Friday, April 20, 2012

Olean Common Council Agenda


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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