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January 9, 2012 Regular Council Meeting Niagara

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JANUARY 9, 2012 REGULAR COUNCIL MEETING NIAGARA FALLS, NEW YORK The first session of the January 9, 2012 Niagara Falls City Council Meeting was called to order by Council Chairman Samuel Fruscione at 4:08 p.m. in the Council Chambers. Present: Council Chairman Samuel Fruscione, Council Members Robert Anderson, Glenn Choolokian, Kristen Grandinetti and Charles Walker Also present: Mayor Paul A. Dyster, City Administrator Donna D. Owens, Corporation Counsel Craig H. Johnson, Deputy Corporation Counsel Thomas O’Donnell and City Controller Maria Brown. Council Member Walker moved to approve the Minutes from the City Council Meeting of December 27, 2011. Yeas 5 Nays 0 APPROVED Brian Skinner of National Grid presented a check for $6400 to Mayor Paul Dyster and Arborist Paul Dickinson as reimbursement for trees planted in the City as part of the “Right Tree, Right Place” Program. In the Administrative Update: 1. City Administrator Donna Owens reported that the positions of Fire Chief, Human Resources Director and Community Development Director had been advertised in the Niagara Gazette, Buffalo News and various professional publications. The deadline for responses is January 26, after which time the interview process will begin, and the filling of the Department Head positions is a priority for the Administration. Chairman Fruscione asked Controller Maria Brown if giving the Battalion Chiefs in the Fire Department acting pay in the absence of a Chief has cost more in overtime that the actual salary of a Fire Chief, and Mrs. Brown responded that the Battalion Chiefs have been very watchful of the overtime expenditures, but she will research the actual costs and report back to the Council. Mayor Dyster added that he would contact the persons who had applied for the Fire Chief position before the November Election to see if any of them were still interested in the position. The City Administrator added that the Human Resources and Community Development Departments have Acting Department Heads who are within the Department. Council Member Choolokian asked if any persons within the various Departments had expressed an interest in the Department Head position, and the City Administrator responded that there had been some applications from persons within the Departments. Council Member Choolokian asked that consideration be given to promoting persons within the Departments wherever possible. 2. Director of Public Works David Kinney spoke on the process for the paving of the City Hall Parking Lot, and Mrs. Brown added that the Project cost will be in the six figure amount. Mayor Dyster spoke on the Governor’s State of the State Address, and said that he feels the City will benefit from the Governor’s economic initiative for Buffalo. Chairman Fruscione asked the Mayor if he had any further information on the status of the Casino funds that were due to the City, and the Mayor stated that the City will continue to push for the funds that are due. Council Member Choolokian stated that the Mayor and Council must work together to resolve the issue. Council Member Anderson added that, in negotiating a new package for use of Casino funds, one use for the funds must be to reduce taxes. This Session ended at 4:40 PM Chairman Fruscione reconvened the Meeting at 7:00 p.m. in the Council Chambers with all Council Members present. The prayer was said by Council Member Anderson and the Chairman led the gathering in the Pledge of Allegiance to the Flag. The scheduled Presentation by the National Historic Trust/Preservation Buffalo-Niagara, honoring the Niagara Day Organizers, was not given. The Chairman asked if anyone wished to speak on Agenda Items or community interests, and the following spoke: Paul Gromosiak War of 1812 events in Niagara Falls; Niagara Experience Center Ron Anderluh National Grid check to the City; Landlord Registration Ordinance; privatize parking; vacant Department Head positions; Revitalization Coordinator Positions funding Candace Corsaro Congratulations to Council Members Anderson and Choolokian; KABOOM meeting; Hyde Park Business Association Dinner & Awards Arthur Garabedian Work with NFR to build International Center downtown using State incentives THE FOLLOWING COMMUNICATION WAS SUBMITTED BY THE CITY CLERK Agenda Item #1 CLAIM REPORT FOR THE MONTH OF DECEMBER 2011 THIS ITEM WAS RECEIVED AND FILED THE FOLLOWING COMMUNICATIONS WERE SUBMITTED BY THE MAYOR NFC DEVELOPMENT CORP., GRANT FOR 2012 BUDGET Agenda Item #2 The 2012 N.F.C. Development Corp. operating budget requires an additional $6,890 to meet anticipated expenses. As you recall, NFC is being funded entirely with casino revenues. Funds are available from the local share of casino revenues received by the City. State Finance Law 99-h states funds may be used to accommodate and enhance economic development. Will the Council vote to approve the operating grant as set forth