Minutes of the Canandaigua City Council Meeting

MINUTES OF THE CANANDAIGUA CITY COUNCIL MEETING THURSDAY, OCTOBER 4, 2012 7:00 P.M. City Council Chambers City Website: canandaiguanewyork.gov

Mayor Polimeni called the meeting to order at 7:00 PM

Pledge of Allegiance

Roll Call: Members Present: Councilmember Ward 1 David Whitcomb Councilmember Ward 2 David Winter Councilmember Ward 3 Karen White Councilmember Ward 4 Cindy Wade Councilmember-at-Large Maria Bucci Councilmember-at-Large William Taylor Councilmember-at-Large Meg McMullen Reston Mayor Ellen Polimeni

Members Absent: Councilmember-at-Large James Terwilliger

Also Present: City Manager Kay W. James Corporation Counsel Michele O. Smith City Clerk-Treasurer Nancy C. Abdallah

Councilmember-at-Large Terwilliger is absent due to a business commitment.

Review Core Values: Councilmember Ward 2 Winter 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, Ward 4 Wade moved for the approval of the Council Minutes of September 6, 2012. Councilmember-at-Large Bucci seconded the motion. Vote Result: Carried unanimously by voice vote

Recognition of Guests: No Guests

Committee Reports: City of Canandaigua Council Meeting October 4, 2012

Environmental: Councilmember-at-Large Reston reported that the Environmental Committee met on September 11th, 2012 and discusses the following:  Special Events – Fall Into Canandaigua  Hydrofracking – next steps  Streetscape plan – treatment of blocks not previously disturbed, tree removals, lighting of landscape beds.  Property at 111 North St.

Ordinance: Councilmember, Ward 1 Whitcomb reported that the Ordinance Committee met on September 18th, 2012 and discussed the following:  Walking tour of downtown area  Smoking in Public Places i. Proposal to ban smoking in the BID and/or City parks ii. Proposed new ordinance that would require residents and businesses to remove all litter from the front yard, sidewalk, city property to curb and along the curb of their property.  Noise Ordinance – Steve Howie  Feral cats – continued discussion  Outdoor lighting issues

Finance: The Finance Committee met on October 2nd, 2012 and will be reported on next month.

Planning: Councilmember, Ward 4 Wade reported that the Planning Committee met on August 7, 2012 and September 25th and submitted the following minutes.

Planning Committee Meeting August 7th, 2012 Agenda item 1: Valerie Knoblauch, President of the Finger Lakes Visitor’s Connection, discussed Tourism’s Role in Economic Development. She spoke to the challenges tourism faces and the benefits tourism brings to our area such as generating extra sales tax revenue that goes back to the community and creating jobs. Ms Knoblauch also discussed the Tourism Economic Impact Model which follows Direct Tourism spending to the positive indirect impact tourism has. Some interesting facts shared are: Ontario county is the third largest tourism county in the whole finger lakes Region behind Monroe and Onondaga counties. Travel and Tourism is a vital and growing component of New York state’s economy and grew 8% in 2011. More than 694,000 jobs were sustained by tourism NYS tourism generates $6.9B in state and local taxes in 2011 Finger Lakes Visitor Connection has been distributing a survey for visitors to see what they like and what the opportunities are for improvement, What people like most about our area when they visit is the Wineries, lakes and most of all the people! Please visit Visitfingerlakes.com to learn more!

Agenda item 2:

of 10 City of Canandaigua Council Meeting October 4, 2012

The Canandaigua Chamber of commerce presented a draft of their Economic Development plan. This plan is a precursor to hiring or contracting with an Economic Developer and spells out the key areas of focus including both actions and metrics. The Planning Committee voted unanimously in support of the plan.

Agenda Item 3: City of Canandaigua Comprehensive Plan (CCCP) update: Dave Whitcomb and myself are current member of the CCCP review committee. We are currently reviewing the 2002 Comprehensive plan and goals and updating those in progress and removing the completed items. The group will then refine the remaining goals and add additional ones for the next 10 years.

