City Council Agenda s4

MINUTES OF THE CANANDAIGUA CITY COUNCIL MEETING THURSDAY, MAY 3, 2007, 7:00 P.M. City Council Chambers City Website: canandaiguanewyork.gov

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

Public Hearing: Ordinance #2007-008: An Ordinance Amending Chapter 3.24 of the Municipal Code entitled “ Stormwater Management & Erosion Control”

Mayor Polimeni called the hearing to order at 7:01 p.m. No one was present to speak to this ordinance and Mayor Polimeni declared the public hearing closed at 7:02 p.m.

Public Hearing: Local Law #2007-001: A Local Law to provide for the Codification of the Local Laws, Ordinances and certain Resolutions of the City of Canandaigua into a Municipal Code to be designated the “Code of the City of Canandaigua”

Mayor Polimeni called the hearing to order at 7:03 p.m. No one was present to speak to this local law and Mayor Polimeni declared the public hearing closed at 7:04 p.m.

Regular Meeting:

Pledge of Allegiance

Mayor Polimeni asked for a moment of silence for Frank Cutri who passed away recently and served on our Zoning Board for 35 years.

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: City Manager Stephen C. Cole Corporation Counsel Michele O. Smith Clerk-Treasurer Nancy C. Abdallah

Review Core Values: Councilmember, Ward 3 Russell read the Community Core Values: As residents, city staff and appointed & elected officials of the City of Canandaigua, our decisions City of Canandaigua Council Meeting May 3, 2007 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 April 5, 2007. Councilmember, Ward 2 Fenti seconded the motion. Vote Result: Carried unanimously.

Recognition of Guests:  Julie Lloyd, representing the American Cancer Society talked about the event “Relay for Life Canandaigua” on June 8th to June 9th at the Canandaigua Academy track. This is a celebration of hope and life for everyone united in the fight against cancer. The relay for life is an overnight event with entertainment and activities and where teams of people take turns walking the track throughout the night. This year’s goal is to raise $55,000 for the American Cancer Society and to have 50 teams participating in the event. This relay supports various programs in our community such as the 1-800-ACS-2345 number, which is staffed 24 hours a day. Also Rochester has one of 22 lodges across the nation, Hope Lodge, where the cancer patient and one caregiver can stay for free during treatments. In addition ACS raises money for research and support groups. Purple ribbons have been placed downtown called “Paint The Town Purple” to raise awareness for the event.

Committee Reports: Environmental and Planning Joint Meeting: Councilmember, Ward 1 Nixon reported the Environmental Committee met on April 17th and submitted the following report:

1. The Committees took a hard look at two SEQRs. The first being for the new Stormwater Ordinance and the second for the update to our municipal code. Both ordinances are beneficial changes for the City and one is just a re-organization of our code. Neither resulted in an environmental impact during the SEQR process, and as such the committees unanimously moved them both forward for Council approval with a negative declaration.

2. After receiving calls and inquiries about the Lagoon Walk dog policy the Mayor and City Manager requested that the Committee take a look at it, and discuss it. Currently Lagoon Walk is designated as a forever wild, protected park. That means if a tree falls, we leave it. If an animal sets up a nest, or a lodge we do our best to not disrupt it, and leave them to their natural ways. The intent was and still is to set some of our urban landscape aside for the residents to enjoy in its natural wild state. With that in mind the idea of pets and dogs is antithetical to that end. Not all dogs are disruptive, but inattentive and irresponsible owners can let one animal wreck havoc on the natural state of things by marking territory, disrupting nests that are often at the edge of pathways, chasing birds and animals, leaving droppings and often general over exuberance and noise. Enforcement is a key issue in that it’s often hard for an officer to tell what is and is not disruptive, so the Committees decided to leave the policy in place, to match our other forever wild park, Atwater Meadows. The Committees also got an education on osprey and bald eagle ecologies and nesting habits from local expert Don Swain. Both birds have been sited in Lagoon Walk and we are trying to encourage them to nest.

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3. The Committees discussed and recommended two special events for Council approval. The first being the Canandaigua Art and Music Festival to be held in downtown July 20- 22 will feature multiple stages for entertainment, art and food vendors. The second event is the Rotary Pier Dance set for July 28th on the City Pier. The Committees also discussed and tabled to another meeting a request from Seager Marine to erect a tent for the 40th anniversary celebration in Triangle Park. It was decided that other options needed to be explored and that a representative was necessary from Seager Marine to explore those options and take part in the discussion.

