Common Council

REGULAR MEETING OF THE COMMON COUNCIL MARCH 27, 2024 7:00 PM PRESENT: Mayor Sandra Magiera Council Members: John Hill, Kylee Johnson, Barry Smith, Michael Reed, Janet Koch City Clerk: Tracy Chamberlain Human Resource Trainee: Elizabeth Downie BPU General Manager: Dennis Hensel BPU Electric Dept. Supervisor: Jeffery Pond Jr. Youth Bureau Director: Markie Phillips Grant Administrator: Jay Bartoszek City Attorney: Jeffrey Swiatek Mayor Magiera called the meeting to order at 7:00 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 March 13, 2024 and the special meeting of February 21, 2024. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Hill and seconded by Johnson: RESOLVED: That we hereby accept the quote of HUNT Engineers, Horseheads, NY for engineering services approved November 2022, for the culvert replacement on Front Avenue over Titus Creek, to convert to a bridge replacement, for additional engineering fees, for a total cost of $48,000.00. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Johnson and seconded by Smith: WHEREAS, fees charged for emergency medical services include ambulance services provided by City of Salamanca, and WHEREAS, recent meeting and discussions have been held and it has been determined that the City of Salamanca should increase these fees in order to be more compatible with other municipal ambulance services in the local area, and WHEREAS, after comparing the rates with those charged by other local municipalities and upon the advice of the City’s billing processing company, the Common Council has determined it to be in the best interest of the City of Salamanca to raise its rates.  REGULAR MEETING OF THE COMMON COUNCIL MARCH 27, 2024 PAGE TWO NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The rates for EMS provided by the City of Salamanca are hereby established as follows: Advanced Life Support 2 (ALS 2) $1,600.00 Advanced Life Support 1 (ALS) $1,300.00 Basic Life Support (BLS) $1,000.00 Treat and Release $ 400.00 Mileage $ 35.00 per mile Medicaid Fuel $ 0.12 per mile 2. This resolution shall take effect on April 1, 2024. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Koch and seconded by Hill: RESOLVED: That we hereby approve a 2% general raise for all full and part time Salamanca Housing Authority non-union employees, with the exception of the Full-time Account Clerk/Typist, who is to receive a $3.00 per hour raise, all effective April 1, 2024. Council Member Hill asked why the Account Clerk/Typist is to receive $3 per hour. Council Member Koch stated that the this a good employee has been there two years and could be offered a job elsewhere for more pay. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Hill and seconded by Johnson: RESOLVED: That we hereby authorize the renewal of the agreement for the City of Olean Community Development, Olean Area Transit System bus services within the City of Salamanca for June 1, 2023 through May 31, 2024, and further authorize the Mayor to sign such agreement. It was noted this program is funded through six sources. Olean proposed to cease the service due to lack of funding. There has been discussion among the groups to extend service for six months to work on a plan. The City has budgeted $15,000 annually. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None  REGULAR MEETING OF THE COMMON COUNCIL MARCH 27, 2024 PAGE THREE Moved by Smith and seconded by Johnson: RESOLVED: That we hereby authorize the closing of City Hall offices at 2:00 PM on Monday, April 8, 2024 for public safety in observance of the Solar Eclipse and further authorize staff to leave at the discretion of the Department Head, with the use of their available leave time. Council Member Smith stated the safety issue would be for people driving to City Hall during the time of the eclipse. Council Member Koch stated she is not for the closing as it will be for 6 to 8 minutes. Mayor Magiera noted there is a concern that if the staff is sent home they would need to be paid. Council Member Hill stated he feels it is up to the individual if they want to work or not. Adopted Ayes: Smith Nays: Hill, Johnson, Reed, Koch Moved by Johnson and seconded by Reed: RESOLVED: That we hereby permanently appoint Markie (Mohr) Phillips of Salamanca, NY as Recreation Director, after successfully passing the exam and being reachable, effective March 15, 2024, according to the Cattaraugus County Civil Service. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Reed and seconded by Koch: RESOLVED: That we hereby provisionally re-appoint Markie (Mohr) Phillips of Salamanca, NY as Youth Bureau Director, at a prorated wage of $58,000.00 annually, contingent on taking the test and being reachable on the Civil Service list, according to the Non-Union Benefits Rules, effective March 15, 2024. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Smith and seconded by Reed: RESOLVED: That we hereby increase the Dog Control Officer’s hourly wage to $15.00, at a maximum of 25 hours per week, retro-effective January 1, 2024. Council Member Koch asked if this was based on 20 hours. It was noted that records show 25 hours. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None  REGULAR MEETING OF THE COMMON COUNCIL MARCH 13, 2024 PAGE FOUR Moved by Koch and seconded by Reed: RESOLVED: That we hereby end the payment of salaries by the City for employees who are absent from work due to a documented positive COVID test, also known as “COVID pay;” going forward, employees must use their available Paid Time Off to cover any COVID-related illnesses, effective March 31, 2024. It was noted the CDC no longer considers COVID an emergency Federal or State wide and the City no longer receives any reimbursement funds. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Reed and seconded by Hill: RESOLVED: That we hereby waive the agenda rule to consider other business. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Hill and seconded by Johnson: RESOLVED: That we hereby confirm the termination of Department of Public Works full-time Class B Driver Gordon Sullivan, Jr., effective March 22, 2024, with no accumulated paid time off. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Koch and seconded by Hill: RESOLVED: That we hereby appoint Samara Lindberg, Salamanca, NY as Part-Time Dog Caretaker at minimum wage, as needed up to 20 hours per week, with the requirement of receiving the rabies pre-exposure vaccination, effective immediately. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Koch and seconded by Hill: RESOLVED: That we hereby create the Civil Service position of Assessor Trainee in the Assessment/Zoning/Code Enforcement Office at an annual salary of $42,000.00 to $45,000.00 in accordance with the Non-Union Employee Agreement. Such new position duties statement is attached to and made part of these minutes. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None  REGULAR MEETING OF THE COMMON COUNCIL MARCH 27, 2024 PAGE FIVE Under Communications from the Mayor and Council:  Mayor Magiera said the Drive Thru Easter Event went well. Approximately 161 kids participated. The Salamanca City Central School District (SCCSD) provided food boxes and there were 11 stops of different items for the vehicles.  Council Member Smith asked that the City Attorney prepare a local law to amend the City Zoning Law, for a vacant lot on Center Street to be re-zoned from R1 (Residential Use District) to AC (Agricultural Conservation Use District). The City Planning Commission has recommended this re-zoning as requested by property owner Melinda Palmer. Clerk Chamberlain noted this is to ask the attorney to prepare, then it will go to Council for vote, the City schedules a public hearing, it would be referred to the Catt. County Planning Board and the final approval before filed with NY State. It was noted this is at 22-acre parcel TM#73.061-1-3, which runs from the Town of Salamanca line south to West State Street.  Council Member Koch stated that the SCCSD held a groundbreaking for Phase 4 construction. She was asked to speak on behalf of the City, thanking them for all the beautiful remodeling and building the SCCSD is doing. Moved by Koch and seconded by Reed: 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 report of the Police Chief for the month of February 2024 is hereby accepted and filed. Vendor Vendor Name Payment Payment Number Number Date Amount 1396 EMILY WHITE 03/15/2024 1,039.67 3055 0371 CALE BENJAMIN 03/15/2024 17.29 3056 0186 CASELLA WASTE SYSTEMS, INC. 03/15/2024 98.54 3057 0193 GALLS PARENT HOLDINGS, LLC 03/15/2024 145.64 3058 0164 GRAINGER 03/15/2024 1,026.33 3059 1071 PETTY CASH- CITY OF SALAMANCA 03/15/2024 208.42 3060 1059 STAPLES CONTRACT & COMMERCIAL 03/15/2024 1,428.77 3061 0912 U.S. BANK EQUIPMENT FINANCE 03/15/2024 129.05 3062 1392 ARMSTRONG BUSINESS SOLUTIONS 03/22/2024 150.45 3063 0592 BRANDON SMITH 03/22/2024 153.34 3064 1097 BREEZELINE 03/22/2024 131.47 3065 0122 ELAN FINANCIAL SERVICES 03/22/2024 43.00 3066 1257 ENCHANTED MOUNTAINS URGENT VET CARE 03/22/2024 620.00 3067 1330 HOME DEPOT CREDIT CARD SERVICES 03/22/2024 537.64 3068  REGULAR MEETING OF THE COMMON COUNCIL MARCH 27, 2024 PAGE SIX 0693 JOHN SANDY 03/22/2024 363.81 3069 1397 RICHARD CARSON 03/22/2024 101.87 3070 0823 SOUTHERN