Agenda item #4: 2012 – 2013 City Strategic Plan: The committee has reviewed and prioritized the goals for 2012 – 2013. The city staff will update the committee quarterly on the progress of projects related to our goals. Next planning Committee meeting we will be discussing one of our goals – Improving and continuous Communication with residents. Tuesday Sept 4, 7pm Hurley building

Agenda item #5; David Whitcomb’s proposal that the city bottle/sell our wonderful Canandaigua Lake drinking water. The committee is in full support of finding ways to generate revenue for the city without a negative impact. City staff and Mr Whitcomb are going to research the financial responsibilities for such an undertaking to see if the proposal merits further consideration.

Planning Committee Meeting Tuesday Sept 25th, 2012 The Planning committee met Tuesday Sept 25th ( Finance and Planning switched night), to interview each of the three respondents to our RFP we sent looking for a candidate or firm to be responsible for implementing our Economic Development Strategic Plan drafted by Peter Fairweather. The three respondents (Wendell & Associates, PC – People and the Canandaigua Chamber of Commerce) each had time to present their proposals and field questions. After much discussion, the Planning Committee voted 4 – 0 to recommend to council appointing the Canandaigua Chamber of Commerce as the firm to implement and manage the Strategic Economic Development Plan. We would also like to publicly thank all respondents to our RFP for their excellent proposals and taking the time to meet with us.

Committee of the Whole: Mayor Polimeni reported that the Committee of the Whole met on September 20th, 2012 and submitted the following minutes:

Economic Development Services – review consultant proposals The 3 responses to our RFP regarding our Economic Development Initiative were reviewed. The Committee of the Whole decided to invite all 3 groups for interviews by the Council. It was agreed that if we could change the Finance and Planning meetings dates we would still be able to take action at our October Council meeting.

Mrs. James agreed to contact the applicants: PC-People of Canandaigua, the Chamber of Commerce and Wendell & Associates. She also agreed to see about switching the meeting dates and following up with an email to each Council member.

Hydrofracking - Overview of Zoning Regulations City Attorney Smith reported on her overview of our zoning regulations in regard to mining (hydrofracking). She reported that our current regulations would not allow hydrofracking within the city. The Environmental Committee will continue its work regarding the moratorium.

Appointment to the Planning Commission Vacancy The remaining names on the list of applicants from earlier this year were reviewed. Stan Taylor was recommended for appointment. One name remains and we know of one additional appointment at the end of the year. This will conclude the list and we will run an advertisement to get applicants for vacancies we know will result from members having served the terms allotted to each of the Boards.

Chamber of Commerce – Alison Grems, President/CEO named the nominees for the Athena Awards and the Young Entrepreneurs and reminded everyone of the dinner to honor these nominees will be November 16, 2012 at Finger Lakes Community College.

Business Improvement District – Katherine Nevin, Executive Director for the BID talked about upcoming events

Watershed Council – Mayor Polimeni reported that the Watershed Council met on October 2nd, 2012 and submitted the following minutes:

Presentation of the 2012 Education Program Nadia Harvieux presented a report on the education programs the council helps fund in 3 school districts in the watershed. She spoke of how they are dealing with field trip cutbacks and providing similar projects in the classroom. They continue to work with youth groups to label storm drains. We expressed appreciation for the work they are doing with the young people in our watershed.

Draft of the 2013 budget We reviewed the budget in terms of revenues and programs to be addressed. There will be no increase in the amount each community is assessed.

Manager’s Report Kevin updated us on 14 projects or activities he has been worked on since August. His work includes a significant amount of time devoted to administration of multiple grants. At this time he has 4 separate grants he is addressing.

Resolutions:

Resolution #2012-070: Councilmember Ward 2 Winter read the following Resolution and moved for its adoption. Councilmember, Ward 3 White seconded the motion.

