of the provisions of the constitution.

        Section 9. The law firm of Trespasz & Marquardt, LLP is hereby appointed bond counsel
to the City in relation to the issuance of the Bonds.

       Section 10.    The City hereby declares it's official intent in accordance with Treasury
Regulation Section 1.150-2 that the City reasonably expects to reimburse the expenditures made
in connection with the Project from the City's Sewer Fund with the proceeds of the bonds or
noted described herein, the maximum principal amount of such obligations not to exceed
$1,310,000.




        Section 12. This Bond Resolution shall become effective immediately. The City Manager
shall cause the publishing and posting of a notice in accordance with the provisions of Section
81.00 of the Local Finance Law together with a copy of this Bond Resolution in full.

The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which
resulted as follows:

_________________________             Voting _________________________
_________________________             Voting _________________________
_________________________             Voting _________________________
_________________________             Voting _________________________
_________________________             Voting _________________________
_________________________             Voting _________________________
_________________________             Voting _________________________
_________________________             Voting _________________________
_________________________             Voting _________________________
_________________________             Voting _________________________
_________________________             Voting _________________________

      The resolution was thereupon declared duly adopted.
      *******************
Mr. Cole spoke about the resolution, stating that this was the last thing they had to do and it
would be a bond. He expected the interest rate to be 2.3.

Councilmember Neiderbach asked how many years the bond would be and Mr. Cole responded
20 years. Councilmember Neiderbach asked for an impact on the budget. Mr. Cole responded
that he believed it was about a $67,000/year increase that had been originally programmed in the


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2002 budget when they expected to begin paying the bond this year. Mr. Cole advised that this
payment comes out of the sewer treatment plant fund. In order to get the lowest interest rate,
they had to make it a general obligation bond, so they pledge that they will dip into property
taxes to pay it off if necessary but the city's intention is that the money will always come from the
sewer fund. Councilmember Neiderbach asked if this was something they could do without. Mr.
Cole explained what would be done, explaining that it has cost the city money in utilities not to
do the work that needs to be done. The project will save the city utility costs as well as solve on-
going maintenance problems.

Councilmember Bray thought that doing this work would actually save money down the road.
Mr. Cole responded he would report back to Council the most up-to-date the figures.
Councilmember Neiderbach questioned whether or not they could wait on this until they had the
figures. Assistant City Manager Kay James advised that they would miss the deadline and then
would have to wait until next March. Councilmember Fenti discussed visiting the plant and
believed that Council needs to support the resolution because the work really needed to be done.

Councilmember Rivet read a resolution and moved its adoption. Councilmember Fenti
seconded the motion, carried unanimously by roll call vote.


                                   RESOLUTION #2002-019

A RESOLUTION SPONSORING AN ENVIRONMENTAL BOND ACT APPLICATION
                     IN PARTNERSHIP WITH
           THE CANANDAIGUA LAKE WATERSHED COUNCIL


        WHEREAS, the Canandaigua Lake Watershed Council made up of publicly elected
representatives from each of the fourteen watershed and water purveying municipalities has
asked the City of Canandaigua to partner on an Environmental Bond Act application: Sucker
Brook storm water retrofit design and implementation along with uniform forestry law adoption
in the Canandaigua and Honeoye Lake watersheds; and

       WHEREAS, if successful the grant will help the city’s efforts to mitigate the impacts of
urban storm water along with instituting a uniform ordinance in the southern watershed
municipalities to better manage the watershed’s important forestry resources; and

      WHEREAS, if successful the grant will be matched by $10,000 from the City of
Canandaigua and $7,500 by the Canandaigua Lake Watershed Council;


        NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Canandaigua
that the grant application: Sucker Brook storm water retrofit design and implementation along
with uniform forestry law adoption in the Canandaigua and Honeoye Lake watersheds will be
sponsored by the City of Canandaigua.


Councilmember Young read a resolution and moved its adoption. Councilmember Rivet
seconded the motion, unanimously approved by Council.

