HELD THURSDAY, NOVEMBER 2, 2000, AT CITY HALL

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

Also Present: Corporation Counsel Scott Smith, City Manager Stephen C. Cole, Deputy Clerk-
              Treasurer Carol Jensen

Absent:       Clerk-Treasurer Laura K. Wharmby

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

Councilmember Reed moved acceptance of the Minutes of the October 19, 2000 Council
Meeting. Councilmember Bray seconded the motion, carried unanimously by Council.

Recognition of Guests

Carol Bennett and her son, Jared, were present to personally thank Officer Jeff Cook of the
Canandaigua Police Department for saving Jared’s life on October 18th. Officer Cook was the
D.A.R.E. officer at the school and used the Heimelich maneuver on Jared when he was choking.
Mrs. Nancy Yacci, the school nurse, was also present and thanked by Mrs. Bennett and Jared for
her assistance.

Committee Reports:

Councilmember Reed reported that the Ordinance Committee met on October 24th and discussed
downtown regulations, in particular old ordinances that prohibited rollerblades, skateboarding,
etc. on downtown sidewalks. The committee decided not to prohibit the use of these items
downtown. Ordinances from the Villages of Fairport and Brockport were discussed and
Councilmember Reed requested that the City Manager contact these villages for copies of the
ordinances. The committee also discussed vending regulations, which is a pending item.
They discussed the possibility of licensing cats and enforcing a stray cat ordinance. The
committee decided not to create such an ordinance, feeling it would be difficult to enforce.
They had an update on backyard composting. The committee 4-0 recommended establishing a
Shade Tree Advisory Committee to approve the removal of trees. The committee suggested
that they report to the Environmental Committee. They discussed the traffic light at South Pearl
and Parrish Streets, Gorham Street parking and the ability of perhaps allowing U-turns on North
Main Street. The next meeting will be held on December 5th.

Mayor Polimeni advised that two City residents have volunteered to serve on the Shade Tree
Advisory Committee.     Anyone else who is interested can contact Mayor Polimeni.

Councilmember Baker reported that the Finance Committee met on October 30 and began the
budget review process. The committee will meet again this Saturday at 8:30 a.m.

Councilmember Fiorentino reported that the Planning Committee met on October 26th after the
Youth Summit at the Downtown Arts Center. The committee discussed the subdivision of the
Rosepark Hotel parcel and will discuss that later on the agenda. They also discussed the
findings of the Comprehensive Plan Review Committee and the findings were that the plan
should be revised. The youth summit was very constructive and positive. The next meeting
will have to be rescheduled as it falls on Thanksgiving.

Councilmember Rivet reported that the Environmental Committee will not meet in November,
but will meet in December.

Councilmember Bray reported that the Joint Town/City Recreation Committee hopes to meet in

Councilmember Fiorentino read a resolution and moved its adoption. Councilmember Baker
seconded the motion, carried by roll call vote with Councilmembers Neiderbach, Russell, Rivet
and Bray opposing it.

                              A FENCE BETWEEN THE ROSEPARK RESIDENTIAL
                              SUBDIVISION AND LAKEFRONT PARK

       WHEREAS, the Rosepark residential subdivision is within a Planned Unit Development
       (PUD) district and therefore regulated by Chapter 10.48 of the Municipal Code; and

       WHEREAS, per Chapter 10.48 the location, height, construction type, and architectural
       style of all improvements within the PUD must be approved by the City Council; and

       WHEREAS, the representatives of the Rosepark Homeowners Association have
       submitted plans for a fence to be located along the western property line of the
       subdivision, adjacent to Lakefront Park; and

       WHEREAS, the Planning Committee has recommended that the Council approve the
       fence as submitted by the applicants;

       NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
       Canandaigua, that the proposed fence within the Rosepark PUD is hereby approved, as

       The location of the fence shall be adjacent to the western boundary line between the
       subdivision and the park, approximately three to four feet east of the boundary line and
       approximately two feet west of the existing and proposed plantings, as shown on the
       plans submitted.
       The most southerly twelve feet of the fence, beginning at near the existing breakwall and
       extending to the south of that wall overhanging the lake for approximately one foot, and
       extending to the north approximately eleven feet, shall be a cedar board fence, five feet
       high as measured at grade level, with a natural finish.
       The remainder of the fence, extending approximately 143 feet to the north and thence
       approximately 133 feet northwest, shall be a split rail fence, approximately three feet high
       at the top rail, the wood to be left untreated, and with a gate at the location shown on the

Mayor Polimeni pointed out that this was not dealt with at the last meeting because some
residents of Rosepark were present and said that they were not aware of this. Council wanted to
wait until after the Rosepark Board meeting before making a decision.

Councilmember Russell advised that he plans to oppose this resolution because he does not want
to see fences along the lakefront again. He pointed out that ten years ago Council was looking at
doing away with the fence at Kershaw Park. Councilmember Russell suggested natural
aggressive shrubbery being planted that would act as a barrier. Councilmembers Bray, Rivet
and Neiderbach agreed with Councilmember Russell, and thought the idea of natural vegetation
was a good resolution to the problem.