herein, and authorize the Mayor to execute any documents necessary to effectuate the same? Council Member Walker moved that the communication be received and filed and the recommendation approved. Yeas 5 Nays 0 APPROVED 01/09/2012 CONTRACT: 1128 LINWOOD AVE., DEMOLITITION, MARK CERRONE, INC., CHANGE ORDER Agenda Item #3 Mark Cerrone, Inc., the demolition contractor for contract CD 2010-3, contacted Community Development in early 2011. The contractor stated that they had removed an additional 1,000 square feet of plaster containing asbestos from 1128 Linwood Avenue, one of the houses demolished in December, 2010. The contractor had removed the plaster without contacting the City for authorization. The report of JMD Environmental, Inc., the City asbestos services contractor which monitored the demolition, did not indicate that additional asbestos containing material had been removed. Mark Cerrone, Inc. was asked to provide some documentation of the additional material. On August 2, 2011, Mark Cerrone, Inc. provided a revised project monitor final inspection report from JMD Environmental, Inc. for 1128 Linwood. The revised report stated that all ACM (asbestos containing materials) that was listed on the initial survey was removed, plus an additional 1,000 square feet of plaster. JMD also submitted a revised asbestos survey listing the additional plaster. During August, the City was in litigation with JMD Environmental over the award of the 2011-2012 asbestos services contract. In that litigation, the City successfully defended its award of the 2011-2012 asbestos services agreement through RFP, without sealed bids. Since the litigation is now resolved, it is felt that the City can rely on the documentation provided by Mark Cerrone, Inc. and JMD Environmental, Inc. to approve the change order. The charge for the removal and disposal of the additional 1,000 square feet of plaster containing asbestos is $8,999.00. Funds to pay for the additional cost are available for project CDR 399 in budget line CD1.8666.0000.0450.500. Will the Council vote to approve change order and payment as set forth herein, and authorize the Mayor to execute any documents necessary to effectuate the same? Council Member Walker moved that the communication be received and filed and the recommendation approved. Yeas 5 Nays 0 39 TH STREET SCHOOL, ASBESTOS ABATEMENT, BROWNFIELD DEVELOPMENT GRANT Agenda Item #4 The City has received a $200,000.00 grant from the Niagara County Brownfield Development Corporation for asbestos abatement at the former 39 th Street School. No City match is required under the grant. Will the Council approve acceptance of the grant and authorize the Mayor to execute grant agreements and other documentation in a form acceptable to the Corporation Counsel? Council Member Choolokian moved that the communication be received and filed and the recommendation approved. Yeas 5 Nays 0 APPROVED 01/09/2012 PUBLIC WORKS DEPT., STREET OPENINGS, FUNDING Agenda Item #5 The Director of the Department of Public Works is requesting the sum of $100,000 to be utilized for street openings. Funding is available from Special Projects Fund Balance to be replenished when Casino Revenues become available. Will the Council so approve? Council Member Anderson moved that the communication be received and filed and the recommendation approved. Yeas 5 Nays 0 APPROVED Council Member Choolokian said the Council & Mayor need to work together to get the Casino Funds released for projects like this. THE FOLLOWING CLAIM WAS SUBMITTED BY THE CORPORATION COUNSEL CLAIM: SPANBAUER, MARY Agenda Item #6 The above claimant has incurred medical expenses for personal injuries suffered by her when she was being transported back to Niagara Falls High School in a police vehicle after serving as a volunteer at the City’s recent Emergency Drill on November 16, 2011. Under the New York State No-Fault Law, the City of Niagara Falls, as a self-insured entity, is obligated to pay the claimant’s medical expenses arising out of this incident. If the same meets with your approval, please vote to direct the City Clerk to draw a warrant on the City Controller directing her to issue the following check: Provider Date of Service Amount Niagara Frontier Radiology 11/16/11 $16.42 Federico Doldan MD 12/20/2011 $914.73 Mount Saint Mary’s Hospital 12/20/2011 $1187.97 Please be advised that there may be further medical bills which will have to be paid pursuant to the New York State No-Fault Law. Will the Council so approve? Council Member Walker moved that the communication be received and filed and the recommendation approved. Yeas 5 Nays 0 APPROVED THE FOLLOWING COMMUNICATION WAS SUBMITTED BY THE CITY CLERK Agenda Item #7 Please be advised that Mayor Paul A. Dyster, on December 29, 2011, Duly approved the following: Resolution 2011-100, relative to Amending Chapter 365 of the Codified Ordinances Entitled “Taxicabs & Taxicab Drivers.” THIS ITEM WAS RECEIVED AND FILED 01/09/2012 RESOLUTION: KING, JR., DR.
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