City of Canandaigua Council Meeting December 17, 2009
MINUTES OF THE CANANDAIGUA CITY COUNCIL MEETING
THURSDAY, DECEMBER 17, 2009, 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 David Whitcomb
Councilmember, Ward 2 Valentine Fenti
Councilmember, Ward 3 Richard Russell
Councilmember, Ward 4 Margery Anthony
Councilmember-at-Large Trudy White-Hamilton
Councilmember-at-Large Michael Shipley
Councilmember-at-Large James Terwilliger
Councilmember-at-Large Doug Finch
Others present:
City Manager Kay W. James
Corporation Counsel Michele O. Smith
Clerk-Treasurer Nancy C. Abdallah
Review Core Values: All Councilmembers 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 & Respect; Integrity; Heritage; Stewardship; and Continuous Improvement.
Approval of Minutes: Councilmember-at-Large Shipley moved approval of the Council Minutes of November 19, 2009 and December 3, 2009. Councilmember, Ward 2 Fenti seconded the motion.
Vote Result: Carried unanimously by voice vote.
Recognition of Guests:
· Music students from Canandaigua Academy performed for the Council
Committee Reports:
Environmental: Councilmember, Ward 3 Russell reported that the Environmental Committee has met on December 8th and discussed the following:
· Special Events
· Report on Lawn Chemical Discussion
· Consultant proposal for RBC Design solution
· Two Change Orders for the Wastewater Holding Tank
· Priority Services Agreement with Ontario County
Ordinance: Councilmember, Ward 4 Anthony reported that the Ordinance Committee has met on December 15th and discussed the following:
· Garden St. and West Ave. Rezoning request
· BID award for construction of concrete walls
· Subcontract with Cheshire VFD
· Solid Waste Ordinance
· Landlord Notification
Planning Councilmember, Ward 2 Fenti reported that the Planning Committee has not met since the last Council Meeting.
Planned Unit Development (PUD): Councilmember, Ward 2 Fenti reported that the PUD Review Committee met on December 10th and discussed the following:
· Public Hearing on Steamboat Landing Hotel/Conference Center- Final Site Plan-Phase 1
· Lakefront Redevelopment Project –Reviewed the revised sketch plan.
· Steamboat Landing Hotel/Conference Center – Final Site Plan-Phase 1 and Eminent Domain contract with Outside Counsel.
Finance: Councilmember-at-Large Terwilliger reported that the Finance Committee has not met since the last Council Meeting.
Youth Committee: Councilmember-at-Large White-Hamilton reported that the Youth will be shoveling snow for the handicapped and elderly and still working on the details.
BID Report: Sal Pietropaolo, BID Director reported gave a report on projects and promotions in the BID as well as economic development in the City of Canandaigua.
Resolutions:
Resolution #2009-161:
Councilmember, Ward 1 Whitcomb read the following Resolution and moved for its adoption. Councilmember, Ward 2 Fenti seconded the motion.
RESOLUTION OF CITY COUNCIL MAKING ITS DETERMINATION AND FINDINGS PURSUANT TO ARTICLE 2 OF NEW YORK EMINENT DOMAIN PROCEDURE LAW REGARDING PROPOSED ACQUISITION OF REAL PROPERTY FOR THE EXTENSION OF AN EXISTING WATERFRONT PARK, CREATION OF AN ADJACENT PARKING LOT AND GREEN-SPACE BUFFER TO RESIDENTIAL AREA
WHEREAS, by Resolution#2009-101 the Canandaigua City Council initiated eminent domain procedures in order to implement and allow process for the orderly acquisition of the real property at 215 Lakeshore Drive, Canandaigua, NY, 14424 (Tax Map #098.007-01-001.011); and
WHEREAS, On November 16, 2009, after giving due public notice and proper notice to the present property owner, the City Council conducted a public hearing in accordance with the provisions of Article 2 of the Eminent Domain Procedure Law (EDPL) in order, among other things, to inform the public, to solicit comments from the public, and to review the intended public use, benefit or purpose of the proposed acquisition and the general effect of the proposed acquisition on the environment and the residents of the locality; and
WHEREAS, pursuant to the EDPL, it is incumbent upon the City Council, within ninety (90) days after the conclusion of the public hearing to make its determination and findings concerning the proposed public project, and the acquisition of real property therefore, and to publish a brief synopsis of such determinations and findings in at least two successive issues of the official newspaper.
NOW, THEREFORE, BE IT RESOLVED, The Canandaigua City Council hereby adopts the Determination and Findings (attached hereto) pursuant to Section 203 of the Eminent Domain Procedure Law and requires a synopsis of the Determinations and Findings be published in accordance with the Eminent Domain Procedure Law; and
BE IT FURTHER RESOLVED, that the City Manager is authorized to proceed as per the procedures set forth in the Eminent Domain Procedure Law with prior approval of the City Council.