Ordinance: Councilmember-at-Large Henehan reported the Ordinance Committee met May 1st and submitted the following report:

1. First on the agenda was a discussion with property owner Martin McMillan about one of the areas that the city hopes to reclaim between the sidewalk and the curb. As City residents may have noticed, we are trying to turn some of the paved areas between the curb and sidewalks into grass and thus improve the appearance of streetscapes throughout the city. This is beginning on Main Street but eventually will occur throughout the City. The City Manager will get back to us with his recommendation concerning this particular location.

2. Second, we talked about parking on the portion of West Gibson Street between Pearl Street and Baker Drive with several residents of the neighborhood. It was decided, subject to police approval, that parking would be allowed only on the south side of West Gibson and that an additional stop sign would be added at the corner of West Gibson and Baker Drive to slow down the traffic that is using the Baker Drive/West Gibson route to avoid the traffic light at West Avenue.

3. The next item of discussion was the appointment of two new members to the FLTV Advisory Board and the renewal of terms of the existing members of the Board.

4. We next passed a proposed amendment to the current law regulating commercial window signage throughout the city. There will be a June public hearing regarding this matter.

5. Continuing our examination of commercial signage in the City was a discussion of ground signs on North Main Street. We determined that there was an obvious error in the regulation of single tenant signage and thus changed the allowable size from 2 square feet to 12 square feet. It was also decided that 12 square foot signs for Bed and Breakfasts will be allowed for B and Bs of 3 bedrooms or more.

6. There was brief discussion of the Ward Meetings and the work that is already being done to address some of our citizens’ concerns. This is an extremely important discussion and will be ongoing.

7. With the approvals of several chicken barbecues and schedule changes, we concluded our meeting.

Finance: Councilmember-at-Large Terwilliger reported that the Finance Committee met April 24th and submitted the following report:

1. Water Storage Tank SEQR City Manager Cole reviewed the State Environmental Quality Review (SEQR) Full Environmental Assessment Form for the new water storage tank project at the City's water treatment plant. No major environmental impacts were identified by the Committee, although some minor modifications were made to the document.

Committee APPROVED 4:0 a recommendation to Council for adoption of the SEQR as modified.

2. Position Classifications This was an informational topic only, dealing with staffing and position classifications. No actions were required or taken.

3. First Quarter Budget Report Assistant City Manager James presented the first quarter financial report for the General, Water, and Sewer Funds. The format is new, and data are shown at a high vs. detailed line-item level. Narratives were included to aid interpretation. The General and Water Funds showed results consistent with 2005 and 2006. The Sewer Fund showed expenditures consistent with the past; however, liquid-waste revenues were significantly lower in the quarter compared to past years, and this is a matter of concern. City Manager Cole was asked to focus on causes and solutions. Suggestions were made to augment %-based bar graphs with dollar figures for future reports.

Committee APPROVED 4:0 the report and thanked Assistant City Manger James for developing the new format and for timely reporting.

4. Kershaw Park Concession Proposal City Manager Cole reviewed response to a Request for Proposal for the operation of a food-service concession at Kershaw Park for the 2007 summer season. One vendor, Steve Mruczek and Julie Fox, responded with terms agreeable to Committee. The terms included a lease amount of $1,000, payable to the City.

Committee APPROVED 4-0 a recommendation to Council to award the 2007 Kershaw Park Concession contract to Mruczek and Fox pursuant to terms of the proposal.

5. Condominium Legislation City Manager Cole reviewed the current special treatment of condominiums in New York State with regard to lowered property valuation assessments compared to other single- family residential properties. He also reviewed legislation passed by Ontario County to disallow such special treatment for existing dwellings converted to condominiums as well as pending New York State legislation, which would disallow such treatment for both conversions and new construction.

Committee APPROVED 4:0 to recommend to Council: 1) a disallowance of special treatment for any future conversions within the City; and 2) formal support, in the form of a resolution, for the disallowance of special treatment for conversions and new construction throughout New York State, as proposed in the pending New York State legislation.

6. Local Advisory Panel (LAP) Process - Canandaigua VA Medical Center Local Advisory Panel vice-chair Sam Casella was our guest and reviewed the LAP process and the results of the panel's fourth and final meeting on April 10. He stated that a majority of the panel believes the final path-forward selection process was flawed and that the #1 recommendation to the national VA officials (Option 2 - new nursing-home facility on the former golf course) is, in fact, not desirable. He stated that Option 9 (new nursing-home facility integrated with the main VA campus), which was the top choice at the previous LAP meeting, is the most desirable.