A RESOLUTION AUTHORIZING AN AGREEMENT WITH THE CANANDAIGUA CITY SCHOOL DISTRICT TO PROVIDE SCHOOL RESOURCE OFFICER SERVICES

WHEREAS, the Canandaigua City School District desires to continue to the school resource officer (SRO) program, to maintain a strong, supportive relationship between students, faculty and law enforcement in order to deter criminal behavior and maintain a safe learning environment; and

WHEREAS, the City of Canandaigua desires to continue to provide school resource officer services to the School District; and

WHEREAS, it is in the best interests of the citizens of the City and the School District to maintain this program; and

WHEREAS, the School District has agreed to reimburse the City for 100% of the expense for the SRO program during the school year;

NOW, THEREFORE BE IT RESOLVED by the Canandaigua City Council that the City Manager and Corporation Counsel are authorized to execute the necessary agreements with the Canandaigua City School District.

The motion CARRIED UNANIMOUSLY on the following vote: AYES:Councilmember Ward 1 Whitcomb, Councilmember Ward 2 Winter, Councilmember Ward 3 White, Councilmember Ward 4 Wade, Councilmember-at-Large Bucci, Councilmember-at-Large Taylor, Councilmember-at-Large Reston and Mayor Polimeni. NOES: None.

Resolution #2012-071: Councilmember-at-Large Taylor read the following Resolution and moved for its adoption. Councilmember-at-Large Reston seconded the motion.

A RESOLUTION ESTABLISHING A BUDGET FOR CITY SUPPORT OF THE 2013 CENTENNIAL CELEBRATION

WHEREAS, “Heritage” is a Core Value of the City of Canandaigua;

WHEREAS, the City of Canandaigua will celebrate its Centennial as a city in 2013; and

WHEREAS, a committee of community members has been working to plan and schedule monthly events and programs throughout a yearlong celebration of this historic anniversary, including educational programs on the city’s history, and community events with themes commemorating the city’s heritage; and

WHEREAS, the City Council has been asked to appropriate funding in support of and for the promotion of such educational and community events, and for the coordination of the Centennial commemoration and related administrative activities;

NOW, THEREFORE, BE IT RESOLVED that the City of Canandaigua hereby establishes a budget of $34,000 in City funds, to be appropriated from contingency, for use in 2012 and 2013 in support of the Centennial celebration; and

BE IT FURTHER RESOLVED that the City Manager is authorized to negotiate and execute a contract to effect such purpose.

Council Discussion: Councilmember, Ward 4 Wade is not in support of this resolution, although in support of the Centennial Celebration, because it is too much for promotional expenses and it is more than we can afford. Councilmember-at-Large Bucci thanked the volunteers working on this celebration and events and this amount is not only for marketing and promotion but for the events as well. Councilmember, Ward 1 Whitcomb supports this resolution because this is an investment in our community. Councilmember, Ward 4 Wade further explained that this amount includes a fee to the Ontario County Historical Society for managing this event. Mayor Polimeni stated that the Committee will come back with a budget to determine how the funds will be spent. Councilmember, Ward 1 Whitcomb publicly stated that he is on the Board of Trustees of the Historical Society Councilmember.

The motion CARRIED on the following vote: AYES:Councilmember Ward 1 Whitcomb, Councilmember Ward 2 Winter, Councilmember Ward 3 White, Councilmember-at-Large Bucci, Councilmember-at-Large Taylor, Councilmember-at-Large Reston and Mayor Polimeni. NOES: Councilmember Ward 4 Wade. Resolution #2012-072: Councilmember-at-Large Bucci read the following Resolution and moved for its adoption. Councilmember, Ward 4 Wade seconded the motion.