Councilmember Seager pointed out that people have the right to put a fence on privately owned
property. Councilmember Baker was in support of the resolution stating that it is private
property. Councilmember Reed expressed that he was in favor of the resolution.

Councilmember Seager read a resolution and moved its adoption. Councilmember Baker
seconded the motion.

                             PLAN COMMITTEE

       WHEREAS, the City of Canandaigua recognizes that planning for the immediate and
       long-range protection, enhancement, growth and development of the city is an important
       element in ensuring the public health, safety and general welfare of its citizens; and

       WHEREAS, the City Council of the City of Canandaigua adopted a comprehensive plan
       in 1993; and

       WHEREAS, a duly appointed committee has carefully reviewed this document and
       recommended that the comprehensive plan be revised; and

       WHEREAS, the City Council of the City of Canandaigua accepts these findings and
       desires to revise the City of Canandaigua Comprehensive Plan; and

       WHEREAS, the City Council desires to appoint a special board to prepare a proposed
       comprehensive plan and recommend such proposed plan to the City Council for review in
       accordance with General City Law section 28-a;

       NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
       Canandaigua that the following individuals are appointed to the Comprehensive Plan

       Jean Baldick
       Meg Ewing
       Jeff Fargo
       Val Fenti
       Sarah Hamlin
       David Hanlon
       Chris Henehan
       Bryan Meyer
       Lynn Paulson
       John P. Thompson
       Peter Taft
       Laura Tucker

       Representing the Office of Development and Planning shall be: Richard Brown
       Representing the City Manager shall be: Kay James
       Representing the Planning Commission shall be: Horst Englebrecht
       Representing the Zoning Board of Appeals shall be: Keith Young
       Representing the City Council shall be: Marshall Seager

Mr. Cole recommended that Council table this resolution stating that there have been some
changes with State law and that Corporation Counsel has concluded after researching, that there
are some things that need to be worked out first before passing this resolution. Hopefully the
resolution can be presented again at the next meeting.

Councilmember Seager withdrew his motion to adopt, and Councilmember Baker removed his
motion to second.

Councilmember Seager moved to table Resolution #2000-115. Councilmember Baker seconded
the motion, carried unanimously by Council.

Mayor Polimeni thanked all those who have worked on this so far, as many of the committee
members were present in the audience.

Councilmember Bray mentioned that it had been discussed previously that someone from the
Town of Canandaigua be added to this committee. Mr. Bray thought this was a good idea and
that it is important to have the Town involved. Mayor Polimeni agreed. Councilmember

Seager pointed out that Jeff Fargo is a resident of the town so there is some representation from
the Town of Canandaigua.

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

Resolution #2000-116:         A RESOLUTION SETTING THE TIME AND PLACE OF A
                              PUBLIC HEARING ON THE CITY OF CANANDAIGUA’S
                              PROPOSED 2001-2002 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 2001-2002
       budget to the members of the City Council; and

       WHEREAS, the adoption of the 2001 budget by the City Council is scheduled for
       December7, 2000;

       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 16, 2000.

Mayor Polimeni pointed out that this would be a call–in show so residents can call with

Councilmember Bray asked if the proposed budget would be available on line. Mr. Cole
responded that it would be on the City’s web site and that copies would also be available at City
Hall, and Wood Library.

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

                                MUTUAL HOOK & LADDER COMPANY

       WHEREAS, the City Council has received an application from the Mutual Hook &
       Ladder Company for appointment of Shawn Rose to said Company; and

       WHEREAS, the application has been reviewed and recommended by Fire Chief Ted

       NOW, THEREFORE, BE IT RESOLVED, that Shawn Rose is hereby appointed as a
       member of the Mutual Hook & Ladder Company.


Councilmember Reed said that Ordinance #2000-014 should remain on the table. Mr. Cole
replied that in order to have the speed zone, it has to have a supervised crosswalk. Until they
find a way to meet that requirement, this will remain tabled. Councilmember Neiderbach asked
if it is possible to have a volunteer supervise the crosswalk. Corporation Counsel Smith said
that he was not sure, it may be possible. This is something that they can talk to the school
district about.

Payment of Bills:

Councilmember Baker moved payment of the following bill. Councilmember Fiorentino
seconded the motion, carried unanimously by roll call vote.

       Thornton Engineering LLP                     $ 2,065.00
       Invoice #2 for Efforts Associated with the Preparation
       of Contract Documents/Bidding Phase
       for Water Distribution System Improvements


Mayor Polimeni reported that all Councilmembers received a letter from the downtown
merchants in the Administrative Report.

Mayor Polimeni discussed placement of a sculpture by the Millennium Committee. She asked
the City Manager to pass that along to all Councilmembers in the Administrative Report.

Manager’s Report:

Mr. Cole reported that Chrisanntha Construction asked for permission to locate its horse statue
in the City at Triangle Park. Mr. Cole said that he didn’t think there would be a problem with
that. Councilmember Seager asked what size it was and Mr. Cole responded that it was a full
sized horse. Councilmember Reed mentioned that there have been a couple of accidents
against that stone monument that is there. He thought that the relocation of that may have
taken care of that problem. Councilmember Bray asked to see some sort of plan or design for
this. Mr. Cole responded this would be done.

