Common Council

REGULAR MEETING OF THE COMMON COUNCIL SEPTEMBER 25, 2024 7:00 PM PRESENT: Mayor Sandra Magiera Council Members: John Hill, Kylee Johnson, Barry Smith, Michael Reed, Janet Koch City Clerk: Tracy Chamberlain Youth Bureau Director: Markie Phillips Grant Administrator: Jay Bartoszek Police Captain: Adam Carlson Police Officer: William Hunt City Comptroller: Robert Earley 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 Hill and seconded by Smith: RESOLVED: That we hereby approve and dispense with the reading of the minutes of the last regular meeting of September 11, 2024, with the correct attachment for the Community Safety Plan. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Agenda Item #3 to appoint a Dog Caretaker, was withdrawn. Moved by Johnson and seconded by Smith: RESOLVED: That we hereby appoint Heather Price, as Part-Time Police Officer effective September 30, 2024, up to 20 hours per week, according to the current Police Union Contract, with fifty-two weeks probation. Council Member Koch noted Officer Price currently is a Cattaraugus County Sheriff and this will fill part of one full-time position that is open. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Smith and seconded by Hill: WHEREAS, the City Council of the City of Salamanca has established fees for various permits available from the Office of Code Enforcement and the Department of Public Works; and WHEREAS, the City Council has determined that amendment of such permit fee schedules is appropriate, in order to promote the effective administration of City government, to address circumstances where a property owner commences work for which a permit is required prior to obtaining such permit from the City;  REGULAR MEETING OF THE COMMON COUNCIL SEPTEMBER 25, 2024 PAGE TWO NOW, THEREFORE, BE IT ORDAINED, that the City of Salamanca Municipal Code be amended as follows: 1. Chapter 18, Section 18.4 (DPW Permit Fee Schedule) be amended by adding the following provision therein: “In any instance where a property owner commences work or which a permit under this Section is required prior to obtaining such a permit, the applicable permit fee shall be doubled. This shall be in addition to any and all other remedies available to the City under such circumstances.” 2. Chapter 26, Article III, Section 26.34 (Fees for Various Permits) be amended by adding a new Subdivision 3, to read as follows: “In any instance where a property owner commences work for which a permit under this Section is required prior to obtaining such a permit, the applicable permit fee shall be doubled. This shall be in addition to any and all other remedies available to the City under such circumstances.” 3. This Ordinance shall become effective upon publication as set forth in the City Charter. Council Member Koch confirmed that applicants not be penalized if there is no Code Enforcement Officer available when a permit is applied for . Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Johnson and seconded by Reed: WHEREAS, the City Council of the City of Salamanca has determined that, under the Municipal Home Rule Law, it is necessary to amend the Municipal Code, in order to protect public property and the public health, safety and welfare from unreasonable interference with the public’s use and enjoyment of public property from the erection and use of tents, sleeping and related activities associated with camping on public property not otherwise designated for such activities. NOW THEREFORE, BE IT ORDAINED, that the Municipal Code of the City of Salamanca is hereby amended as follows: 1. Adding a new Section 44.26 to Article II (“Use and Protection of Public Streets”) of Chapter 44 (“Streets and Public Places”) which shall read as follows:  REGULAR MEETING OF THE COMMON COUNCIL SEPTEMBER 25, 2024 PAGE THREE “Notwithstanding any provision of this Code to the contrary, and unless otherwise authorized by permit duly issued by the City of Salamanca, there shall be no camping and/or erection of tents or similar structures on public property of the City. Further, there shall be no lying down or sleeping on the ground, or lying down or sleeping on benches, sitting areas or walkways comprising or located on City Property which unreasonably interferes with the use of such City property or use of related benches, sitting areas or walkways by others. In addition, there shall be no placement of tarps, sleeping bags, blankets or other coverings, and no storage or placement of personal property, on City property which unreasonably interferes with the use of such public property by others. The fine for such offence shall be Fifty Dollars ($50) for the 1st violation, One Hundred Dollars ($100) for the 2nd violation, Two Hundred ($200) for the 3rd violation and any subsequent violation, or imprisonment of not more that fifteen (15) days, or both such fine and imprisonment. 