                                   RESOLUTION #2002-020

                 A RESOLUTION URGING OUR STATE LEGISLATORS
                       TO SUPPORT ASSEMBLY BILL A. 5655
                       AND SENATE BILLS S. 2573 AND S. 4529
                          OFFERING MANDATE RELIEF


       WHEREAS, Assembly Bill A. 5655 and Senate Bill S. 2573 would amend the real
property tax law to make state-operated and voluntary-operated community residences that are
licensed by the State subject to payments in lieu of taxes (PILOTs) paid by the State; and

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        WHEREAS, data from the State Office of Mental Hygiene and Office of Mental
Retardation and Developmental Disabilities show that New York State saves more than $2
billion each year through its deinstitutionalization policies whereby care is provided in such
community residences; and

       WHEREAS, while deinstitutionalization is laudable and the savings to the State cannot
be ignored, such policies exact a high price from municipalities because community residences
owned by the state or by not-for-profit organizations are tax-exempt, resulting in a direct loss to
the municipality’s tax base; and

      WHEREAS, the fiscal impact of this bill is estimated at $14 million in property tax
payments to local governments and school districts; and

       WHEREAS, with PILOT payments, both the State and municipalities can share the
property tax burdens; and

        WHEREAS, Senate Bill S. 4529 would amend the real property tax law to provide 80%
of the lost tax revenues in a tax district as State Aid to districts where the removal of a State-
owned facility from the assessment roll results in a decrease in excess of 2.5% of the total
assessment; and

        WHEREAS, throughout our State, many localities suffer serious financial difficulties
because there is a significant decrease in their tax base due to tax-exempt State properties in their
tax districts, leading to both financial hardships on the locality and an increased property tax
burden to those citizens who live in these districts;

         NOW, THEREFORE, BE IT RESOLVED by the Canandaigua City Council that the City
Council hereby urges it State legislators to support these bills that would provide some fiscal
relief to local municipalities that host community residences and other State facilities; and

      BE IT FURTHER RESOLVED that certified copies of this Resolution shall be sent to
Assemblyman Brian Kolb and State Senator John “Randy” Kuhl, Jr.

Payment of Bills

Councilmember Bray moved payment of the following bills. Councilmember Rivet seconded the
motion, carried unanimously by roll call vote.

       Goodkind & O’Dea, Inc.              $24,730.46
       Payment #11 for Engineering Services
       Associated with the Reconstruction of North Street

       Goodkind & O’Dea, Inc.              $16,563.80
       Payment #12 for Engineering Services
       Associated with the Reconstruction of North Street

Presentation of Communications

Mayor Polimeni reported that she received a letter from David Smith, Director of the VA
Medical Center advising that the Cantwell project for housing at the VA has been turned down
by the Secretary of Veterans’ Affairs. This was the proposed plan to convert space at the VA
Medical Center to rooming units. The reason it was turned down was financial. Mr. Smith
advised that he was pursuing a partnership with Finger Lakes Community College regarding
nursing programs. Councilmember Bray said that it was important to keep the lines of
communication open regarding these type of matters.

Manager’s Report

Mr. Cole reported on lead testing, advising that 562 homes have been tested.


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Mr. Cole advised that several Councilmembers expressed interest in canceling the second
meeting in February due to it being school break.

Councilmember Rivet moved to cancel the second meeting scheduled for February 21, 2002.
Councilmember Fenti seconded the motion, unanimously approved by Council.

Miscellaneous:

Mayor Polimeni advised that Councilmember Russell had expressed interest in serving on the
joint Town/City Recreation Committee.

Councilmember Bray moved to nominate Councilmember Russell to the vacant position on the
recreation committee. Councilmember Fenti seconded the motion, unanimously approved by
Council.

Mayor Polimeni advised that there is also a vacancy on the CRDC Board for a Councilmember.
Councilmember Rivet suggested that they could discuss this in Planning Committee and then
appoint someone later in the month.

Mayor Polimeni advised that the Community Events Committee is defunct at this point. The
same people seem to serve on it, but then miss out on spending time with their own families on
those holidays. It was agreed this would be discussed in Planning Committee also.

Mayor Polimeni reported that Bruce Kennedy was recognized at the Steamboat Landing with a
retirement dinner. She discussed the many things Mr. Kennedy has done for the city and
announced that Saturday would be “Bruce Kennedy Day” in the City of Canandaigua.

Councilmember Rivet moved to adjourn at 9:27 p.m. Councilmember Hamlin seconded the
motion, unanimously approved by Council.



                                                   Laura Kay Wharmby
                                                   Clerk-Treasurer

cam




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