Mr. Cole reported that there were no unusual problems on Halloween night and he thanked the
Chief of Police and the police force. Mayor Polimeni pointed out that the schools did a god job
getting the message across to the kids.

Mr. Cole advised that Santa Claus and his house would be at the Mini-Park on Thanksgiving
weekend, and that Santa would have a police escort that morning.


There was a discussion on the request to subdivide the remaining Rosepark parcel. Kay James
was present and discussed the subdivision stating that the Planned Unit Development District
was formed in 1994, and that City Council oversees all approval The original plan was for a
restaurant, conference center and four or five-story hotel. The current developer submitted
sketches of his plans, but little other information is available. The developer indicated that he
didn’t want to spend the money to do the plans. Mr. Cole said that a decision does not have to
be made this evening. Councilmember Seager said that he would have a hard time approving
this without some plans. Councilmember Baker said that he is in favor of the hotel, but the City
requires all other developers to follow certain rules and that it is only fair that this one follows
them also.

Councilmember Bray said that he would rather see a two-story hotel as opposed to four-story
that would block the view of the lake. He also discussed the parking lot that will be there and
thought they need to look at the design of this very hard. He pointed out that there are
objections to a parking lot on Main Street for the TOPS project, yet they are looking at putting a
parking lot next to another parking lot on the lakefront.

Councilmember Reed said that he would like to see staff develop some plans for the vacant
parcel, whether the hotel gets expanded, Rosepark wants to expand there, or whether the City
may decide to use it to expand its park area.

Councilmember Neiderbach stated that he was concerned about a four-story structure and said
that the land in question is very narrow and it would overpower the parcel.

John Waugh, Rosepark resident, spoke and said that he was opposed to a four-story hotel.

Chris Henehan of Canandaigua spoke in opposition to a four-story hotel.

Jeff Fargo of Boyce Canandaigua said that he would not focus on the plan for a four-story
building, but to look at the entire lakefront area and how this fits. Mr. Fargo said that soon he
will be meeting with City officials about his plans for the Boyce property on the lake. He
thinks that any decent developer with serious plans for development will come forward with

Mayor Polimeni pointed out that any meetings with the developer would be open to the public.
Mayor Polimeni stated that it was the consensus of the Council that they want to see plans. She
asked Mr. Cole to relay this message to the developer.

Councilmember Baker said that there is a rumor going around that Labelon has left
Canandaigua. This is totally false. Labelon still has its corporate office and a manufacturing
site in the City of Canandaigua. They have moved one person and that somehow started a

Councilmember Bray discussed the railroad property on Ontario Street, stating that Valerie
Knoblauch had pointed out in a letter that if anyone else kept their property that way, the City
would get after them to clean it up. Mayor Polimeni advised that the railroad has been
contacted to do this.

Councilmember Neiderbach asked Mr. Cole if he knew what year, lead pipes were discontinued
in street reconstruction in the City. Mr. Cole did not know, but said he would find out.

Mayor Polimeni asked Councilmembers if there were any other restrictions, etc. they would like
to see downtown. It was her understanding that most Councilmembers were not in favor of
prohibiting skateboards, etc. Councilmember Baker said that he did not see that as a solution to
the problems downtown. He saw the solution as being to have a beat cop downtown.

Mayor Polimeni asked Mr. Cole how things have been downtown in the last couple of weeks and
he said that everyone thinks things are better. However, the weather has gotten colder and
school has started.

Councilmember Baker said that he hoped that there was a plan to deal with the harassment of
Santa and the destruction to Santa’s house this year. Mayor Polimeni said she thought that
there are some things being done downtown that are yielding some results. Pete Vandenberg
spoke briefly about some things being done. Mayor Polimeni said that some people have signed
up to work as a group on some of the issues. This will be turned over to the BID.

Councilmember Fiorentino said that everyone downtown has a right to be there and one of the
key issues is communication between the different groups. Hopefully, they will all respect each
other with the help of all that is being done.

Councilmember Bray said that the worst thing they can do is to ignore it if things start to quiet
down, and then the same thing will happen next year. They need to talk to landlords, and work
hard on getting the different groups together to discuss problems.

There was some discussion about the problem with stray cats and a home on Prospect Street
where there were dozens of them. Councilmember Reed said that currently there is no law to
pick up cats. The only thing that you can do with a stray cat is to pick them up and then
euthanize them if they are not claimed by their owners. Councilmember Seager felt that there are
enough ordinances already without having one to do with stray cats. Councilmember Baker said
that he asked Councilmember Reed to put this on the Ordinance Committee agenda due to a
phone call he received from a resident.. Councilmember Baker apologized publicly to the
woman who called him and said he did not call her back because he lost her phone number.

Councilmember Reed moved to adjourn at 9:00 p.m. Councilmember Seager seconded the
motion, unanimously approved by Council.


      Kay Wharmby


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