A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMBERSHIP AGREEMENT WITH THE FINGER LAKES MUNICIPAL HEALTH INSURANCE TRUST (FLMHIT)

WHEREAS, the Finger Lakes Municipal Health Insurance Trust (FLMHIT) consists of multiple municipalities in Western New York; and

WHEREAS, the Trust was formalized to collectively purchase and offer various types of insurance to its membership; and

WHEREAS, the membership benefits from this trust by collectively purchasing insurance at a lower rate, customization of plan benefit design and offerings as well as the ownership of all defined benefits indefinitely; and

WHEREAS, the City of Canandaigua believes that membership within the FLMHIT will assist in the long-term sustainability of providing quality medical insurance to both the employer and employee in the future, while controlling premium increases and benefit reductions in the future; and

WHEREAS, the City of Canandaigua has been accepted by the Board of Trustees to join the FLMHIT and requires a Membership Agreement to finalize the partnership;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Canandaigua that the City Manager is authorized to execute a Membership Agreement and other documents necessary to join the FLMHIT in an effort to provide quality insurance benefits and premiums in the future.

The motion CARRIED UNANIMOUSLY on the following vote: AYES:Councilmember Ward 1 Whitcomb, Councilmember Ward 2 Winter, Councilmember Ward 3 White, Councilmember Ward 4 Wade, Councilmember-at-Large Bucci, Councilmember-at-Large Taylor, Councilmember-at-Large Reston and Mayor Polimeni. NOES: None.

Resolution #2012-073: Councilmember, Ward 4 Wade read the following Resolution and moved for its adoption. Councilmember, Ward 1 Whitcomb seconded the motion.

A RESOLUTION AUTHORIZING A CONTRACT WITH THE CANANDAIGUA CHAMBER OF COMMERCE FOR ECONOMIC DEVELOPMENT SERVICES

WHEREAS, the City of Canandaigua issued a Request for Proposals (RFP) for Professional Services to assist the City Council in its implementation of the City’s Strategic Economic Development Plan; and

WHEREAS, three proposals were received in response to the RFP; and

WHEREAS, interviews of the three respondents were conducted on September 25th by the City Council as a Committee of the Whole; and

WHEREAS, at its meeting on October 2nd, the Finance Committee recommended the award of a contract for Economic Development Services to the Canandaigua Chamber of Commerce.

NOW, THEREFORE, BE IT RESOLVED that the City of Canandaigua will enter into a multi-year contract with the Canandaigua Chamber of Commerce for Economic Development Services for $104,000. per year; and

BE IT FURTHER RESOLVED that, the City Manager is authorized to negotiate the Scope of Services to be appended to such contract, and upon mutual agreement to execute such contract.

Councilmember Ward 2 Winter recused himself because his wife is an employee of the Chamber of Commerce.

The motion CARRIED UNANIMOUSLY on the following vote: AYES:Councilmember Ward 1 Whitcomb, Councilmember Ward 3 White, Councilmember Ward 4 Wade, Councilmember-at-Large Bucci, Councilmember-at-Large Taylor, Councilmember-at-Large Reston and Mayor Polimeni. NOES: None.

Resolution #2012-074: Councilmember, Ward 3 White moved the following Resolution for its adoption. Councilmember- at-Large Reston seconded the motion.

A RESOLUTION AMENDING THE 2012 GENERAL AND TECHNOLOGY FUND BUDGETS OF THE CITY OF CANANDAIGUA

WHEREAS, the City Council of the City of Canandaigua adopted Resolution 2011-115 adopting the 2012 Budget; and

WHEREAS, amendments to the 2012 Budget are necessary to incorporate certain changes in revenues and expenditures as required; and

WHEREAS, these amendments were reviewed and approved at the October 2, 2012 Finance Committee meeting;

NOW, THEREFORE, BE IT RESOLVED that the 2012 General Fund Budget is hereby amended for an increase of $44,500 which will be entirely offset from contingency;

AND, BE IT FURTHER RESOLVED that the 2012 Technology Fund Budget is hereby amended for an increase of $126,912 which will be funded from Fund Balance.

