City of Canandaigua Council Meeting September 6, 2007

MINUTES OF THE CANANDAIGUA CITY COUNCIL MEETING

THURSDAY, SEPTEMBER 6, 2007, 7:00 P.M.

City Council Chambers

City Website: canandaiguanewyork.gov

Mayor Polimeni called the meeting to order at 7:00 p.m.

Pledge of Allegiance

Mayor Polimeni welcomed Kay James, Acting City Manager in her first official meeting in the absence of Stephen Cole. The Mayor stated that we are confident that Stephen will return to his position as City Manager. She did see him yesterday and saw real improvements in him. Today there was a blood drive at the fire hall from 2-7 in his honor because Stephen was a dedicated blood donor. The Target Goal was 30 and had at least 70 donors.

Public Hearing: Ordinance #2007-017: An Ordinance Amending the Zoning Ordinance of the City of Canandaigua relative to “A-Frame” signs.

Mayor Polimeni called the hearing to order at 7:05 p.m. No one was present to speak to this ordinance and Mayor Polimeni declared the public hearing closed at 7:05 p.m.

Public Hearing: Ordinance #2007-018: An Ordinance Amending the Zoning Ordinance of the City of Canandaigua, Article V: Establishments of Zone Districts. This Ordinance would rezone 59 Buffalo Street from R-1B single family to M-1 manufacturing.

Mayor Polimeni called the hearing to order at 7:06 p.m.

Robert Matson, representing GateHouse Media stated that he is not an attorney or a principal decision maker for GateHouse Media but has a vested interest as a long-term employee of the paper. He said that it would be in the best interest of the paper and the City for GateHouse to acquire this property, which is next to the Daily Messenger. He spoke about GateHouse Media, who acquired the family owned Messenger Post News in January, and described it as an aggressive company. At the same time they acquired the Messenger, they also acquired a competing newspaper. They are very decisive company and looked at consolidating facilities after the purchases and they continue to do what is needed. They acquired a press facility on Brickyard road only minutes from the Buffalo Street facility. Since they have two facilities in such close proximity, it would be prudent to purchase 59 Buffalo Street to allow for possible expansion so they could sell the Brickyard Road facility. He stated that at this time no plans exist and if and when they do they still are subject to City review. Mr. Matson stated that the paper has proven itself to be a very good neighbor.

Many residents of Buffalo Street were in attendance and Mike Linse, Gregory Rheude, Sr., Susan Quayle, and Michael Lada voiced many concerns to the Council.

Those concerns include:

·  GateHouse Media Corporation just bought the paper within the last year and this is just what many residents feared when a family owned paper is bought by an out of state corporation.

·  Residential communities are not lost to manufacturing and commercial development all at once but lost one home at a time. The City needs to address this now before two or three properties have been sold and the residents have fled.

·  This is a single request for a single property however other property owners on Buffalo St. and Perry Place have been approached by the sellers real estate agent saying that he was asked by the realtors of GateHouse to inquire about others who may be interested in selling their property.

·  We do not know what the ‘Master Plan’ is in regards to any proposed expansion and therefore any zoning changes should be done in the context of a much bigger picture.

·  The City mailed out a very nice brochure outlining its vision and values and we can’t see where this proposal of replacing residential with commercial/manufacturing fits within the vision for Canandaigua.

·  Many were concerned about how any expansion would affect future property values.

·  There were also concerns about the increased traffic from trucks and cars on an already busy street.

Michelle Cuthbertson, owner of 59 Buffalo Street spoke about their desire to sell the property. They have lived in the house for 11 years and respect all who spoke tonight and indicated that the neighbors have all been great. Their family is growing and the two-bedroom house is not big enough for them and they need to move. Their house has been on the market for two years and the only offer they have received is from GateHouse. When the parking lot went in behind them years ago, privacy fences were put up to help keep the privacy for the residents and she feels confident that whatever the paper does in the future will be done with the residents in mind to minimize any problems.

