City of Canandaigua Council Meeting December 6, 2007

MINUTES OF THE CANANDAIGUA CITY COUNCIL MEETING

THURSDAY, DECEMBER 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

Roll Call: Members present:

Mayor Ellen Polimeni

Councilmember, Ward 1 Travis Nixon

Councilmember, Ward 2 Valentine Fenti

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

Others present:

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

Clerk-Treasurer Nancy C. Abdallah

Review Core Values: Councilmember, Ward 4 Anthony 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 November 15th. Councilmember, Ward 2 Fenti seconded the motion, unanimously approved by Council.

Recognition of Guests:

Mayor Polimeni welcomed Joel Freedman and his political science class from FLCC.

Committee Reports:

Environmental: Councilmember, Ward 1 Nixon reported the Environmental Committee did not meet in November due to budget meetings.

Ordinance: Councilmember-at-Large Henehan reported that the Ordinance Committee met on December 4th and reported the following:

§  The Ordinance Committee sandwiched and condensed its meeting this past Tuesday evening due to the necessity to complete 2008 budget deliberations—the budget talks began at 5:30 P.M., the Committee Meeting was held at 7:00 P.M., Council then resumed budget talks which were completed at about 10:30 P.M..

§  The first portion of the meeting dealt with parking issues. Residents of Prospect Street expressed concerns about the narrow width of their newly reconstructed street. After discussion, it was decided to proceed as planned with parking to be allowed only on the north side of the street.

§  A Chapin Street resident concerned about parking restrictions on a vacant lot that he purchased for that purpose will apply to the Zoning Board of Appeals for a variance.

§  Parking issues on Granger Street and Holiday Lane will be referred to the Police Chief for his safety recommendations. Concerns about parking on Bristol Court will be addressed at the January Ordinance Committee meeting after residents there have been notified and thus will have opportunity to be part of the discussion.

§  Language in the Ordinance regarding Outdoor Furnaces was briefly discussed and approved. This Ordinance will be introduced and tabled at the December 6 Council Meeting.

§  There will be a joint City/Town meeting at 7 P.M. on January 17, 2008 to discuss annexation of property on North Road which is part of a PUD consideration that is currently before the City Council.

§  Discussion of Vacant Structures in the city was tabled until the January meeting.

We then adjourned and continued budget considerations.

Planning: Councilmember, Ward 3 Russell reported that the Planning Committee did not meet in November due to budget meetings.

Finance: Councilmember-at-Large Terwilliger reported that the Finance Committee has met as a committee of the whole, working on the budget during the month of November and December. Four (4) budget workshops, two (2) wrap- up sessions and a public hearing have been held. This was a very challenging year because the proposed budget expenditure increase was only about 1.5% with over a 14% increase in property tax. The final budget reduced expenditures to about 0.7% increase with reducing capital and overtime expenditures. Property taxes will increase about 8.7% and although no one is happy with a tax increase, we feel we have reached the right balance without cutting City services and maintaining infrastructure. He thanked other 8 Councilmembers. We also have approval in water and sewer fund with a nominal increase in the rate per 1,000.

Mayor Ellen Polimeni thanked Councilmember-at-Large Terwilliger for leading us through the budget.

Youth Committee: Councilmember, Ward 2 Fenti reported that the Youth Committee did not meet in November due to budget meetings.

Bid Report: Sal Pietropaolo, Economic Development Director reported on the following:

§  Finance Report – discussed upcoming budget meeting reducing appropriation and ways to mitigate the decrease in funding

§  Promotions – Taste of The Finger Lakes showed a profit of $10,830 (20% increase over last year); negotiated a contract for the billboard on 5&20 for the next 12 months at the 2007 rate; Canandaigua Academy Choir will be caroling downtown December 22; Santa’s hours are Thursday and Friday from 6-8 pm, Saturday and Sunday from 12-4 pm, and December 23 and 24 from10-12 am

§  Recruitment/Capital Improvement – Fingerlakes Gallery and Frame completed their expansion; Simply Crepes is targeting an opening between Christmas and New Years Eve; downtown walk with Assemblyman Brian Kolb and heard from businesses

§  Capital Improvement – First Round of Main Street Grant completed, Farmers Market Pavilion construction, parking issues on Mill Street, signed snow plow contract, crosswalk by Byrne Dairy; Restore NY grant announcements will be made this month..

Resolutions:

Resolution #2007-115

Councilmember-at-Large Finch read the following resolution and moved for its adoption. Councilmember, Ward 2 Fenti seconded the motion.