Committee AGREED 4:0 that Option 9 is the preferred option and APPROVED 4:0: 1) that City Manager Cole draft and send to national VA officials, on behalf of the mayor and City Council, our strong support for Option 9; and 2) to recommend to Council passage of a formal resolution at our May 3 Council meeting strongly supporting Option 9.

7. Performance Bonus Program Update City Manager Cole reviewed a modified performance bonus program for Public Works Director Loy and the 9-person City leadership team -- all based on meeting performance goals consistent with the city's strategic plan, and more specifically, with associated tactical goals identified for October 2007 completion.

Committee APPROVED 3-0 to recommend to Council: 1) Adoption of the plan for the Director of Public Works which calls for the completion of the water storage tank project on time and on/under budget. This portion of the bonus-plan cost = $2,000, which is already budgeted for 2007; and 2) Adoption of the plan for the City leadership team which includes the two new items (purchasing process policy and more-proactive code enforcement) suggested at the March Finance Committee meeting. This portion of the bonus-plan cost = $6,750, which is not budgeted for 2007. City Manager Cole was asked to identify 2007 budget items that can be cut in order to free up funds for this portion of the plan.

8. Finance Committee May Meeting Date Committee agreed to shift the May Finance meeting from Tuesday, May 22 to Thursday, May 17.

The meeting was adjourned at 9:20PM, at which time a Council executive session was called by Mayor Polimeni to discuss labor-negotiation issues.

Youth Committee: Councilmember, Ward 2 Fenti reported that the Youth Committee did not meet since the last council meeting.

BID Report: Sal Pietropaolo, Economic Development reported on the following: . BID Board Annual Meeting on April 24th in which nominees where accepted for open positions on the Board. . BID Board Organizational Meeting was held May 3rd and Jim Wolfe will remain as BID Board president, Denise Chaapel-Vice President, Travis Nixon-Secretary and Chris Keyes is Treasurer. . Formed four standing committees: Budget and Finance, Capital Improvement and Maintenance, Public Relations and Promotions and Recruitment. . Discussed Arts Festival, Marketing programs, Labelon Building, and developing a Canandaigua Business Open House recruitment program.

Resolutions:

Resolution #2007-035

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

A RESOLUTION DETERMINING THE ENVIRONMENTAL SIGNIFICANCE OF PROPOSED ORDINANCE #2007-008 (“Stormwater Management & Erosion Control”)

WHEREAS, the City Council has made amendments to Chapter 3.24 of the Municipal Code, entitled “Stormwater Management & Erosion Control”, ensuring that local regulations are equal to or exceed those recommended by the New York State Department of Environmental Conservation; and

WHEREAS, the City Council has reviewed the attached Environmental Assessment Form (EAF) for the proposed Ordinance #2007-008, has identified the relevant areas of environmental concern, and has taken a hard look at these areas of concern; and

WHEREAS, upon review of the information recorded on the EAF regarding project impacts and consideration of both the magnitude and importance of each impact, it is reasonably determined that the project will result in no major adverse impacts and, therefore, will not cause significant damage to the environment;

NOW, THEREFORE, BE IT RESOLVED by the Canandaigua City Council that the proposed Ordinance #2007-008, will not have a significant effect on the environment, and directs that the attached SEQR Negative Declaration be filed in accordance with the requirements of the New York State Environmental Quality Review Act.

Vote Result: Carried unanimously.

Resolution #2007-036:

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

A RESOLUTION DETERMINING THE ENVIRONMENTAL SIGNIFICANCE OF PROPOSED LOCAL LAW 2007-001

(CODIFICATION OF LOCAL LAWS, ORDINANCES AND CERTAIN RESOLUTIONS OF THE CITY OF CANANDAIGUA)

WHEREAS, the City Council has entered into a project for the codification of local laws, ordinances and certain resolutions of the City of Canandaigua for the purposes of increasing the effectiveness of city governmental administration, providing for greater public awareness of and access to city legislation and protecting the health, safety and welfare of city inhabitants; and

WHEREAS, the City Council has reviewed the attached Environmental Assessment Form (EAF) for the proposed Local Law #2007-001, has identified the relevant areas of environmental concern, and has taken a hard look at these areas of concern; and

WHEREAS, upon review of the information recorded on the EAF regarding project impacts and consideration of both the magnitude and importance of each impact, it is reasonably determined that the project will result in no major adverse impacts and, therefore, will not cause significant damage to the environment;

NOW, THEREFORE, BE IT RESOLVED by the Canandaigua City Council that the proposed Local Law #2007-001, will not have a significant effect on the environment, and directs that the attached SEQR Negative Declaration be filed in accordance with the requirements of the New York State Environmental Quality Review Act.