2. The title of Article II of Chapter 44 of the Municipal Code of the City of Salamanca shall further be amended to read: “Use and Protection of Public Streets and Public Property.” 3. The provisions of this Ordinance are severable. If any provision of this Ordinance is found invalid, such finding shall not affect the validity of this Ordinance as a whole or any part or provision thereof other than the provision found to be invalid. 4. This Ordinance shall become effective upon publication as set forth in the City Charter. There was discussion regarding what will happen when individuals cannot find housing. It was noted that the Police have resources to offer. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Hill and seconded by Johnson: RESOLVED: That we hereby confirm the acceptance of the attached quote from D & S Glass Products, Jamestown, NY for the replacement of the entry door at 123 Main Street, in the amount of $5,162.20. Such quote is attached to and made part of these minutes. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None  REGULAR MEETING OF THE COMMON COUNCIL SEPTEMBER 25, 2024 PAGE FOUR Moved by Reed and seconded by Hill: RESOLVED: That we hereby authorize the City to apply for Game Time Playground Grant in the amount of $50,000.00, with the City matching funding of $50,000.00 for the replacement of playground equipment at the Youth Center. Youth Bureau Director Markie Phillips noted this Youth Center playground has the oldest equipment and there are funds budgeted to cover this project. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Koch and seconded by Reed: RESOLVED: That we hereby approve the City of Salamanca Personnel Rules/Benefits for Non-Union Employees to be effective October 1, 2024. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Smith and seconded by Hill: RESOLVED: That the following appointments by the Mayor are hereby approved: BOARD OF ASSESSMENT REVIEW Reappointment of Lisa Carpenter, Salamanca, NY, for a five year term beginning on October 1, 2024 and ending September 30, 2029. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Johnson and seconded by Hill: RESOLVED: That we hereby waive the agenda rule to consider other items. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Smith and seconded by Reed: RESOLVED: That we hereby approve the Service Agreement between the City of Salamanca and Gallego Information Services, Buffalo, NY, to provide records management services, in the amount of $55,550.00, paid for with NYS Archives Local Government Records Management Improvement (LGRMI) grant funds and further authorize the Mayor to sign such agreement. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None  REGULAR MEETING OF THE COMMON COUNCIL SEPTEMBER 25, 2024 PAGE FIVE Moved by Hill and seconded by Koch: RESOLVED: That we hereby accept the low bid of Schumaker Construction for the installation of a new Backup Generator to be located at the DPW building on Rochester Street, in the amount of $156,200.00. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Communications from the Mayor and Council:  Mayor Magiera noted that the Seneca Nation of Indians invited the City for a presentation of 7 additional surveillance cameras the SNI purchased to be installed along the Pennsy Trail. She thanked the SNI very much for contributing to this project. The SNI and the City plan to purchase more and the Police have advised that the cameras be installed at playgrounds.  Mayor Magiera reminded everyone of the Falling Leaves Festival to be held October 4, 5 and 6, 2024.  