REGULAR MEETING OF THE COMMON COUNCIL
Tuesday, April 24, 2012
1.
ROLL-CALL
2.
INVOCATION
3.
PLEDGE
4.
READING, CORRECTING, AND APPROVAL OF THE MINUTES OF
THE PREVIOUS REGULAR MEETING:
“The
Regular Meeting of the Olean Common Council was held on Tuesday, April 10, 2012,
at 7:30 p.m.”
PRESENT: Aldermen
Brady, McLaughlin, Kamery, Keller, Finch, and Morgan
ABSENT:
OFFICIALS: Mayor Linda Witte; Alexander Utecht, City Clerk;
Fred Saradin, Auditor; Bob Bell, Fire Chief and Tom Windus, Director of Public
Works
5.
COMMITTEE REPORTS AND UNFINISHED COUNCIL BUSINESS
Report
from the Committee of the Whole on PL#09-12, to authorize Mayor Witte to sign
& enter into a Shared Services Agreement with the Town of Olean to provide
a cost-effective way of providing services by the sharing of machinery,
equipment and supplies. Committee recommends approval. Referred to City
Attorney for resolution.
Report
from the Committee of the Whole on PL#14-12, to authorize Mayor Witte to sign
& enter into a Shared Services Agreement with Cattaraugus County to provide
a cost-effective way of providing services by the sharing of machinery,
equipment & supplies. Committee recommends approval. Referred to City
Attorney for resolution.
Report
from Committee of the Whole on PL#21-12, to transfer $30,000 from City-Wide
Sidewalk Reserve Fund to Resurfacing Account for sidewalk repair work
throughout the city. Committee recommends approval. Referred to City Attorney
for resolution.
Report
from the Committee of the Whole on PL#18-12, to transfer $25,000 from Snow
Removal (Salt, Sand) to City-Wide Sidewalk Reserve Fund. Committee recommends
approval. Referred to City Attorney for resolution.
Report
from the Committee of the Whole PL#19-12, to authorize the auction of the
following properties owned by the City of Olean: 1526 River St; 1717 Lundy’s
Ln; 1116 Queen St; 933 Donnelly Ave; 214 Front St; 107 W Green St. Committee
recommends approval. Referred to City Attorney for resolution.
Report
from the Committee of the Whole on PL#20-12, to amend Resolution #58-11 to
extend the enforcement of the two (2) handicapped parking spaces on First
Avenue until June 4, 2012. Committee recommends approval. Referred to City
Attorney for resolution.
Report
from the Committee of the Whole on PL#22-12, that the Common Council, as Lead
Agency, declares the East Olean Reconstruction Project will result in no major
impacts, and thus issues a Negative Declaration under the State Environmental
Quality Review Act. Committee recommends approval. Referred to City Attorney
for resolution.
Report
from the Committee of the Whole on PL#23-12, to approve the following Loan
Applications per the recommendations of the Project Loan Committee: OHAP #’s 40-04,
10-04, 02-00. Committee recommends approval. Referred to City Attorney for
resolution.
6.
COMMUNICATIONS FROM THE MAYOR
Special
Proclamation for Arbor Day, April 27, 2012
7.
MISCELLANEOUS COMMUNICATIONS
Application
for a Liquor License: Talty’s Irish Pub, 535 North Union Street
8.
CITY OFFICIAL REPORTS
Monthly
Report of the City Auditor, Month Ended March 31, 2012
9.
PROPOSED LEGISLATION & REFERRALS
PL#24-12:
(Witte) to authorize Mayor Witte to sign a three year contact extension with
Siemens Industry Inc. for maintenance & adjustment of critical PLC based
controls at the Water Filtration Plant and Wastewater Treatment Plant
PL#25-12:
(Witte) to authorize Mayor Witte to enter into a professional services
agreement with Vito Sportelli relating to planning services associated with the
development and administration of the Olean Area Transit System
PL#26-12:
(Finch) to transfer $75,000 from the General Fund Contingency to Maintenance of
Streets for CHIP sealing
PL#27-12: (Finch) to
amend City of Olean Code of Local Laws Section 5-17(d)(3) (Sidewalk
Construction) to state "The expense of replacing or repairing sidewalk
when damage to said sidewalk is determined by the Director of Public Works to
be caused by trees planted by direction of the City in subways."
10.
