Common Council

REGULAR MEETING OF THE COMMON COUNCIL OCTOBER 25, 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 Police Sergeant: Tina Darling Mayor Magiera called the meeting to order at 7:12 PM. After the Pledge of Allegiance, Mayor Magiera asked for a moment of silence. Item #2 - Presentation of the annual audit of the City for fiscal year April 1, 2021 to March 31, 2022 by Drescher and Malecki LLP, was withdrawn. Moved by Hill and seconded by Johnson: RESOLVED: That we hereby approve and dispense with the reading of the minutes of the last regular meeting of October 11, 2023. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Koch and seconded by Reed: RESOLVED: That the following Local Law for 2023 is hereby adopted: A LOCAL LAW AMENDING THE ZONING LAW OF THE CITY OF SALAMANCA, NEW YORK TO CHANGE THE USE DISTRICT CLASSIFICATION OF 73 CENTRAL AVENUE, S.B.L. No. 73.073-4-3, FROM R1 SINGLE FAMILY RESIDENTIAL TO B3 NEIGHBORHOOD COMMERCIAL USE DISTRICT WHEREAS, the City of Salamanca Planning Commission has recommended that the Zoning Law of the City of Salamanca be amended to change the use district classification of 73 Central Avenue, Tax Map No. 73.073-4-3 (the “Property”) from R1 Single Family Residential to B3 Neighborhood Commercial Use District; and WHEREAS, the reason for the recommended change is the request of the Planning Commission, and that it is consistent with current character of the neighborhood which contains both residential and business related structures; and WHEREAS, a legal description of the Property is attached as Schedule A; and WHEREAS, a copy of portion of the County Tax Map page showing the Property is attached as Schedule B; and  REGULAR MEETING OF THE COMMON COUNCIL OCTOBER 11, 2023 PAGE TWO WHEREAS, the Common Council has determined that the changes in Zoning use classification as recommended by the Planning Commission are appropriate and in the best interest of the public health, safety, and welfare. NOW, THEREFORE, BE IT ENACTED, as follows: Section 1. ARTICLE 3- ESTABLISHMENT OF DISTRICTS, Section 3.3 Zoning Map of the City of Salamanca is hereby amended as follows: The Classification of the Zoning Use District of premises located at 73 Central Avenue, Tax Map No. 73.073-4-3 is changed from R1 Single Family Residential to B3 Neighborhood Commercial Use District. This local law shall become effective upon its filing with the Secretary of State pursuant to the provisions of the Municipal Home Rule Law. BE IT FURTHER RESOLVED: That we hereby refer this proposed local law to the Cattaraugus County Planning Board to amend the Zoning Law of the City, and BE IT FURTHER RESOLVED: That the Common Council wishes to declare Lead Agency and conduct a coordinated State Environmental Quality Review (SEQR) of the proposal. Adopted Ayes: Johnson, Reed, Koch Nays: Hill, Smith Moved by Smith and seconded by Johnson: RESOLVED: That we hereby appoint Donnalyn Nuernberger, Franklinville, NY as full-time Assessor’s Aide from the Cattaraugus County eligible list, in the Assessment/ Planning/Zoning/Code Enforcement Office, effective October 30, 2023, at a wage of $42,000.00 annually, at 35 hours per week, with up to fifty-two weeks probation, and in accordance with the Non-Union Employee Benefits, and BE IT FURTHER RESOLVED: That the appointment includes the following terms:  Planning, Zoning and Code Enforcement are included in the position’s duties.  Appointed as full-time City Assessor after a minimum of six months of successful training under the City’s current Assessor, Cindi Franklin.  Successfully complete all NYS-required courses in order to become a certified Assessor with the State.  Required to apply for certification as Assessor with NYS after three years of uninterrupted experience acting in the role of appointed Assessor with the City. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None  REGULAR MEETING OF THE COMMON COUNCIL OCTOBER 25, 2023 PAGE THREE Moved by Reed and seconded by Hill: RESOLVED: That we hereby appoint Hannah Poling, Salamanca, NY as Part- time Recreation Attendant at the Salamanca Youth Center, at an hourly rate of $14.48, up to 20 hours per week, effective October 26, 2023. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Johnson and seconded by Smith: RESOLVED: That we hereby waive the agenda rule to consider other business. Adopted Ayes: Hill, Johnson, Smith, Myers, Koch Nays: None Moved by Koch and seconded by Hill: RESOLVED: That we hereby approve the cancellation of the regular Common Council meeting of November 22, 2023, due to the Thanksgiving holiday, and further reschedule the meeting to be held on November 29, 2023, and BE IT FURTHER RESOLVED: That we hereby approve the cancellation of the regular Common Council meeting of December 27, 2023, due to the Christmas holiday. Adopted Ayes: Hill, Johnson, Smith, Myers, Koch Nays: None Communications from the Mayor and Council:  Mayor Magiera reminded everyone that on Halloween, October 31st, the Trunk- or-Treat will be held during Trick-or-Treat hours of 6:00 –8:00 PM. Also, the Parade at 5:00 PM, starting at the Dudley and ending at the Ray Evan Seneca Theater, where judging will take place.  