Robert Matson responded to some of the comments made and said that he was unaware of any real estate agent working to solicit more properties. They feel that if they could not acquire this property it would be a lost opportunity for options in the future that would further root the company in Canandaigua. He also wanted to point out that GateHouse Media is based in Fairport NY, which is good for keeping business in NY.

Mayor Polimeni declared the public hearing closed at 7:25 p.m.

Regular Meeting:

Roll Call: Members present:

Mayor Ellen Polimeni

Councilmember, Ward 1 Travis Nixon

Councilmember, Ward 3 Richard Russell

Councilmember, Ward 4 Margery Anthony

Councilmember-at-Large Christine Henehan

Councilmember-at-Large Michael Shipley

Councilmember-at-Large James Terwilliger

Councilmember-at-Large Doug Finch

Members Absent:

Councilmember, Ward 2 Valentine Fenti

Others present:

Acting City Manager Kay W. James
Corporation Counsel Michele O. Smith

Clerk-Treasurer Nancy C. Abdallah

Mayor Polimeni stated that Councilmember, Ward 2 Fenti was not here tonight due to a family event.

Review Core Values: Councilmember-at-Large Finch read the Community Core Values: As residents, city staff and appointed & elected officials of the City of Canandaigua, our decisions and actions will be guided by these core values: Responsive, Participatory Governance; Caring; Integrity; Heritage; Stewardship; and Continuous Improvement.

Approval of Minutes: Councilmember-at-Large Shipley moved approval of the Council Minutes of August 2, 2007. Councilmember, Ward 1 Nixon seconded the motion.

Vote Result: Carried unanimously.

Councilmember-at-Large Shipley moved approval of the Council Minutes of August 13, 2007. Councilmember, Ward 1 Nixon seconded the motion.

Vote Result: Carried unanimously.

Recognition of Guests:

·  Representatives of the Red Cross presented the banner from the Red Cross Blood drive held in honor of Stephen Cole. They reported that 78 people showed up to give blood and over 80 units of blood were collected. They stated that usually this total is achieved after two days of a blood drive and this support showed what a caring community Canandaigua is. Those that gave blood signed the banner that will be given to Stephen and his family.

·  Mayor Polimeni recognized Boy Scout Seth Reed from Troop 30 who is working on his Community Service Badge.

Committee Reports:

Environmental: Councilmember, Ward 1 Nixon reported the Environmental Committee met on August 30th and submitted the following report:

1.  The Committee heard about and approved many special events and most of those are on tonight’s agenda for full Council approval. Those events were;

- Scout Troop 32’s chicken BBQ September 2nd at First Niagara Bank

- Lights over Canandaigua, fireworks, boat parade and music at the Kershew Gazebo over the Labor Day weekend

- Dungan Street Block Party on September 2nd

- Howell Street Block Party on September 8th, from 4-12pm

- Skateboard Competition at Jefferson Skate Park on September 14th from 3-7pm

- Freedom Walk on September 11th at 5pm at the VA

- 9/11 Memorial Program on September 11th, starting at the Commons at 6:30pm and preceding up Main Street to the American Legion

- Canandaigua Lake 50 Mile Relay and Ultra Marathon, on October 6th, from 7am-7pm starting at FLCC and passing through the City

- Trick or Treat BMX Jam on October 27th at 6:30pm on Beeman Street

- Canandaigua Academy Homecoming Parade on September 29th from Howell Street to Fort Hill Ave at 12pm

The events were unanimously moved for approval.

2.  The Committee and Council Members reviewed a proposal from Verizon Wireless to erect a second tower at Waste Water Treatment plant to meet their coverage needs. The discussion touched on such things as services to residents, aesthetics, updating and merging with the existing tower, the load at our other tower site and the need to expand that soon, visibility of a larger tower and the ability to camouflage the tower. The Committee unanimously moved to allow discussions of erecting of a second tower at the site, that does not mean that one would be erected, only that staff can negotiate and explore the idea.