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

A RESOLUTION AUTHORIZING SPECIAL EVENTS (Canandaigua Art & Music Festival and Rotary Pier Festival)

WHEREAS, the City Council of the City of Canandaigua has received the following applications for special events in the City of Canandaigua:

► Canandaigua Art & Music Festival Date: July 20-22, 2007 Location: Main Street, Coach Street Parking Lot & Chamber Parking Lot Time: Friday & Saturday, 10 a.m.-8 p.m. & Sunday, 10 a.m.-6 p.m. Sponsor: Downtown Business Improvement District

Activities Planned: Arts & Crafts Sale, Children’s Activities, Family Entertainment, Food Vendors & Music Restrictions: No Food Vendors in ‘Commons Park’

► Rotary Pier Festival Date: July 28, 2007 Location: Canandaigua City Pier Time: 3 p.m.–11 p.m. Set - Up Time: 3 p.m.-4 p.m. Sponsor: Canandaigua Rotary Purpose: Community Event & Charity Fundraiser Activities Planned: Live Music, Non-Alcoholic Beverages, Food Vendors, Games & Small Group Performers

WHEREAS, the Environmental Committee reviewed and endorsed these requests at their April 17, 2007 meeting; and

WHEREAS, the City Manager has determined that these events will pose no threat to the public safety; and

WHEREAS, the abovementioned groups must meet insurance requirements of the City of Canandaigua for their requests;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Canandaigua that permission is granted to hold the Canandaigua Art & Music Festival and the Rotary Pier Dance at the times and locations listed above; and

BE IT FURTHER RESOLVED that the organizers of the Special Events shall adhere to any regulations that the City Manager or the City Police Department shall establish to insure the health and safety of Canandaigua residents throughout these events.

Vote Result: Carried unanimously by roll call vote.

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

A RESOLUTION APPOINTING BRIAN A. SALISBURY TO THE CANANDAIGUA FIRE RESCUE

WHEREAS, the City Council has received an application from the Canandaigua Fire Rescue for appointment of Brian A. Salisbury to said Department as a Volunteer; and

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

NOW, THEREFORE, BE IT RESOLVED, that Brian A. Salisbury is hereby appointed as a Volunteer Member of the Canandaigua Fire Rescue.

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

A RESOLUTION DETERMINING THE ENVIRONMENTAL SIGNIFICANCE OF THE PROPOSED WATER STORAGE TANK PROJECT LOCATED AT THE CITY’S WATER TREATMENT FACILITY

WHEREAS, the City Council has reviewed the Full Environmental Assessment Form for the Water Storage Tank Project located at the Water Treatment Facility at the rear of 3772 County Road 16, has identified the relevant areas of environmental concern and has taken a hard look at these areas of concerns; and

WHEREAS, upon review of the information recorded on the Full Environmental Assessment Form regarding project impacts and consideration of both the magnitude and importance of each impact, it is reasonably determined that the project will result in no major adverse impacts and, therefore, is one which will not cause significant damage to the environment;

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Canandaigua determines that the proposed water storage tank project, located at the Water Treatment Facility site at 3772 County Road 16 will not have a significant effect on the environment and directs the Director of Planning and Development to file the attached SEQR Negative Declaration in accordance with the requirements of the New York State Environmental Quality Review Act.

Discussion: City Manager Cole answered questions that arose in the committee meeting on this project. The water tank will not be lit at night except for maybe a security light that will be turned on if needed. Also attached is the Environmental Assessment form. The City and the Town planning board discussed the negative environmental impact on the scenic view. The determination of this is that the height of the proposed tanks will be consistent with the existing tank and that trees will be planted on the east side of the tanks to provide a visual buffer. Lou Loy, Director of Public Works also stated that the Town Planning Board was concerned about truck traffic during construction on County Road 16 during tourist season. This was determined to be a short term small to moderate impact.

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

A RESOLUTION AWARDING A CONTRACT TO OPERATE THE KERSHAW PARK FOOD SERVICE CONCESSION

WHEREAS, proposals were received on March 26, 2007 to operate the food service concession at Kershaw park; and

WHEREAS, one proposal was received that met the specifications, providing a $1,000.00 revenue, by Steve Mruczek and Julie Fox doing business as SNDLLC – Kal-lee on the Lake, 2580 Rochester Road, Canandaigua, New York; and

WHEREAS, it is the recommendation of the City Manager to award a contract to SNDLLC – Kal-lee on the Lake; and

WHEREAS, the Finance Committee reviewed and endorsed this proposal at their April 24, 2007 meeting; and

WHEREAS, the licensee has requested that a mobile hot dog vending cart be used in the park on holidays and weekends;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Canandaigua that the City Manager execute a contract with SNDLLC – Kal-lee on the Lake to provide the food service concession at Kershaw Park with an annual lease amount of $1,000.00 with the option to renew this contract for two successive beach seasons and, further; authorize the City Manager to approve the use of a mobile hot dog vending cart to be utilized on holidays and weekends, if it is deemed to be in the best interest of the City of Canandaigua.

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

A RESOLUTION ESTABLISHING A PERFORMANCE BONUS PROGRAM

WHEREAS, the City Council desires to create a Performance Bonus Program to reward outstanding achievement by City employees; and

WHEREAS, the City Manager has developed for the Public Works Director Lou Loy a Performance Goal for 2007 related to the construction of the Water Storage Tank project; and

WHEREAS, the City Manager and City Council have developed a 2007 Performance Plan for the City Manager, with a matrix of Performance Expectations and Targets; and

WHEREAS, the Finance Committee reviewed and endorsed these Performance Plans and the associated bonuses at its meeting of April 24, 2007; and

WHEREAS, funding for the Public Works Director’s Performance Bonus Program has been included in the 2007 Water Fund budget, and funding for the City Manager’s Performance Plan will be taken from the General Fund Miscellaneous budget line;

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Canandaigua does hereby establish a Performance Bonus Program for the Public Works Director and a Performance Plan for the City Manager, as detailed on the matrix attached hereto.

Discussion: Councilmember-at-Large Terwilliger stated that this bonus would be shared among the leadership team. Councilmember, Ward 2 Fenti stated that these goals are considered “stretch goals” for the year.

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

A RESOLUTION OF SUPPORT FOR CANANDAIGUA VETERANS ADMINISTRATION MEDICAL CENTER (VAMC) PROPOSED OPTION 9

WHEREAS, it is apparent over the past three years that the veterans served by the Canandaigua VAMC and the local community have continued to support preserving the current VAMC campus; and

WHEREAS, this existing setting has therapeutic advantages of keeping the campus a veterans’ community with the eventual re-use of some buildings on this campus, along with the historic value of the campus in the treatment of our veterans;

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Canandaigua goes on record in support of Option #9 as presented at the Local Advisory Panel (LAP) in order to maintain the core of this historic site at the Canandaigua VAMC; and

BE IT FURTHER RESOLVED, that a copy of this resolution shall be sent to Secretary of Veterans Affairs R. James Nicholson to apprise him of our strong sentiments.

Discussion: Sam Casella, a member of the LAP appreciated the time at the Finance Committee and for the letter sent on the Councils behalf. Vote Result: Carried unanimously.

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

A RESOLUTION IN SUPPORT OF S.1058 (LITTLE) / A.1574 (GALEF) TO ADDRESS NEWLY CONSTRUCTED OR CONVERTED CONDOMINIUMS

WHEREAS, The term Condominium refers to a form of ownership and not a type of structure; and

WHEREAS, New York State Real Property Tax Law §580 provides that condominiums shall be assessed in the manner set forth in section three hundred thirty-nine-y of the real property law; and

WHEREAS, Real Property Law §339-y (1)(b) provides that in no event shall the aggregate of the assessment of the units plus their common interests exceed the total valuation of the property were the property assessed as a parcel; and

WHEREAS, Condominiums are currently assessed based on market rents, instead of market value, and typically enjoy a 40-60% decrease in assessments as compared to other single family residential properties; and

WHEREAS, Across New York State subdivisions containing free standing single family residential homes are being constructed in, or converted to, condominium ownership to enjoy the property tax benefits, therefore shifting the property tax burden; and

WHEREAS, Such provisions create increasingly gross inequities between taxpayers; and

WHEREAS, Senator Elizabeth Little and Assemblywoman Sandra Galef have introduced legislation (S.1058 and A.1574 respectively) requiring market-based assessments on real property owned or leased by a cooperative corporation or on a condominium basis constructed or converted to condominium ownership after January 1, 2008.