The motion CARRIED UNANIMOUSLY on the following vote:

AYES:Councilmember Ward 1 Whitcomb, Councilmember Ward 2 Winter, Councilmember Ward 3 White, Councilmember Ward 4 Wade, Councilmember-at-Large Bucci, Councilmember-at-Large Taylor, Councilmember-at-Large Reston and Mayor Polimeni. NOES: None.

Resolution #2012-075: Councilmember, Ward 1 Whitcomb read the following Resolution and moved for its adoption. Councilmember-at-Large Bucci seconded the motion.

A RESOLUTION AMENDING THE 2012 COMPENSATION PLAN

WHEREAS, the City Council of the City of Canandaigua adopted Resolution 2011-115 adopting the 2012 Budget; and

WHEREAS, the 2012 Compensation Plan for permanent full-time employees (non-union) was included in the adopted Budget document; and

WHEREAS, the City Manager has recommended that the 2012 Compensation Plan be amended to modify the amount and terms of the one-year salary increase for the Public Works Director;

NOW, THEREFORE, BE IT RESOLVED that the 2012 Compensation is hereby amended as per the attached page. The motion CARRIED UNANIMOUSLY on the following vote: AYES:Councilmember Ward 1 Whitcomb, Councilmember Ward 2 Winter, Councilmember Ward 3 White, Councilmember Ward 4 Wade, Councilmember-at-Large Bucci, Councilmember-at-Large Taylor, Councilmember-at-Large Reston and Mayor Polimeni. NOES: None.

Ordinances:

Ordinance #2012-008: (Introduced and tabled at the July 5, 2012 Council meeting)

AN ORDINANCE AMENDING CHAPTER 748 OF THE MUNICIPAL CODE ENTITLED “HOUSING STANDARDS” IN ORDER TO BE CONSISTENT WITH NEW YORK STATE LAW

Remains on the Table Local Law: None

Bills: No Report

Manager's Report: City Manager James gave the following report:

 The leaves are starting to fall and will be picked up if they are in a brown bag, otherwise the leaf collection program at curbside will begin around November 1st.  The Beach clean-up project is scheduled to start in mid October.  We are working on the Niagara St parking lot and sidewalk.  We need to schedule interview dates for board vacancies.  The budget will be released on Thursday November 1st and the first budget workshop will be on Thursday November 8th.

Miscellaneous:  Planning Commission Appointment: Councilmember-at-Large Bucci moves to appoint Stan Taylor to the Planning Commission. Councilmember-at-Large Taylor seconded the motion. Vote Result: Carried unanimously by voice vote  The interview date for board vacancies will be on October 30th  Councilmember, Ward 1 Whitcomb: The next ordinance meeting will focus on the lakefront with an update on code violations and corresponding action plans.  Councilmember Ward 2 Winter: Reminder to everyone that election day is coming up and it is important to vote.  Councilmember, Ward 3 White: On October 21st , 23 high school French students are coming to the area and staying with host families. On Tuesday October 23rd there will be a reception here at City Hall to welcome them to our community.  Councilmember-at-Large Bucci: Tomorrow is emergency evacuation day at the school.  Councilmember-at-Large Taylor: Took a tour of the VA facility with Councilmember-at- Large Bucci and was very impressed with the projects they have such as a 6 million maintenance contract which uses 80% local sources, increasing their suicide prevention program, and are using led lights in the parking lots. We have opportunities to partner with them in many ways.  Councilmember-at-Large Taylor: Over the winter will head up a trail beautification project and if anyone interested in this can contact him via email.  Councilmember-at-Large Reston: Chairing the meat raffle at St. Mary’s school which will be held on November 3rd. Adjournment: Councilmember, Ward 1 Whitcomb moved to adjourn at 8:07 PM. Councilmember, Ward 3 White seconded the motion. Vote Result: Carried unanimously by voice vote.

Nancy C. Abdallah City Clerk-Treasurer