PUBLIC COMMENT/INPUT (5 MINUTE LIMIT PER SPEAKER)
11.
FINANCE-BILLS
By Alderman __________ Seconded by Alderman ______________
The
Auditor has processed bills and claims against the City of Olean as per list
submitted to each Alderman and recommends payment thereof.
whereas, the Auditor has presented to the Common Council,
bills and claims against the City of Olean totaling $524,650.77 for the budget
and recommends payment thereof,
now, therefore,
be it resolved, that the same be and
are hereby audited and allowed, and the Auditor is hereby authorized and
directed to draw warrants for the payment thereof at the amounts set opposite
each respective claim.
12.
RESOLUTIONS
RESOLUTION#14-12
PL#09-12
By
Alderman McLaughlin Seconded by Alderman Kamery
resolution authorizing the mayor to sign a shared services
agreement with the town of olean for the use of machinery, equipment and
supplies
whereas, the City of Olean (“City”)
and the Town of Olean (“Town”) are desirous of avoiding costs associated with
the purchase of certain needed highway machinery and equipment, and the
purchase or storage of a large inventory of certain extra materials and
supplies; and
whereas, the sharing of such machinery, equipment and supplies is a cost
effective method of providing services to the residents of the City and the
Town.
it is therefore resolved, that the Mayor be, and hereby is, authorized on
behalf of the City of Olean, to execute the contract between the City of Olean
and the Town of Olean for Shared Highway Services.
it is further resolved, this resolution will be effective immediately.
RESOLUTION#15-12
PL#14-12
By
Alderman Finch Seconded by Alderman Morgan
resolution authorizing the mayor to sign a shared services
agreement with cattaraugus county for the use of machinery, equipment and
supplies
whereas, the City of Olean (“City”)
and Cattaraugus County (“County”) are desirous of avoiding costs associated
with the purchase of certain needed highway machinery and equipment, and the
purchase or storage of a large inventory of certain extra materials and
supplies; and
whereas, the sharing of such machinery, equipment and supplies is a cost
effective method of providing services to the residents of the City and the
County.
it is therefore resolved, that the Mayor be, and hereby is, authorized on
behalf of the City of Olean, to execute the contract between the City of Olean
and Cattaraugus County for Shared Highway Services.
it is further resolved, this resolution will be effective immediately.
RESOLUTION
#16-12
PL #21-12
By
Alderman McLaughlin Seconded by Alderman Keller
authorizing the
transfer of funds from the city-wide sidewalk reserve fund to resurfacing
account for sidewalk repair work throughout the city
whereas, outlined goals of the Multi-Year Capital Plan
includes the maintenance of City’s infrastructure, promotion of economic
growth, maintenance of a vital downtown, and protection of the integrity and
character of residential neighborhoods; and
whereas, the Common Council, pursuant to Section 6-c of the
General Municipal Law, as amended, established a capital reserve fund to be
known as the “City Wide Sidewalk Reserve Fund.”
The purpose of this Reserve Fund is to accumulate moneys to finance the
cost of capital improvements. The type
of capital improvements to be financed from the Reserve Fund is the
reconstruction/construction of sidewalks city-wide.
now, therefore,
be it resolved, that $30,000 shall be
transferred from Capital Reserve Fund #150 (City Wide Sidewalk Reserve Fund) to
line item 5110.412 (Maintenance of Streets/Sidewalks - Resurfacing) for
sidewalk repair work throughout the city.
be it further
resolved, that this resolution will
be effective immediately.
RESOLUTION
#17-12
PL #18-12
By
Alderman McLaughlin Seconded by Alderman Morgan
authorizing the
transfer of funds from snow removal to city-wide sidewalk reserve fund
whereas, outlined goals of the Multi-Year Capital Plan
includes the maintenance of City’s infrastructure, promotion of economic
growth, maintenance of a vital downtown, and protection of the integrity and
character of residential neighborhoods; and
whereas, the Common Council, pursuant to Section 6-c of the
General Municipal Law, as amended, established a capital reserve fund to be
known as the “City Wide Sidewalk Reserve Fund.”
The purpose of this Reserve Fund is to accumulate moneys to finance the
cost of capital improvements. The type
of capital improvements to be financed from the Reserve Fund is the
reconstruction/construction of sidewalks city-wide.
now, therefore,
be it resolved, that $25,000 shall be
transferred from line item 5142.412 (Snow Removal - Salt, Sand) to Capital
Reserve Fund #150 (City Wide Sidewalk Reserve Fund) to continue the means of
this capital improvement.
be it further
resolved, that this resolution will
be effective immediately.