NOW THEREFORE, BE IT RESOLVED that the Canandaigua City Council hereby supports the provisions of the proposed legislation contained in S.1058 and A.1574; and further

RESOLVED, That copies of this resolution shall be forwarded to Senator Elizabeth Little, Chairman of the Local Government Committee; Assemblywoman Sandra Galef, Chairman of the Real

Property Tax Committee; Senator Michael F. Nozzolio; Senator Dale M. Volker; Assemblyman Brian Kolb; and Assemblyman Joseph Errigo.

Discussion: Councilmember, Ward 2 Fenti asked how this affects current condominiums and their status under the property tax law. Corporation Council Smith stated that unless the law was repealed, current condominiums would continue to get the tax benefit. Councilmember, Ward 2 Fenti asked if a letter could accompany this stating that the current law should be repealed. City Manager Cole will include that request in the cover letter sent to the lawmakers.

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

A RESOLUTION APPOINTING MEMBERS TO THE FINGER LAKES TELEVISION PUBLIC ACCESS ADVISORY COMMITTEE

WHEREAS, the Finger Lakes Television Public Access Advisory Committee (FLTV/PAAC) has received and endorsed two applications for new membership; and

WHEREAS, appointments to the committee are for a three year term; and

WHEREAS, it is desirable that the terms of appointment of the current committee members be staggered; and

WHEREAS, the Ordinance Committee reviewed and approved these appointments at its May 1, 2007 meeting;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Canandaigua that Adam D. Smith and Matthew Flansburg are each hereby appointed to a three- year term on the Finger Lakes Television Public Access Advisory Committee; and

BE IT FURTHER RESOLVED the membership of the FLTV/PAAC shall consist of those individuals on the list attached hereto, serving the terms as indicated.

Resolution #2007-045: Councilmember-at-Large Shipley read the following resolution and moved for its adoption. Councilmember, Ward 2 Fenti seconded the motion.

A RESOLUTION AWARDING A CONTRACT TO PROVIDE AND INSTALL A GENERATOR AT THE POLICE BUILDING

WHEREAS, the generator at the Police Building is no longer serviceable because of discontinuance of repair parts; and

WHEREAS, bids were received on April 19, 2007 for the generator replacement, with two bids being submitted; and

WHEREAS, Colacino Industries/Newark Electric Corporation submitted the lowest responsive bid of $68,318.84 including an alternate of $2,600 for perimeter fencing; and

WHEREAS, funding for this project is included in the Public Safety Capital Budget for Police Station Emergency Generator as multi-year financing;

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute a contract with Colacino Industries/Newark Electric Corporation, 129 Harrison Street, Newark, New York 14513 to provide and install an emergency generator at the Police Building in an amount not-to-exceed $68,318.84 including the add alternate ($2,600) for perimeter fencing.

Discussion: City Manager Cole explained that we have generators in many municipal buildings to provide services in case of a power outage and this is replacing what is there already at the police station.

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

A RESOLUTION SETTING THE TIME AND PLACE OF A PUBLIC HEARING ON LOCAL LAW NO. 2 OF 2007 RELATIVE TO CONDOMINIUM ASSESSMENTS.

WHEREAS, Section 3.14 of the Canandaigua City Charter and Section 20 of the Municipal Home Rule Law require a public hearing on a proposed local law; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Canandaigua that a public hearing regarding Local Law No. 2 of 2007 relative to the assessment of converted condominium units shall be held in the City Council Chambers, City Hall, 2 North Main Street, Canandaigua, New York during the meeting held at 7:00 p.m. on June 7, 2007; and

BE IT FURTHER RESOLVED that the City Clerk shall cause notice to be given as required by Section 3.14 of the Canandaigua City Charter.

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

A RESOLUTION FIXING THE TIME AND PLACE OF PUBLIC HEARING FOR THE FOLLOWING:

ORDINANCE #2007-009 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CANANDAIGUA RELATIVE TO WINDOW SIGNS

ORDINANCE #2007-010 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CANANDAIGUA RELATIVE TO GROUND SIGNS

WHEREAS, New York State law and locally established procedures require that the City Council hold a public hearing on the above listed item so that citizens and all parties in interest be given full opportunity to be heard;

NOW, THEREFORE, BE IT RESOLVED by the Canandaigua City Council that a public hearing shall be held in the Council Chambers beginning at 7:00 p.m. on June 7, 2007; and

BE IT FURTHER RESOLVED that the City Clerk shall cause notice to be given as required by §10.04.070.3.

Ordinances: (Ordinances in their entirety can be obtained at the City Clerk’s Office)

Ordinance #2007-008: (Introduced and tabled at the April 5th, 2007 Council Meeting)

AN ORDINANCE AMENDING CHAPTER 3.24 OF THE MUNICIPAL CODE ENTITLED “STORMWATER MANAGEMENT & EROSION CONTROL”

Summary: Extensive revision of our existing stormwater regulations.

