Common Council

REGULAR MEETING OF THE COMMON COUNCIL JUNE 28, 2023 7:00 PM PRESENT: Mayor Sandra Magiera Council Members: John Hill, Kylee Johnson, Barry Smith, Michael Reed, Janet Koch City Clerk: Tracy Chamberlain Grant Writer: Sandra Brundage BPU General Manager: Dennis Hensel BPU Electric Department Supervisor: Jeffrey Pond Jr. Police Commission Member: Robert Kennedy Mayor Magiera called the meeting to order at 7:08 PM. After the Pledge of Allegiance, Mayor Magiera asked for a moment of silence. Moved by Johnson and seconded by Smith: RESOLVED: That we hereby approve and dispense with the reading of the minutes of the last regular meeting of June 14, 2023, with the following changes added as suggested by Council Member Koch under public discussion: Therefore, there is no legal charges to be places for the courts to proceed **on any dispensary. Resident Adam Hasley is concerned with illegal sales to minors and how this can be enforced **in the City. Code Enforcement Officer Smith noted that there is concern, from a medics’ perspective, with the ingredients in the products being sold **in the City. After discussion Mayor Magiera stated unfortunately the City’s hands are tied, however, she will contact the SNI for information on their regulations **concerning dispensaries the City. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Johnson and seconded by Smith: RESOLVED: That we hereby accept the sole bid of Plyler Entry Systems, Jamestown, NY, replacement of seven (7) Fire Station overhead garage doors and openers with Firehouse accessory traffic lighting in the amount of $41,025.00. Such bid is attached and made part of these minutes. Grant Writer Brundage noted this project will be reimbursed through the US Department of Energy grant. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Koch and seconded by Reed: RESOLVED: That we hereby authorize the City to submit a Game Time Challenge Course Youth 2000 Fitness equipment grant application for funds of $50,000.00 for the purchase of replacement fitness equipment at the Youth Center, with the City to provide $9,062.00, for a total project cost of $59,062.00, and  REGULAR MEETING OF THE COMMON COUNCIL JUNE 28, 2023 PAGE TWO BE IT FURTHER RESOLVED: That the we hereby authorize the Mayor to sign required documents. Grant Writer Brundage noted the Youth Bureau staff has been working on this grant. It will replace equipment that was donated in 2009. She also noted there are funds in the 2023-24 Budget to cover the amount. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Koch and seconded by Smith: RESOLVED: That we hereby authorize the sale of the following properties to the highest bidder from the property sale auction held on June 17, 2023. These are to be sold according to the Property Auction Terms and Conditions, with the purchaser to pay all closing fees/costs, deed filing fees, the cost of the Seneca Nation Indian Lease Assignment and cost related to recording paperwork with Cattaraugus County: Acct # Property Address Tax Map # Name of Bidder Bid Amount 1 00817 40 Conrath Ave 73.073-4-17 Melinda Palmer $8,500.00 2 00896 126 Division Street 73.079-10-22 Heather Jackson $14,000.00 3 01041 193 Elm Street 73.072-1-25 Andrew Hutchison $6,000.00 4 01293 356 Front Ave 73.070-1-8 Kamryn Flagg $9,000.00 5 01302 420 Front Ave 73.069-2-10 Jeffrey Giammaresi $9,500.00 6 01515 51 High Street 73.070-2-17 Carlyn Larkin $5,700.00 7 03252 726 Wildwood Ave 73.073-8-11 Charles Westfall $12,500.00 8 Next Four parcels sold as one 00719.2 a. Clifton St 73.057-1-15.1 Tim Haynoski $7,200.00 00719.4 b. Clifton St 73.057-1-16 01594 c. Highland Ave 73.057-1-5 01595 d. 269 Highland Ave 73.057-1-4 9 01596 Highland Ave Lot 73.057-1-3 Louis & Dawn Fish $1,000.00 10 01597 Highland Ave Rear Lot 73.057-1-14 Dale Forrester $300.00 11 Next five parcels sold as one 02723 a. East State St 73.063-2-6 Josh Becker $4,500.00 02721 b. East State St 73.063-2-8 02802 c. West State St 73.063-2-9 02804 d. West State St 73.063-2-10 02805 e. West State St. 73.063-2-11  REGULAR MEETING OF THE COMMON COUNCIL JUNE 28, 2023 PAGE THREE 12 Next two parcels sold as one Aaron Crane $900.00 02736 a. East State Street 73.064-1-24 02735 b. East State Street 73.064-1-25 13 00460 Center Street 73.053-1-2 Melinda Palmer $1,000.00 14 01153.1 Fair Oak Street Lot 73.061-1-13.1 Karina Lingenfelter $14,000.00 15 02728 East State St 73.063-2-4 John Williams $1,500.00 16 02816 West State St 73.063-2-18 Jack Redeye $500.00 17 Next three parcels sold as one 01956.2 235 Main St 73.071-1-1.1 Gordon Brown $100,000.00 01956.1 231 Main St 73.071-1-1.3 02869.A West State St (Rear of Main) 73.071-1-1.2 18 02654 East State St 73.072-1-16 Carlyn Larkin $850.00 19 02645 East State St 73.072-1-8 Josh Becker $300.00 20 01930 Main St 73.072-2-20 Jack Redeye $5,000.00 21 02251.R Parkway Drive 73.080-2-28 Aaron Crane $400.00 22 00770 Clinton St 73.080-2-5 Hunter Palmer- Baker $2,000.00 23 01771 Lexington Ave 73.080-4-21 Lori & Terry Koniak $1,000.00 24 01113 Fairmount Ave 73.080-4-29 Josh Becker $6,900.00 25 00403 Carlton Ave 73.080-6-14 John Santiago $850.00 26 00391 Carlton Ave 73.080-6-4 Gina Hill $2,200.00 27 01680.R Jewett Ave 82.023-2-42 Dale Forrester $100.00 28 00970 East Street 82.023-2-48 Michael Williams $300.00 29 Next two parcels sold as one 02521.C Scenic Drive 82.023-3-3 Hunter Palmer- Baker $5,600.00 02521.1B Scenic Drive 82.023-3-4 30 Next three parcels sold as one 02521.A Scenic Drive 82.023-3-7 Jack Redeye $20,000.00 01111 Fairmount Ave 82.023-3-8 01112 Fairmount Ave 82.023-3-9 31 02278 Parkway Drive 82.024-2-8 Melinda Palmer $4,000.00 Council Member Reed asked about removing properties with structures in need of demolition. After some discussion, the Council decided before future auctions, that properties should be looked into with Code Enforcement. The Council can then choose to demo structures before offering the property for sale. Adopted Ayes: Hill, Johnson, Smith, Koch Nays: Reed  REGULAR MEETING OF THE COMMON COUNCIL JUNE 28, 2023 PAGE FOUR Moved by Koch and seconded by Johnson: RESOLVED: That we hereby amend the starting date for Jordan Grinols for Full-time Police Officer from the Civil Service eligible list to June 29, 2023 and Zachary Hemphill for Full-time Police Officer from the Civil Service eligible list to June 29, 2023. It is noted these officers were originally appointed at the April 12, 2023 Council meeting. This revision is due to the required Police Registry paperwork for the Police Academy. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Hill and seconded by Smith: RESOLVED: That we hereby appoint the following: LIBRARY BOARD OF TRUSTEES Appointment of Patricia Magara, Salamanca, NY, to fill the unexpired term of Nan Miller, who resigned, beginning June 29, 2023 and ending January 31, 2026. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Hill and seconded by Johnson: RESOLVED: That we hereby waive the agenda rule to consider other business. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Reed and seconded by Hill: RESOLVED: That we hereby confirm the appointments of Gorge Jimenez, Salamanca, NY as Part-time DPW Laborer effective May 30, 2023 at minimum wage of $14.20 at 30 hours per week and Jerome Strang, Salamanca, NY as Part-time Laborer effective July 5, 2023 at minimum wage $14.20 at 30 hours per week Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None  REGULAR MEETING OF THE COMMON COUNCIL JUNE 28, 2023 PAGE FIVE Moved by Koch and seconded by Smith: RESOLVED: That we hereby authorize the City Clerk to issue a Fireworks Permit to Apollo Canna Co. and Skylighters of New York, LLC for a firework display to be held on Saturday, July 8, 2023 at dusk. It was noted the Police Chief, Fire Chief and Building Code Inspector have approved the location and the proper proof of liability insurance and a Federal Explosives License/Permit has been submitted to the City Clerk. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Under Communications from the Mayor and Council:  Mayor Magiera noted that the Council needs to decide if the light poles should be removed from the parking lot on the corner of Clinton Street and Main Street. She noted the lights are not functioning and need to be painted. General Manager Hensel noted that new fixtures could be installed on the side of the Theater building to help with security. Moved by Hill and seconded by Johnson: RESOLVED: That we hereby authorize the removal of the light poles in the parking lot on the corner of Clinton Street and Main Street and obtain quotes for installation of fixtures on the Ray Evans Seneca Theater. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None  Mayor Magiera stated she has a lot to discuss and would like to hold a work session. She noted the City did not receive the records management grant, however a new records room needs to be built.  Council Member Smith read the attached letter from Empire Animal Rescue Society (EARS). He noted there were 19 animals taken care of at the spay/neuter clinic. Dog Control Officer Tim Haynoski noted that it went good for the first event. Council Member Smith thanked DCO Haynoski for his help.  Clerk Chamberlain provided the Council with the bids received for City Hall window replacement. This will appear on the July 12th Council Agenda. Moved by Smith and seconded by Hill: RESOLVED: That the bills be paid as warranted and recommended by the appropriate Commissions and/or Department Heads, the City Comptroller and City Clerk and that the reports of the Police Chief for the month of May 2023 are hereby accepted and filed.  REGULAR MEETING OF THE COMMON COUNCIL JUNE 28, 2023 PAGE SIX Vendor Payment Payment Number Vendor Name Date Amount Number 0193 GALLS PARENT HOLDINGS, LLC 06/19/2023 145.40 1868 9014 HUNT ENGINEERS ARCHITECTS & LAND SURV 06/19/2023 9,000.00 1869 0481 MIKE P QUIGLEY 06/19/2023 3,800.00 1870 0526 PATROLPC 06/19/2023 564.26 1871 0931 RICOH USA (PO BOX 41564) 06/19/2023 57.89 1872 0575 SHERWIN‐WILLIAMS 06/19/2023 157.00 1873 0098 WORTH W SMITH 06/19/2023 32.98 1874 1171 COURTNEY JAMES 06/20/2023 130.40 1876 1205 HIGHMARK BCBSWNY (MEDICARE 286543) 06/26/2023 2,412.00 1877 1134 PROFESSIONAL AMBULANCE BILLING LLC 06/26/2023 8,541.84 1878 1046 SANDRA MAGIERA 06/26/2023 131.92 1879 0412 TOM STURDEVANT 06/26/2023 24.27 1880 0544 ROBERT CARPENTER 06/27/2023 139.98 1881 1239 ASAP OF OLEAN 06/30/2023 998.11 1882 1097 BREEZELINE 06/30/2023 351.40 1883 0081 CATTARAUGUS COUNTY REAL PROPERTY 06/30/2023 2,787.00 1884 8078 CROSBY‐O'MANN, INC 06/30/2023 683.60 1885 1105 JAMES B SCHWAB CO 06/30/2023 30.79 1886 0831 METROPOLITAN TELECOMMUNICATIONS 06/30/2023 2,781.68 1887 0570 SCOTT J COLLINS 06/30/2023 1,459.00 1888 0415 ADAM'S SERVICES, LLC 06/30/2023 175.00 1889 0278 AIRGAS USA, LLC 06/30/2023 189.04 1890 1238 AMAZON CAPTIAL SERVICES 06/30/2023 315.46 1891 0055 BOYLE'S MOTOR SALES INC. 06/30/2023 457.48 1892 0366 BRUTE SPRING & EQUIPMENT INC. 06/30/2023 1,196.60 1893 0565 CAPPELLINO CHEVROLET 06/30/2023 14,817.00 1894 0571 CYNCON EQUIPMENT, INC 06/30/2023 61.48 1895 0164 GRAINGER 06/30/2023 35.00 1896 0175 JAMESTOWN SOAP & SOLVENT, INC. 06/30/2023 1,877.60 1897 1091 KURK FUEL COMPANY 06/30/2023 14,285.00 1898 0563 M.I.S. OF AMERICA, INC. 06/30/2023 306.00 1899 0248 NATIONAL FUEL 06/30/2023 884.02 1900 0568 NEW ENTERPRISE STONE & LIME CO., INC 06/30/2023 6,651.62 1901 0515 NOCO ENERGY CORP. 06/30/2023 14,552.24 1902 0469 STRATE WELDING SUPPLY CO., INC. 06/30/2023 36.84 1903 1052 TWIN TIERS OVERHEAD DOORS, INC. 06/30/2023 724.09 1904 0491 UNIFIRST CORPORATION 06/30/2023 257.98 1905 0429 VALPRO SANITARY SUPPLIES, INC. 06/30/2023 386.80 1906 0017 ACME BUSINESS MACHINES 06/30/2023 119.41 1907 0278 AIRGAS USA, LLC 06/30/2023 214.14 1908 0581 BOUND TREE MEDICAL, INC. 06/30/2023 311.63 1909  REGULAR MEETING OF THE COMMON COUNCIL JUNE 28, 2023 PAGE SEVEN 0383 FLEETPRIDE 06/30/2023 192.29 1910 0074 GORMAN ENTERPRISES 06/30/2023 1,788.00 1911 0619 INCIDENT RESPONSE & MITIGATION SERVICES 06/30/2023 240.00 1912 0499 TWIN TIERS OUTERWEAR 06/30/2023 70.00 1913 0807 ZOLL MEDICAL CORPORATION 06/30/2023 448.00 1914 1029 10‐75 EMERGENCY VEHICLES 06/30/2023 579.40 1915 0494 AMCHAR WHOLESALE INC. 06/30/2023 3,177.00 1916 0956 APPLIED CONCEPTS, INC 06/30/2023 2,350.00 1917 0326 AUSTIN LOCKSMITH, INC 06/30/2023 3.00 1918 0116 BKG TRUCK REPAIR LLC 06/30/2023 250.00 1919 1012 CATTARAUGUS COUNTY DPW 06/30/2023 139.12 1920 1196 DYNASTY CONSTRUCTION 06/30/2023 93,223.50 1921 0122 ELAN FINANCIAL SERVICES 06/30/2023 130.00 1922 0193 GALLS PARENT HOLDINGS, LLC 06/30/2023 120.69 1923 1178 LEXIPOL LLC 06/30/2023 12,691.44 1924 1023 RANDOLPH AUTO SUPPLY 06/30/2023 93.96 1925 0765 SEWING TECHNOLOGY UNIFORM INC 06/30/2023 1,999.73 1926 0300 SIRCHIE 06/30/2023 1,162.04 1927 Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Public Discussion:  BPU General Manager Hensel stated that the installation of the new pumps has been completed at the Front Avenue pump station.  Police Commission Member Kennedy let the Council know that he will be having a tree removed at the back of his property that borders Crowley Park. He noted the fence may be damaged. There was a consensus of the Council that the DPW Superintendent should be contracted to arrange to move the fence while the tree is removed. Council Member Koch thanked him for informing the Council of his plans. Moved by Koch and seconded by Smith: RESOLVED: That the Mayor and Council enter into executive session for the purpose of discussing the employment history of a particular employee under the provisions of the State’s Open Meetings Law. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None