3.  The Committee unanimously moved the SEQR for rezoning 59 Buffalo Street for Council approval.

4.  Public Works Director Lou Loy updated the Council and Committee on the Inflow and Infiltration Study. The Council needs to award a contract for the second and third phases of the study. The phases include televising the entire sanitary sewer network to check for roots and breaks, and to do flow monitoring on the pipes. The cost would include the City buying 4 flow monitors rather than leasing, or being charged by the engineering company for using theirs. 3 of the 4 would immediately after the study, be used at the wastewater treatment plant. The fourth would be held in reserve for future use. We would also do the televising ourselves at a cheaper rate. The current sewer budget includes the cost of the study and the only additional cost would be the flow monitors, which we need to purchase in the future anyway. The Committee unanimously moved to award Hunt Engineers with Phase 2 and 3 of the study.

5.  Kevin Olvany of the Watershed Alliance met with the Committee and Council in Executive Session to discuss property acquisition for the joint City/School/Constellation Brands storm water project at the Primary School.

Finance: Councilmember-at-Large Terwilliger reported that the Finance Committee met August 28th and submitted the following report:

  1. Official Designation of a New Financial Institution

City Clerk/Treasurer Abdallah proposed adding a 6th financial institution to the City's list of authorized depositories -- First Niagara Commercial Bank. The maximum limit was proposed to be $3.5million.

Committee APPROVED 4:0 to recommend this change to City Council in the form of a resolution.

  1. Second Quarter Budget Report

City Clerk/Treasurer Abdallah presented the second-quarter 2007 budget report for the general, water, and sewer funds. The report format was upgraded to a much-easier-to-read-and-interpret summary document and contained 3-year comparison graphs, tables, and explanation narratives. All major 2007 year-to-date revenue and cost streams appear to be consistent with past years and with budget estimates. The one possible exception is sales tax revenues which appear to be under-running budget by no more than 4%. Additional experience is necessary with the new County-wide formula before drawing a conclusion. Estimated worst case will result in 2007 sales-tax revenues up by about $400,000 in 2007 vs. a budgeted increase of about $550,000.

Committee ACCEPTED 4:0 the second-quarter report and thanked City Clerk/Treasurer Abdallah for her timeliness in reporting and for streamlining the format. The third-quarter report is expected to be ready for Finance Committee to review at its October meeting.

  1. Tow Truck Fee Schedule

Police Chief McCarthy reviewed a proposed change in the City's fee schedule allowed tow companies on the City's rotational tow list for towing services within the City. The proposed schedule is consistent, where appropriate, with Ontario County's fee schedule.

Committee APPROVED 4:0 to recommend the proposed schedule to City Council in the form of a resolution.

  1. Vehicle for Public Works Coordinator

Acting City Manager James proposed that the City purchase a pickup truck from state bid for the soon-to-be-filled Coordinator of Public Works position. It was pointed out that providing such a vehicle is standard for key DPW supervisors. A truck previously used for an equivalent position was deadlined and auctioned in 2005. James noted that this purchase would have no impact on the 2007 budget. Budgeted but unspent salary and benefits dollars for the Coordinator position for the first 8 months of the year will more than offset the cost of the purchase.

Committee APPROVED 4:0 to recommend the proposed purchase to City Council in the form of a resolution.

  1. Police Generator Contract Change Order

Police Chief McCarthy reviewed the need for additional work associated with the police generator project. This is driven by unanticipated corrosion in the electric service panels. The proposal will authorize a change order with the contractor who is replacing the emergency generator. The funding for this change will be taken from the remaining budget for the Police Station roof, which was funded through a bond.

Committee APPROVED 4:0 to recommend the change order to City Council in the form of a resolution.

  1. School Resource Officer - MOU with School District

Acting City Manager James and Police Chief McCarthy reviewed a draft of an updated agreement for the 2007-2008 school year for the School Resource Officer position/program. Some additional changes to the draft were discussed, and James and McCarthy were given the go-ahead to negotiate these changes with the School District. Subsequently, the School Board authorized the Superintendent and Board President to execute the agreement with the City.