A RESOLUTION TO ADOPT THE 2008 BUDGET OF THE CITY OF
CANANDAIGUA AND TO APPROPRIATE REVENUES AND EXPENDITURES
FOR PURPOSES SPECIFIED IN EACH FUND

WHEREAS, in accordance with Chapter 14 of the City Charter, the City Council of the City of Canandaigua has met and considered the City Manager's proposed budget for the 2008 fiscal year;

NOW, THEREFORE, BE IT RESOLVED that the 2008 budget, a copy of which is on file with the Clerk/Treasurer, is hereby adopted, and that the amounts set forth for each expenditure activity and revenue item be and hereby are appropriated for the purposes specified in each fund.

GENERAL FUND

Expenditures Revenues

General Government $ 1,653,510 Property Taxes $ 3,789,270

Public Safety 3,975,230 Non-Property Taxes 4,260,000

Transportation 1,174,770 Departmental Income 246,880

Economic Development 133,580 Intergovernmental Charges 711,370

Recreation & Culture 850,010 Use of Money & Property 196,430

Home & Community 596,100 Licenses & Permits 55,100

Employee Benefits 1,986,500 Fines & Forfeitures 230,500

Debt Service 1,809,380 Sale of Property/Loss Comp. 16,900

Capital 410,900 Misc. Revenues 6,700

Interfund Revenues 330,270

State & Federal Aid 1,837,170

Interfund Transfers 425,700

Total Revenues 12,106,290

Appropriated Surplus 483,690

Total Revenues and

Total Expenditures $ 12,589,980 Appropriated Surplus $ 12,589,980

WATER FUND

Expenditures Revenues

Water Treatment Plant $ 840,310 Water Charges $ 2,622,610

Water Distribution 521,350 Charges to Other Gov’ts 3,210

Undistributed Costs 367,220 Use of Money & Property 23,820

Interfund Transfers 405,000 Other Revenue 4,300

Employee Benefits 226,350 Transfers from Reserves 60,000

Debt Service 361,830 Total Revenues 2,713,940

Capital Budget 60,000 Appropriated Surplus 68,120

Total Revenues and

Total Expenditures $ 2,782,060 Appropriated Surplus $ 2,782,060

SEWER FUND

Expenditures Revenues

Sewer Collection $ 208,110 Sewer Use Charges $ 936,970

Sewage Treatment Plant 906,740 Charges to Other Gov'ts 744,390

Undistributed Costs 183,480 Use of Money & Property 38,440

Interfund Transfers 50,000 Other Revenue 1,900

Employee Benefits 168,500 Transfers from Reserves 179,950

Debt Service 318,360 Total Revenues 1,901,650

Capital Budget 305,000 Appropriated Surplus 238,540

Total Revenues and

Total Expenditures $ 2,140,190 Appropriated Surplus $ 2,140,190

TECHNOLOGY FUND

Expenditures Revenues

Personnel Services $ 3,770 City Tower Rentals $ 120,250

Equipment 15,000 Interest 2,000

Materials & Supplies 100

Contractual Services 58,100

Debt Service 45,280

Total Expenditures $ 122,250 Total Revenues $ 122,250

WATERSHED FUND

Expenditures Revenues

Personnel Services $ 58,520 Intergovernmental $ 190,100

Equipment 2,000 Use of Money & Property 5,000

Materials & Supplies 380 State & Federal Aid 168,290

Contractual Services 290,000

Employee Benefits 12,490

Total Expenditures $ 363,390 Total Revenues $ 363,390

BE IT FURTHER RESOLVED that the said budget, as adopted by the City Council of the City of Canandaigua, shall be effective for the fiscal year commencing January 1, 2008.

Motion: Councilmember-at-Large Shipley moved to add $3,000 to the General Fund Budget for General Government to be taken from Appropriated Fund Balance. Councilmember, Ward 2 Fenti seconded the motion.

Vote Result: Carried unanimously by voice vote.

Amended Budget: Vote Result: Carried unanimously (9-0) by roll call vote.

Resolution #2007-116:

Councilmember, Ward 2 Fenti read the following resolution and moved for its adoption. Councilmember, Ward 3 Russell seconded the motion.

A RESOLUTION ESTABLISHING THE 2008 TAX LEVY AMOUNT

AND AUTHORIZING THE CLERK/TREASURER

TO SPREAD AND COLLECT THE SAME

WHEREAS, the City Council of the City of Canandaigua has adopted the 2008 Budget; and

WHEREAS, said budget calls for a property tax levy of $3,610,760;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Canandaigua that the amount of $3,610,760 shall constitute a levy of the amount to be raised by taxation in 2008 for the City of Canandaigua, and a warrant to the Clerk/Treasurer to spread and extend such levy upon the current assessment tax roll, and to collect the same.

Vote Result: Carried unanimously (9-0) by roll call vote.

Resolution #2007-117:

Councilmember, Ward 4 Anthony read the following resolution and moved for its adoption. Councilmember, Ward 2 Fenti seconded the motion.

RESOLUTION AUTHORIZING COLLECTION OF COUNTY TAXES

THE PEOPLE OF THE STATE OF NEW YORK

TO: NANCY C. ABDALLAH, CLERK/TREASURER CITY OF CANANDAIGUA

GREETINGS:

You are hereby REQUIRED AND COMMANDED TO collect from the several persons and corporations named in the Assessment Roll to which this warrant is annexed, the several sums of money mentioned in the column thereof, to wit: the one marked “County Taxes” and set opposite to the name of such persons or corporations respectively, together with your fee thereon, as hereinafter provided.

Immediately upon delivery of said Roll and Warrant to you, you shall mail to each taxpayer against whom any tax shall be charged on such roll, at last known post office addresses, a statement of the amount of such tax, designating the Clerk/Treasurer’s Office in said City, as the place for receiving payment of the taxes from January 2nd to January 31st, both dates inclusive, from nine o’clock in the morning until four forty-five o’clock in the afternoon, and any person may pay her/his tax at the time and place designated.

Upon all taxes collected after January 31st, 2008 such Clerk/Treasurer shall collect one percentum: and after the expiration of said last day of February, you are to proceed and collect the unpaid taxes in the manner provided by the Statutes of the State of New York.

GIVEN UNDER THE HANDS OF THE MAYOR AND CLERK/TREASURER OF THE CITY OF CANANDAIGUA AND THE CORPORATION SEAL THEREOF THIS 6TH DAY OF DECEMBER, 2007.

Vote Result: Carried unanimously (9-0) by roll call vote.

Resolution #2007-118:

Councilmember-at-Large Shipley read the following resolution and moved for its adoption. Councilmember, Ward 2 Fenti seconded the motion.

A RESOLUTION APPROVING THE 2008 BUSINESS IMPROVEMENT DISTRICT (BID) BUDGET, ESTABLISHING THE 2008 BID CHARGE LEVY,

AND AUTHORIZING THE CLERK/TREASURER TO

SPREAD AND COLLECT THE SAME

WHEREAS, the Downtown Business Improvement District (BID) was established by the City Council on July 9, 1992 by Local Law No. 4; and

WHEREAS, the operation of the BID is governed by the provisions set forth in Article 19-A of the General Municipal Law, Section 980j of which requires that the expense incurred in the operation of the district shall be financed in accordance with the district plan upon which the establishment of the district was based, and that the district charge upon benefited real property shall be imposed as provided in the district plan; and that the charge shall be determined, levied, and collected in the same manner and at the same time and by the same officers as the general municipal taxes are levied and collected; and

WHEREAS, the proposed 2008 BID budget was accepted by the Board of Directors of the Downtown Canandaigua Business Management Association, Inc. at its meeting of December 4, 2007; and

WHEREAS, the BID’s 2008 budget, a summary of which is attached hereto, includes $26,850 in anticipated revenue to be generated by the BID charge;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Canandaigua that the proposed 2008 BID budget is hereby approved; and

BE IT FURTHER RESOLVED that the amount of $26,850 shall constitute a levy of the amount to be raised by the district charge, and a warrant to the Clerk/Treasurer to spread and extend such levy upon the properties in the Business Improvement District in accordance with the district plan, and to collect the same.

Vote Result: Carried unanimously (8-0) by roll call vote with Councilmember-at-Large Henehan abstaining.

Resolution #2007-119:

Councilmember, Ward 1 Nixon read the following resolution and moved for its adoption. Councilmember, Ward 2 Fenti seconded the motion.

A RESOLUTION ESTABLISHING THE 2008 WATER RATES
FOR THE CITY OF CANANDAIGUA

WHEREAS, the City Council has adopted the 2008 Operating Budget for the Water Fund; and

WHEREAS, the Water Fund Budget calls for an increase in the water rates in order to meet the financial requirements of the Water Fund in 2008; and

WHEREAS, the City of Canandaigua sells water to residential and commercial water customers within the City and by contract to several town water districts;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Canandaigua that the water rates charged for residential and commercial water customers within the City be increased to $2.57 per 1,000 gallons of water with a minimum quarterly charge of $28.78, that the water rate charged for suburban customers be increased to $3.73 per 1,000 gallons of water with a minimum quarterly charge of $41.78, and that said rates shall be in effect for all water consumption billed on or after January 1, 2008.

Vote Result: Carried unanimously (9-0) by roll call vote.

Resolution #2007-120:

Councilmember-at-Large Henehan read the following resolution and moved for its adoption. Councilmember, Ward 2 Fenti seconded the motion.

A RESOLUTION AUTHORIZING THE CITY MANAGER

TO ENTER INTO CONTRACTS WITH SELECTED OUTSIDE AGENCIES

AS APPROVED IN THE 2008 BUDGET

WHEREAS, the organizations on the attached list have agreed to administer and provide individual or group programs for the citizens of the Canandaigua area; and