Councilmember-at-Large Finch moved to lift Ordinance #2007-008 from the table. Councilmember, Ward 1 Nixon seconded the motion. Vote Result: Carried unanimously.

Councilmember-at-Large Finch moved adoption of Ordinance #2007-008. Councilmember, Ward 2 Fenti seconded the motion. Vote Result: Carried unanimously by roll call vote.

Ordinance #2007-009:

Councilmember, Ward 2 Fenti presented the following ordinance and placed it on the table.

AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CANANDAIGUA RELATIVE TO WINDOW SIGNS

Summary: Changed requirements for commercial window signage.

Councilmember-at-Large Terwilliger presented the following ordinance and placed it on the table.

AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CANANDAIGUA RELATIVE TO GROUND SIGNS

Summary: Ground signage in Zone District R1 changed from 2 square feet to 12 square feet and to allow it for Bed and Breakfast establishments of 3 guest rooms or more.

Councilmember-at-Large Finch presented the following ordinance and placed it on the table.

AN ORDINANCE AMENDING CHAPTER 648 ENTITLED “VEHICLES AND TRAFFIC” OF THE MUNICIPAL CODE

Summary: No parking on the north side of West Gibson Street from its intersection with North Pearl Street westerly to the intersection of Baker Drive.

Councilmember-at-Large Henehan presented the following ordinance and placed it on the table.

AN ORDINANCE AMENDING CHAPTER 648 ENTITLED “VEHICLES AND TRAFFIC” OF THE MUNICIPAL CODE

Summary: Add a stop sign on Baker Drive (traveling from the South) at West Gibson.

Local Law: (Local Laws in their entirety can be obtained at the City Clerk’s Office)

Local Law #2007-001: (Introduced and tabled at the April 5th, 2007 Council Meeting)

A LOCAL LAW TO PROVIDE FOR THE CODIFICATION OF THE LOCAL LAWS, ORDINANCES AND CERTAIN RESOLUTIONS OF THE CITY OF CANANDAIGUA INTO A MUNICIPAL CODE TO BE DESIGNATED THE “CODE OF THE CITY OF CANANDAIGUA”

Summary: Codification of local laws, ordinances and certain resolutions of the City of Canandaigua for the purposes of increasing the effectiveness of city governmental administration, providing for greater public awareness of and access to city legislation and protecting the health, safety and welfare of city inhabitants

Councilmember-at-Large Henehan moved to lift Local Law #2007-001 from the table. Councilmember, Ward 2 Fenti seconded the motion. Vote Result: Carried unanimously.

Discussion: City Manager Cole thanked the committee that made this project happen. He stated that the Municipal Code is better organized and Mayor Polimeni agreed that it is very easy to use and to search any topic. Access to the code can be found on the City website.

Councilmember-at-Large Henehan moved adoption of Local Law #2007-001. Councilmember, Ward 2 Fenti seconded the motion. Vote Result: Carried unanimously by roll call vote.

Local Law #2007-002:

Councilmember-at-Large Terwilliger presented the following Local Law and placed it on the table.

A LOCAL LAW TO AMEND THE MUNICIPAL CODE TO ADD TO CHAPTER 612 ARTICLE VIII – CONDOMINIUM ASSESSMENT

Summary: Amend the Municipal Code section that governs the taxation of condominium units to prevent a converted condominium from the reduced assessment provision provided for by Real Property Tax Law §580.

Payment of Bills:

Payee Project Pmt # Amount Architectural Services, City Hall & PD Bldg. Barton & Loguidice, PC Roof Replacement Project #4 $475.12 O'Brien & Gere Engineers Water Storage Tank Improvements Project #1 $35,580.00 Hunt Engineers Multiple Street Project #3 & #4 $45,000.00

Manager's Report: City Manager Cole gave the following report:  Thanked Councilmember-at-Large Shipley for hosting The National Arbor Day Foundation celebration. Because of issues at the school Mayor Polimeni and the middle school students could not attend. Councilmember-at-Large Shipley mentioned that Chris Dorn gave a wonderful presentation on how you plant a tree.  The Main Street Forum scheduled for May 15th has been postponed to the 17th.  Main Street really took a hit this winter, which left some very bad spots that will not hold asphalt are in need of repair. We will be working with NYS and the County to mill and repave some short sections of the Main Street.  We have started the City Hall Roof replacement project in which the contractors have 90 days in which to complete it. Unfortunately we will have issues with parking and access to the building which we are working through.  The playground at Sonnenberg Park is almost finished. We still have $6,000 in fundraising to go to finish out smaller items on the playground, which we hope to do this summer. Jefferson park playground should follow soon after.  Mike Miller, a Public Utilities Maintenance Assistant, won the regional water meter repair competition and was recently crowned State Champion. He will now attend and compete at the national level which will be held in Toronto next month