RESOLUTION #18-12
PL # 20-12
By Alderman Brady Seconded by Alderman Kamery
resolution to extend the enforcement of the temporarily
installed handicapped parking spaces on the 500 block of First Avenue
through june 4, 2012
whereas, two (2) temporary handicapped parking spaces were
installed on the 500 block of First Avenue and enforced through March 31, 2012;
and
whereas, the Common Council desires to extend the time period
of the enforcement through June 4, 2012.
now, therefore, be it resolved, Resolution
58-11 is hereby amended and that the two
(2) temporary handicapped parking spaces shall be installed and enforced
through June 4, 2012.
be it further resolved, that the aforementioned handicapped parking spaces
shall be for a temporary period of time of which shall be governed and enforced
pursuant to the provisions of Section 24-113 (a) through (d).
RESOLUTION
#19‑12
PL #22-12
By Alderman Finch Seconded by Alderman McLaughlin
resolution of
the olean common council declaring the east state street reconstruction project
will result in no major impacts and will not cause significant damage to the
environment and makes a negative
declaration under seqr
whereas, on
February 28, 2012 the City of Olean Common Council declared the reconstruction
of East State Street from Front to King Streets and Unlisted Action and
requested Lead Agency status for the purpose of Environmental Review under the
New York State Environmental Quality Review Act, and
whereas, the
Common Council, in its capacity of Lead Agency, has caused to be prepared an
environmental assessment of the significance of and potential environmental
impact of the action described above, and
whereas, on
February 29, 2012 the Common Council notified the Involved and Interested
Agencies of its intention to act as Lead Agency for this project and circulated
Parts I and II of the Environmental Assessment Form (EAF), and
whereas,
comments received from Involved and Interested Agencies have been addressed in
the Negative Declaration and the City will continue to work with Federal, State
and local agencies until all necessary permits and approvals have been
obtained, and
now, therefore be it resolved, the Common Council has considered the Environmental
Record prepared for this action, including any comments received from Involved
and Interested Agencies, and the proposed Negative Declaration.
be it further resolved, the Common Council has determined that, based on the
Environmental Record which has been prepared, the project will result in no
major impacts and will not cause significant damage to the environment. A Negative Declaration under SEQR is
therefore issued for this project.
it is resolved, that this resolution will be effective immediately.
RESOLUTION #20-12
PL #23-12
By Alderman McLaughlin
Seconded by Alderman Finch
authorizing the mayor to execute subordination agreements per first
time homebuyers’ requests
whereas, the Department of Community Development receives
requests from three first-time homebuyers to subordinate the City’s lien
positions with respect to the grant/loan funds provided to them under the
Homeownership Assistance Program, and
whereas, the City of Olean’ Project Loan Committee has
reviewed said requests and recommends approval of the following applications:
OHAP #40—04
OHAP #10—04
OHAP #02—00
now, therefore
be it resolved that the Council
approves the above-identified requests and authorizes the Mayor to execute the
respective subordination agreements pending the City Attorney’s review and
approval.
it is
further resolved, that this resolution will be effective immediately
RESOLution
#21‑12
PL
# 19-12
By Alderman Finch Seconded by Alderman McLaughlin
resolution authorizing the sale of
property at 1717 lundy ln, 933 donnelly ave,
214 front st., and 107 west greene st.
whereas, the City of Olean wishes to place the following properties for bid:
“1717 Lundy’s Lane”, tax map
#94.047-1-52, and
“933 Donnelly Avenue”, tax
map #94.059-3-30, and
“214 Front Street”, tax map
#94.066-2-1, and
“107 West Greene Street”,
tax map #94.073-5-30
whereas, the City of Olean believes it would be in the best interest of the
City to place these properties, which are not serving a municipal purpose, up
for sale.
resolved, the properties described as follows: “1717 Lundy’s Lane”, tax map
#94.047-1-52, “933 Donnelly Avenue”, tax map #94.059-3-30, “214 Front Street”,
tax map #94.066-2-1, and “107 West Greene Street”, tax map #94.073-5-30, shall
be sold.
it is further resolved, that this resolution will be effective immediately.
13.
ADJOURNMENT
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