Council Member Johnson praised the Fire Department for the great job on a couple of big fires on September 22 and 23, 2024. Moved by Johnson 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 report of the Dog Control Officer for the month of August 2024 are hereby accepted and filed. Vendor Vendor Name Payment Payment Number Number Date Amount 1330 HOME DEPOT CREDIT CARD SERVICES 09/13/2024 114.00 3899 1059 STAPLES 09/13/2024 943.24 3900 0540 WILLIAM SMITH 09/13/2024 606.95 3901 1097 BREEZELINE 09/20/2024 162.47 3902 0186 CASELLA WASTE SYSTEMS, INC. 09/20/2024 98.54 3903 1003 CSEA, INC. 09/20/2024 77.10 3904 1333 PLYLER ENTRY SYSTEM 09/20/2024 199.00 3905 1397 RICHARD CARSON 09/20/2024 317.56 3906 1069 TIM HAYNOSKI 09/20/2024 262.21 3907 0912 U.S. BANK EQUIPMENT FINANCE 09/20/2024 119.13 3908 1388 UBEO, LLC 09/20/2024 60.51 3909 0555 AURORA ELECTRONICS 09/25/2024 250.00 3910 0794 CHAUTAUQUA CO. HUMANE SOCIETY INC, SPCA 09/25/2024 50.00 3911 0122 ELAN FINANCIAL SERVICES 09/25/2024 579.00 3912  REGULAR MEETING OF THE COMMON COUNCIL SEPTEMBER 25, 2024 PAGE SIX 1205 HIGHMARK BCBSWNY (MEDICARE 286543) 09/25/2024 415.00 3913 9014 HUNT ENGINEERS ARCHITECTS & LAND SURV, PC 09/25/2024 96,787.71 3914 1502 KATTIE SCHWAB 09/25/2024 25.00 3915 1045 LAWLEY BENEFITS CONSULTING 09/25/2024 1,500.00 3916 0831 METROPOLITAN TELECOMMUNICATIONS 09/25/2024 2,386.56 3917 1134 PROFESSIONAL AMBULANCE BILLING LLC 09/25/2024 3,752.48 3918 0638 RANDOLPH VETERINARY CLINIC 09/25/2024 325.00 3919 0570 SCOTT J COLLINS 09/25/2024 1,459.00 3920 1182 SUSAN WHITCOMB 09/25/2024 70.48 3921 0340 THE PAPER FACTORY 09/25/2024 559.90 3922 1388 UBEO, LLC 09/25/2024 59.18 3923 1211 ASCENDANCE TRUCKS PENNSYLVANIA 09/25/2024 417.30 3924 0900 DECKER TREE SERVICE 09/25/2024 4,000.00 3925 0134 DEN'S AUTO 09/25/2024 900.00 3926 0560 EMERLING FORD, INC 09/25/2024 705.39 3927 0237 FASTENAL COMPANY 09/25/2024 118.54 3928 0191 GERNATT ASPHALT 09/25/2024 65.71 3929 0277 JAMESTOWN MACADAM, INC 09/25/2024 1,665.00 3930 1091 KURK FUEL COMPANY 09/25/2024 12,461.44 3931 0568 NEW ENTERPRISE STONE & LIME CO., INC 09/25/2024 8,797.10 3932 1216 STONEY HOLLOW TIRE 09/25/2024 289.64 3933 0340 THE PAPER FACTORY 09/25/2024 351.99 3934 0491 UNIFIRST CORPORATION 09/25/2024 628.25 3935 0098 WORTH W SMITH 09/25/2024 145.12 3936 0099 BARMORE & SELLSTROM 09/25/2024 829.80 3937 0618 BREATHING AIR RESOURCES 09/25/2024 1,364.65 3938 1065 EMERGENCY SERVICES MARKETING CORP, INC. 09/25/2024 660.00 3939 0529 ESO SOLUTIONS, INC. 09/25/2024 1,495.00 3940 0404 MOTOROLA SOLUTIONS, INC. 09/25/2024 4,251.00 3941 1035 ULINE 09/25/2024 4,144.49 3942 0371 CALE BENJAMIN 09/25/2024 73.75 3943 0349 CATTARAUGUS CO. OFFICE OF EMERGENCY SERVICES 09/25/2024 160.00 3944 0122 ELAN FINANCIAL SERVICES 09/25/2024 73.00 3945 0193 GALLS PARENT HOLDINGS, LLC 09/25/2024 713.53 3946 0404 MOTOROLA SOLUTIONS, INC. 09/25/2024 2,609.40 3947 0765 SEWING TECHNOLOGY UNIFORM INC 09/25/2024 2,586.60 3948 1238 AMAZON CAPITAL SERVICES 09/25/2024 1,112.49 8000001 1238 AMAZON CAPITAL SERVICES 09/25/2024 370.62 8000002 Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None  REGULAR MEETING OF THE COMMON COUNCIL SEPTEMBER 25, 2024 PAGE SEVEN Public Discussion:  John Bach mentioned the sidewalk that needs repair at the Board Street stairway.  There was discussion regarding the US Dept. of Justice COPS grant received by the City and the next round that Police Departments are eligible to apply for. It was noted the new officers hired under the grant are required to attend the Law Enforcement Academy and department training.  Mr. Bach asked if something could be done to clean up 19-21 Summit Street.  There was discussion regarding the Recreation Vehicle Ordinance.  It was noted that the City can work with the SNI regarding code violations that would be considered lease violations. Moved by Johnson and seconded by Reed: RESOLVED: That the Mayor and Council enter into executive session for the purpose of discussing collective bargaining negotiations under the provisions of the State’s Open Meetings Law. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Smith and seconded by Johnson: RESOLVED: That the Mayor and Council reconvene after approximately thirty minutes in executive session. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Koch and seconded by Johnson: RESOLVED: That we hereby require the Salamanca Dog Control Officer to house only City of Salamanca seized animals in City kennels and that all other animals be removed. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Hill and seconded by Smith: RESOLVED: That we hereby authorize an agreement between the City of Salamanca and Courtney James, Salamanca, NY for Dog Caretaker, after checking with the City Attorney, so not to affect retirement and overtime now and in the future, to be effective September 25, 2024, at minimum wage, with the requirement of getting the rabies vaccination. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None