Discussion: Councilmember, Ward 3 Russell read a letter from Tom Reho in opposition to the eminent domain and responded to the determination and findings.
Discussion Audio: Resolution 2009-161
Vote Result: Carried (6-3) by roll call vote with Russell, Anthony and White-Hamilton voting against.
Resolution #2009-169:
Councilmember, Ward 3 Russell read the following Resolution and moved for its adoption. Fenti seconded the motion.
A RESOLUTION ADOPTING AN INTEGRATED
PEST MANAGEMENT POLICY
FOR ALL CITY- MAINTAINED PROPERTY
WHEREAS, the Environmental Committee of the City Council has spent several months studying the use of “lawn chemicals” (chemical fertilizers and herbicides) by the City of Canandaigua on City-maintained properties; and
WHEREAS, the Committee, at its meeting held December 8, 2009, recommended that the City eliminate the use of all phosphorus-containing fertilizers on City-maintained property, except for newly established turf and lawn areas during the first growing season or on land where there is a demonstrated phosphorus deficiency, as shown by a soil test; and
WHEREAS, an Integrated Pest Management Policy has been developed by and implemented by the City’s Parks Maintenance Supervisor;
NOW, THEREFORE, BE IT RESOLVED, by the Canandaigua City Council that the City of Canandaigua hereby adopts the attached Integrated Pest Management Policy for all City-maintained property.
Motion: Councilmember-at-Large Terwilliger moved that thus resolution be tabled until Kevin Olvany, Chris Dorn and Russ Welser (Cornell Cooperative Extension) can come up with a proposal. Councilmember, Ward 1 Whitcomb seconded the motion.
Vote Result: Failed (2-7) by roll call vote with Whitcomb and Terwilliger voting for.
Resolution: Vote Result: Carried (6-3) by roll call vote with Whitcomb, Terwilliger and White-Hamilton voting against.
Resolution #2009-170:
Councilmember-at-Large White-Hamilton read the following Resolution and moved for its adoption. Councilmember, Ward 2 Fenti seconded the motion.
A RESOLUTION AUTHORIZING THE SUBMITTAL OF A
COMMUNITY DEVELOPMENT BLOCK GRANT
FOR THOMPSON APARTMENTS PHASE II
WHEREAS, PathStone Corporation is proposing a 28 unit expansion of its senior community at 120 North Main Street, known as Thompson Apartments Phase II, that will include both new construction and the renovation of the existing Carriage House and Quarantine Building for seniors 55 years of age and older (the “Project”), and
WHEREAS, the City of Canandaigua Council recognizes the need for affordable senior housing in the City, and
WHEREAS, the City Planning Commission has issued a conditional Special Use Permit for the creation of Senior Housing at this site, and
NOW, THEREFORE, BE IT RESOLVED:
1. The Canandaigua City Council does hereby strongly support the proposal and application of PathStone for funding to the New York State Division of Housing and Community Renewal (DHCR) for the Project in order to provide it as affordable housing for senior citizens, and
2. The Canandaigua City Council authorizes and directs the City Manager to submit a Community Development Block Grant application to the New York State Office of Community Renewal to fund infrastructure improvements associated with the Project.
Vote Result: Carried unanimously (9-0) by roll call vote
Resolution #2009-171:
Councilmember-at-Large Finch read the following Resolution and moved for its adoption. Councilmember, Ward 2 Fenti seconded the motion.
A RESOLUTION TO AWARD A CONSTRUCTION CONTRACT TO BUILD CONCRETE WALLS AT THE WASTE WATER TREATMENT FACILITY AND AT THE POLICE DEPARTMENT
WHEREAS, the need exists to modify the existing chlorine contact tank at the Waste Water Treatment Facility and to construct safety retaining walls along the Police Department Parking Lot; and
WHEREAS, bids were opened on December 10, 2009 with the lowest responsive bid being submitted by FG Rayburn Mason Contractors, Inc.; and
WHEREAS, the most responsive bid includes the amount of $50,329.00 for the improvements at the Waste Water Treatment Facility and $47,194.00 for work to be completed at the Police Department; and
WHEREAS, funding for this project is included in the 2009 Sewer Capital Fund Budget and the issuance of the Serial Bond per Resolution #2009-057; and
WHEREAS, utilizing funds from the Waste Water Treatment Facility Reserve Fund was discussed and approved at the Ordinance Committee Meeting on December 15, 2009; and
WHEREAS, the City Manager and the Director of Public Works recommend contract approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute a contract with FG Rayburn Mason Contractors, Inc., 2791 Routes 5 & 20, Canandaigua, New York 14424 to construct concrete headwalls at the Waste Water Treatment Facility and concrete retaining walls at the Canandaigua Police Department in an amount not-to-exceed $97,523.00.