Miscellaneous:

Mayor Polimeni has asked each Councilmember to select a topic that we need to remind everyone about especially as the weather turns nice and we will be out and about in the City:  Councilmember, Ward 1 Nixon reminds everyone to remove dog waste in our parks and dispose of it. Please pick up after your pet or you can be fined up to $250.00. Most dog owners are responsible but please contact the City Mangers office or your representative if you aware of repeat violators and we will do our best to catch them in the act.  Councilmember, Ward 2 Fenti asks everyone to please be considerate as it pertains to noise. If you are producing a noise level outside of your property please take the time

to walk around to see if may be bothering someone else. Also make sure your vehicle is not making a noise that is a nuisance. If you have a problem please call 911 or the police department to file a complaint. We do have a noise level ordinance and a meter can be used to determine if someone is in violation of the ordinance. This applies to audio equipment, animals such as barking dogs, vehicle mufflers, horns and signaling devices, between the hours of 9pm and 7am, and recreation vehicles between the hours of 9pm and 8am. There are fines associated with violations of this ordinance.  Councilmember, Ward 3 Russell talked about healthy green lawns. Residents should have received a brochure from the City “Healthy Lawns for Canandaigua Lake” which outlines information for managing your yard while protecting your health the health of our lake and community. Especially for spring please look at some ideas that this brochure outlines. Having your soil tested is important to determine exactly what you need. Also please remember that phosphate, while good for new root growth is very detrimental to the lake and in most cases not needed for an existing lawn.  Councilmember, Ward 4 Anthony reminds us about “carry in and carry out” parks. Our parks are there for everyone to enjoy and need to be kept clean. Many parks around the country do this process of carry in and carry for many reasons. First, instead of city resources going to trash removal they can be used for beautifying the parks. Second, trash receptacles tend to become unsightly with overflowing trash, causes odors, attracts bees and wasps and can be strewn about by animals. There are some trash receptacles at the pier and at Kershaw, but if they are overflowing please take your trash with you.  Councilmember-at-Large Henehan mentioned a problem that came up at the Ward meeting in regards to the leaves and trees covering City signs. This is a reminder that if the trees or bushes are located between the sidewalk and the street, then these are the City’s property and have the responsibility of taking care of. If you see a problem with one of these trees blocking signs please call the Department of Public Works at 396- 5060.  Councilmember-at-Large Shipley reminds us that we need to be aware of when the recycling and garbage pickup will be done on your street and to have your cans ready for pickup and subsequently removed. The new City Code has a lot of information on this topic. We also need to be using clear plastic bags not the black bags.  Councilmember-at-Large Finch further adds that garbage cans need to be removed within a 24-hour period and the code states that cans are not to be placed at the curb before 6pm of the evening prior to your scheduled collection.  Councilmember-at-Large Terwilliger reminds residents about the schedule change in the collection of yard and lawn waste, which will be picked up on your normal garbage day. During December through March it is only picked up on Fridays. The appropriate way to dispose of this waste is in cans or plastic barrels or in paper bags, which are available at DPW. Branches and sticks need to be bundled, tied with twine or string and kept to a length of 3 to 4 feet. City Manager Cole also reminds everyone about the weight of the cans and make sure they are not too heavy to be picked up.  Mayor Polimeni reminds us that the County has certain times when you can make an appointment to get rid of your paint and other toxic materials.

 Councilmember-at-Large Henehan asked what the city regulations are for the fire pits that you can buy at the store. City Manager Cole stated that he would check and get back with the answer.  Councilmember, Ward 1 Nixon asked if we have established the free bulk item days at the transfer station. City Manager Cole said that we are working with the operator to establish those dates.  Mayor Polimeni stated that if there are questions about any of topics discussed here tonight they can get more information by looking at the Code on the City Website or by calling the City at 396-5060 or any of the Councilmembers.

Adjournment: Councilmember-at-Large Shipley moved to adjourn at 8:52 PM. Councilmember, Ward 2 Fenti seconded the motion.

Nancy C. Abdallah City Clerk-Treasurer