TIER GLASS & WINDOW, INC. 03/22/2024 925.00 3071 1069 TIM HAYNOSKI 03/22/2024 137.92 3072 0571 CYNCON EQUIPMENT, INC 03/27/2024 628.32 3073 0237 FASTENAL COMPANY 03/27/2024 220.05 3074 0129 JOE JOHNSON EQUIPMENT LLC 03/27/2024 96.75 3075 1091 KURK FUEL COMPANY 03/27/2024 12,550.48 3076 0515 NOCO ENERGY CORP. 03/27/2024 16,450.98 3077 1035 ULINE 03/27/2024 328.86 3078 0491 UNIFIRST CORPORATION 03/27/2024 50.42 3079 1029 10-75 EMERGENCY VEHICLES 03/27/2024 24,609.82 3080 0371 CALE BENJAMIN 03/27/2024 43.09 3081 0560 EMERLING FORD, INC 03/27/2024 348.11 3082 0193 GALLS PARENT HOLDINGS, LLC 03/27/2024 192.64 3083 1023 RANDOLPH AUTO SUPPLY 03/27/2024 79.61 3084 0765 SEWING TECHNOLOGY UNIFORM INC 03/27/2024 303.99 3085 0774 URBAN AUTO CENTER 03/27/2024 21.00 3086 1029 10-75 EMERGENCY VEHICLES 03/27/2024 916.37 3087 0210 ACADEMY OF FIRE SCIENCE 03/27/2024 342.00 3088 0017 ACME BUSINESS MACHINES 03/27/2024 13.72 3089 0278 AIRGAS USA, LLC 03/27/2024 31.65 3090 0382 AUTOZONE, INC. 03/27/2024 234.98 3091 0099 BARMORE & SELLSTROM 03/27/2024 1,128.75 3092 0915 BLUE COLLAR WORKWEAR 03/27/2024 220.00 3093 0618 BREATHING AIR RESOURCES 03/27/2024 490.90 3094 1369 EAST END AUTO SERVICES 03/27/2024 2,754.00 3095 0681 IRVIN ROBINSON III 03/27/2024 166.91 3096 0742 MUNICIPAL EMERGENCY SVCS 03/27/2024 2,599.82 3097 1333 PLYLER ENTRY SYSTEM 03/27/2024 199.00 3098 1026 SALAMANCA FIREFIGHTERS LOCAL 2501 03/27/2024 20.00 3099 1175 SAVE A LOT 03/27/2024 25.45 3100 1398 SELPH'S FIRE SERVICE 03/27/2024 78.00 3101 0575 SHERWIN-WILLIAMS 03/27/2024 248.80 3102 0499 TWIN TIERS OUTERWEAR 03/27/2024 767.91 3103 0982 UNITED UNIFORM CO., INC. 03/27/2024 255.00 3104 1048 WITMER PUBLIC SAFETY GROUP, INC 03/27/2024 3,634.00 3105 1207 AHLSTROM SCHAEFFER ELECTRIC 03/26/2024 436.80 3106 0319 CENTURY CARPET & BEDDING 03/26/2024 9,096.52 3107 0092 CHAUTAUQUA BRICK CO., INC 03/26/2024 50.00 3108 0153 CNA SURETY DIRECT BILL 03/26/2024 120.00 3109  REGULAR MEETING OF THE COMMON COUNCIL MARCH 27, 2024 PAGE SEVEN 0199 CYNTHIA A. FRANKLIN 03/26/2024 48.24 3110 1105 JAMES B SCHWAB CO 03/26/2024 12.77 3111 0831 METROPOLITAN TELECOMMUNICATIONS 03/26/2024 2,394.87 3112 0638 RANDOLPH VETERINARY CLINIC 03/26/2024 825.00 3113 0570 SCOTT J COLLINS 03/26/2024 1,459.00 3114 1069 TIM HAYNOSKI 03/26/2024 47.94 3115 Special Revenue Date Account Name Amount Check # 03/15/2024 Special Revenue- Town of Salamanca (Taxes State Park Ave) $2385.34 1605 Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Public Discussion:  Grant Administrator Jay Bartoszek is working on Congressional funding for repairs to the Ray Evans Seneca Theater. A grant application has been submitted for the Historical Society expansion. There was also a meeting with the NYS DOT at which they provided information on available grant funds. Moved by Koch and seconded by Johnson: RESOLVED: That the Mayor and Council enter into executive session for the purpose of discussion with legal counsel under the provisions of the State’s Open Meetings Law. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Hill and seconded by Johnson: RESOLVED: That the Mayor and Council reconvene after approximately one hour in executive session. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None There was a consensus of the Common Council to have Todd VanDyke provide additional information on the rental management of the apartment at 18 Main Street, above the Senior Center and possible the leasing the first floor of the former Weast Agency. The DPW can provide Mr. VanDyke with access to the 18 Main Street apartment.  Civil Service Law, Section 22: Certification for positions. Before any new ASSESSOR TRAINEE position in the service of a civil division shall be created or any existing position in such service shall be reclassified, the proposal therefore, including a statement of the duties of the position, shall be referred to the (Title) municipal commission having jurisdiction and such commission shall furnish a certificate stating the appropriate civil service title for the New Position Duties Statement proposed position or the position to be reclassified. Any such new Department head or other authority requesting the creation of a new position, position shall be created or any such existing position reclassified only prepare a separate description for each new position to be created except that one with the title approved and certified by the commission. Effective 1978 description may cover two or more identical positions in the same organizational unit. Forward one typed copy to this Commission. 