Mayor Magiera noted that the Youth Board has a meeting October 24th, where Markie Phillips read a nice letter thanking Director Brundage.  Council Member Koch thanked Code Enforcement Officer William Porter for the updated monthly report.  Council Member Smith reminded everyone to vote for the amended City Charter on Election Day, November 7, 2023.  Council Member Koch asked that the two public hearings for the re-zoning requests be held at the next meeting of November 8, 2023.  REGULAR MEETING OF THE COMMON COUNCIL OCTOBER 25, 2023 PAGE FOUR Moved by Reed and seconded by Koch: 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, Fire Chief and City Judge for the month of September 2023 is hereby accepted and filed. Vendor Vendor Name Payment Payment Number Number Date Amount 1071 PETTY CASH- CITY OF SALAMANCA 10/19/2023 431.00 2452 1238 AMAZON CAPTIAL SERVICES 10/20/2023 39.96 2453 1357 BRI PARENT INC 10/20/2023 266.50 2454 0371 CALE BENJAMIN 10/20/2023 39.30 2455 0186 CASELLA WASTE SYSTEMS, INC. 10/20/2023 93.40 2456 1354 ED SCHULTZ 10/20/2023 25.00 2457 0122 ELAN FINANCIAL SERVICES 10/20/2023 13.00 2458 0122 ELAN FINANCIAL SERVICES 10/20/2023 35.00 2459 0193 GALLS PARENT HOLDINGS, LLC 10/20/2023 386.01 2460 0183 GANOUNG'S FIRE PROTECTION, INC. 10/20/2023 60.00 2461 0065 HULL ELECTRIC, INC 10/20/2023 385.21 2462 0198 JAMIE DECK 10/20/2023 48.92 2463 1045 LAWLEY BENEFITS CONSULTING 10/20/2023 1,500.00 2464 1359 NADINE PRINTUP 10/20/2023 25.00 2465 1320 POSITIVE CONCEPTS, INC 10/20/2023 165.60 2466 1134 PROFESSIONAL AMBULANCE BILLING LLC 10/20/2023 2,318.30 2467 1360 ROOD COMPANY 10/20/2023 350.00 2468 1059 STAPLES CONTRACT & COMMERCIAL 10/20/2023 397.22 2469 0285 TINA DARLING 10/20/2023 320.93 2470 0412 TOM STURDEVANT 10/20/2023 121.52 2471 0912 U.S. BANK EQUIPMENT FINANCE 10/20/2023 119.13 2472 0429 VALPRO SANITARY SUPPLIES, INC. 10/20/2023 450.00 2473 0243 WILLIAM HUNT 10/20/2023 463.67 2474 1048 WITMER PUBLIC SAFETY GROUP, INC 10/20/2023 48.00 2475 0581 BOUND TREE MEDICAL, INC. 10/24/2023 102.99 2476 0808 BURT YOUNG SALES CENTER 10/24/2023 1,600.00 2477 0742 MUNICIPAL EMERGENCY SVCS 10/24/2023 7,426.88 2478 1023 RANDOLPH AUTO SUPPLY 10/24/2023 161.52 2479 0412 TOM STURDEVANT 10/24/2023 320.00 2480 1207 AHLSTROM SCHAEFFER ELECTRIC 10/25/2023 19,710.60 2481 1023 RANDOLPH AUTO SUPPLY 10/25/2023 6.47 2482 0765 SEWING TECHNOLOGY UNIFORM INC 10/25/2023 256.98 2483 1216 STONEY HOLLOW TIRE 10/25/2023 717.10 2484 1035 ULINE 10/25/2023 86.44 2485 1097 BREEZELINE 10/25/2023 131.47 2486 0849 BV MOBILE SHREDDING 10/25/2023 597.00 2487 1105 JAMES B SCHWAB CO 10/25/2023 23.67 2488 0831 METROPOLITAN TELECOMMUNICATIONS 10/25/2023 2,384.14 2489  REGULAR MEETING OF THE COMMON COUNCIL OCTOBER 25, 2023 PAGE FIVE 0638 RANDOLPH VETERINARY CLINIC 10/25/2023 68.00 2490 0570 SCOTT J COLLINS 10/25/2023 1,459.00 2491 0414 SOUTHERN TIER WEST REGIONAL 10/25/2023 1,200.00 2492 0340 THE PAPER FACTORY 10/25/2023 289.95 2493 1211 ASCENDANCE TRUCKS PENNSYLVANIA 10/25/2023 3,456.77 2494 0915 BLUE COLLAR WORKWEAR 10/25/2023 247.70 2495 1012 CATTARAUGUS COUNTY DPW 10/25/2023 308.00 2496 0237 FASTENAL COMPANY 10/25/2023 258.35 2497 0164 GRAINGER 10/25/2023 318.76 2498 1084 LANGFORD TESTING & CONSULTING LLC 10/25/2023 1,100.00 2499 0515 NOCO ENERGY CORP. 10/25/2023 19,749.72 2500 0937 SOUTHWORTH-MILTON, INC 10/25/2023 406.23 2501 0491 UNIFIRST CORPORATION 10/25/2023 135.04 2502 Special Revenue Date Account Name Amount Check # 10/13/2023 Special Revenue- Board of Education (Taxes State Park Ave) $153.79 1603 Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Public Discussion:  Grant Writer Brundage noted that she and Mayor attended a meeting with NYS Regional Economic Development Council (REDC) regarding the Main Street development grant.  Grant Writer Brundage noted she is continuing to work with HUNT Engineers on the WIIA grant for the Water Plant relocation upgrade.  Grant Writer Brundage noted that new Youth Bureau Director Phillips will be applying for Ralph C. Wilson Foundation grant funds to replace the playground equipment at the Youth Center site. Mayor Magiera asked that funds be requested to rebuild an ice pond warming hut and improve the pond area from the Ralph Wilson Foundation. Moved by Smith and seconded by Reed: RESOLVED: That the Mayor and Council enter into executive session for the purpose of discussing personnel matters relating to a particular person under the provisions of the State’s Open Meetings Law. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None