Vote Result: Carried unanimously (9-0) by roll call vote
Resolution #2009-172:
Councilmember, Ward 4 Anthony read the following Resolution and moved for its adoption. Councilmember, Ward 2 Fenti seconded the motion.
A RESOLUTION AWARDING AN ENGINEERING SERVICE CONTRACT FOR THE WASTE WATER TREATMENT FACILITY ADVANCED SECONDARY TREATMENT FEASIBILITY STUDY
WHEREAS, the rotating biological contactors that provide secondary treatment at the Waste Water Treatment Facility are beyond their 20 year design life; and
WHEREAS, the need exists to develop alternatives for the replacement of the RBC’s that will include the ability to treat additional organic loadings from trucked in waste; and
WHEREAS, five engineering consultants submitted proposals to complete a feasibility study with the most responsive proposal being submitted by Sterns & Wheler, LLC in the amount of $19,800.00; and
WHEREAS, the selection process was reviewed and approved by the Environmental Committee at its December 8, 2009 meeting; and
WHEREAS, the City Manager, the Director of Public Works and the Waste Water Facility Chief Operator recommends Sterns & Wheler, LLC as the Consultant most capable of reviewing all available alternatives for providing future secondary treatment at the Waste Water Treatment Facility; and
WHEREAS, adequate funding for this contract is provided in the 2009 Capital Sewer Budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute a contract in the amount $19,800.00 with Sterns & Wheler, LLC, One Remington Park Drive, Cazenovia, New York 13035, to complete a feasibility study to identify alternatives to replace the RBC’s.
Vote Result: Carried unanimously (9-0) by roll call vote
Resolution #2009-173:
Councilmember-at-Large Shipley read the following Resolution and moved for its adoption. Councilmember, Ward 2 Fenti seconded the motion.
A RESOLUTION APPROVING CHANGE ORDERS NO. 2 AND NO. 3 AS THEY RELATE TO THE WASTE WATER TREATMENT FACILITY WASTE HOLDING TANK PROJECT
WHEREAS, Pinnacle Construction, Inc., has submitted proposals to reduce the length of the perimeter fence from 480’ to 275’ for a credit of $2,860.00 and to replace 180’ of water line that was in conflict with the sewer line at the Waste Water Treatment Facility Waste Holding Tank site at a cost of $3,560.00; and
WHEREAS, Change Orders No. 2 and No. 3 were presented to the Environmental Committee at its December 8, 2009 meeting, receiving a recommendation of approval to the full City Council; and
WHEREAS, adequate funding for the net contract increase of $700.45 would be provided from the Sewer Treatment Plant Reserve fund; and
WHEREAS, the City Manager and the Director of Public Works recommend approval of Change Orders No. 2 and No. 3 as they relate to the Waste Water Treatment Facility Waste Holding Tank Project.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute Change Orders No. 2 and No. 3 with corresponding values of $2,860.00 (credit) and $3,560.45 for a net contract increase of $700.45 to Pinnacle Construction, Inc., 2906 Moraine Road, Cazenovia, New York 13035.
Vote Result: Carried unanimously (9-0) by roll call vote
Resolution #2009-174:
Councilmember-at-Large Finch read the following Resolution and moved for its adoption. Councilmember, Ward 2 Fenti seconded the motion.
A RESOLUTION AMENDING THE
CITY OF CANANDAIGUA FEE SCHEDULE
WHEREAS, in accordance with the Municipal Code of the City of Canandaigua, various fees pertaining to applications, permits, inspections, and services shall be set by resolution of the City Council, and;
WHEREAS, the City Council has reviewed the proposed “City of Canandaigua Fee Schedule” as part of its 2010 budget process;
NOW, THEREFORE, BE IT RESOLVED by the Canandaigua City Council that:
Section 1. The “City of Canandaigua Fee Schedule” shall be adopted as attached.
Section 2. Said fees shall take effect January 1, 2010.
Vote Result: Carried unanimously (9-0) by roll call vote
Resolution #2009-175:
Councilmember, Ward 2 Fenti read the following Resolution and moved for its adoption. Finch seconded the motion.
A RESOLUTION ABOLISHING CERTAIN POSITIONS
The City Council of the City of Canandaigua does hereby resolve as follows:
Section 1. For reasons of economy, all of the following positions be and the same hereby are abolished, effective December 31, 2009:
Fire Captain
Fire Inspector, Part-Time
Section 2. The City Manager of the City of Canandaigua be and she hereby is authorized, empowered and directed to give to the employees affected by this resolution:
a. Written notice (in compliance with the provisions of sections 195 and 217 of the Labor Law of the State of New York and within five (5) working days after the date of adoption of this resolution) of the exact date of such termination as well as the exact date of cancellation of employee benefits connected with such termination. A copy of such written notice shall also be sent to a representative of the Canandaigua Firefighters Association, Local 2098, I.A.F.F.
b. The required COBRA notice for extending health insurance coverage and any other required notification.