1. Department Bureau, Division, Unit or Section Location of Position ASSESSMENT/ZONING & CODE ENFORCEMENT CITY OF SALAMANCA 2. Description of Duties: Describe the work in sufficient detail to give a clear word picture of the job. Use a separate paragraph for each kind of work and describe the more important or time-consuming duties first. In the left column, estimate how the total working time is divided. Job Title: ASSESSOR TRAINEE Percent of Job Duty Work Time 100% The work involves assisting in the collection, recording, and maintenance of real property assessment data in a city, town or village. Duties are performed under the direct supervision of the Assessor in accordance with established procedures. An Assessor Trainee does related work as required. TYPICAL WORK ACTIVITIES: • Reviews and makes determinations with respect to applications for tax exemptions (Native American, Veterans, STAR, Agricultural, etc.); • Receives complaints filed and transmits them to the Board of Assessment Review • Makes changes in assessments in accordance with law as directed by the Board of Assessment Review; • Attends the public examination of the tentative assessment roll at times prescribed by law; • Attends all hearings of the Board of Assessment Review; • Utilizes and maintains current tax maps and assessment files; • Assists in gathering, assembling, and recording data relating to property assessment; • Records property transfers, name changes, address changes and other pertinent data; • Reviews building permits; • Maintains property sales records; • Answers inquiries from taxpayers and the general public and gives out routine information; • Maintains records for all exemptions; • Makes deposits of monies collected from building permits as-needed; • Prepares and combines tax bills for mailing; • Performs duties and responsibilities of position using an electronic data processing system and other office software, supplies and equipment; • Maintains all escrow accounts and bank codes for financial institutions; • Assists the Board of Assessment Review with required information and records decisions; • Scans documents and enters data into assessment software; • Attends, oversees, compiles, and prepares minutes for all Planning Commission meetings in regard to Site Plans, Special Use Permits, Re-Zoning Applications, etc.; • Attends, oversees, compiles, and prepares minutes for all Zoning Board of Appeals meetings in regard to Area Variances, Sign Variances, etc.; • Creates a “combined” tax rate and maintains current tax rates; • Becomes familiar with the City of Salamanca Zoning Law and Comprehensive Plan and their updates; • Maintains a monthly and final yearly Assessor’s Report; • Prepares splits and combines to properties; • Prepares all reports according to New York State requirements; • Maintains records of death certificates; • Keeps records of all bills paid out for the Assessor’s office with charging off each bill. April 3, 2024 3. Names and Titles of Persons Supervising this position (General, Direct, Administrative, etc.) Name Title Type of Supervision Cynthia Franklin City Assessor Direct 4. Names and Titles of Persons Supervised by Employee in this position Name Title Type of Supervision Lola Shaw Account Clerk Typist Secondary 5. Names and Titles of Persons doing substantially the same kind and level of work as will be done by the incumbent of this new position Name Title Location of Position N/A 6. What minimum qualifications do you think should be required for this position? Education: High School -- Years College 2 Years, with specialization in College 4 Years, with specialization in Experience: (list amount and type) … Essential knowledges, skills and abilities: Working knowledge of office terminology, procedures, and equipment; working knowledge of business arithmetic and English; working knowledge of assessment terminology and procedures; ability to type accurately; ability to follow oral and written instructions; ability to deal tactfully with the public; ability to write legibly; clerical aptitude; physical condition sufficient to perform the essential functions of the position. Type of license or certificate required: N/A 7. The above statements are accurate and complete. ELIZABETH DOWNIE Date: 03/11/2024 Title: Human Resources Specialist Trainee Signature: Certificate of Civil Service Commission 8. In accordance with the provisions of Civil Service Law Section 22, the Cattaraugus County Civil Service certifies that the appropriate civil service title for the position described is: Title: Jurisdictional Classification: Date: Signature: Action by Legislative Body or Other Approving Authority 9. Creation of described position  Approved  Disapproved Date: Signature: