T H E G E N E V A C I T Y C O U N C I L JOURNAL OF PROCEEDINGS REGULAR COUNCIL MEETING SEPTEMBER 7, :00 PM

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1 T H E G E N E V A C I T Y C O U N C I L JOURNAL OF PROCEEDINGS REGULAR COUNCIL MEETING SEPTEMBER 7, :00 PM Presiding - Present - Stu Einstein, Mayor Matt Horn, City Manager David Lee Foster, City Attorney 1. PROCLAMATION: DeSales High School 100 Year 2. CERTIFICATE OF PUBLIC SERVICE Vincent R. Natelli Jr. 25 years of service 3. ROLL CALL Present: Clr. Valentino, Clr. Hagerman, Clr. O Malley, Clr. Cosentino, Clr. Alcock, Clr. Augustine, Clr. Greco, and Clr. D Amico 4. APPROVED MINUTES OF JULY 20 and AUGUST 3 & 9, 2011 MEETINGS ACTION TAKEN by Clr. O Malley; seconded by Clr. Valentino MOVED THAT the minutes of the July 20 and August 3 & 9, 2011 Council meetings be approved 5. CLAIMS/CORRESPONDENCE The City Clerk reported there was one claim filed against the City during the month of August 2011: On August 19, 2011, a notice of claim was filed by Diana Millerd of 30 Hogarth Ave., Geneva, NY. The claim alleges Ms. Millerd s basement flooded and she had to pay to have it cleaned up. The City Clerk reported the following correspondence received: Letter from Governor Cuomo thanking the City for assisting in the assembling of the New York Remembers exhibition at the Geneva Public Library.

2 6. PUBLIC COMMENT Cynthia Hsu of 4 Elmwood Place announced that this Saturday Ontario County was holding their annual household hazardous waste drop-off, and the deadline to register is Friday at 3:30 PM. She told everyone that this is important to reduce toxins in leachate. Next she said that September 24 th would be a pharmaceutical collection at Tops Market here in Geneva. She said that pharmaceuticals could cause all kinds of issues in watersheds, so they will be taken to an incinerator to dispose of. Lastly she told everyone that she noticed the section on contract negotiations in tonight's agenda relating to physical fitness standards. She said she was surprised that the city pays $500 if they volunteer. She said it seems excessive, and it should be the right thing for them to do. Jay Coleman told Council he would like Geneva to become a more business friendly place using the Revolving Loan Fund money. Mr. Coleman voiced his concern with an sent out by Clr. Augustine and said that he would like to hear from her on the subject. 7. DISCUSSION REGARDING PROPOSAL FROM STATE TO SWAP CITY-OWNED PROPERTY ADJACENT TO THE STATE PARK City Manager Horn said that the state is still interested in extending an offer to obtain property from the city. Mr. Horn said that the more appealing option of the four for staff was to swap property with the state. He added that would be a benefit to the city to obtain the property on the lakefront. Clr. Valentino asked what the state preferred, and City Manager Horn said that out right ownership without a swap would be their preference if funds were available. Clr. Valentino indicated that he supports option 2. Clr. O'Malley said that his understanding of the last discussion was that the state wanted to control the space and keep people from parking and walking into the park. Clr. O'Malley feels that this is a benefit to our citizens and he has no problem with a sign. Clr. Alcock asked if the information in the agenda was from the 2009 letter, City Manager Horn said that it was, and he spoke with Regional Director, Tim Joseph, last month and said he wanted to proceed with the same options as presented before. Clr. D'Amico said that he likes option 2 and feels it is a good chance for the city to pick up some lakefront property. City Manager Horn said that the city could offer to give up the property east of the road leaving the parking accessibility or sell with the option to keep the parking. Clr. Greco asked if the city could make a deal for city residents to get lower fees for entering the park. Clr. Augustine said she didn't feel that there was a clear benefit to option 2. She said that even though the property is on the lakefront, it is a walkway/driveway. City Manager Horn said that this is on the agenda because the state is requesting it, an issue

3 that the city has is that we pay Seneca County property tax, we maintain the land, and it's not an asset to the city. With the swap, the city would have a smaller maintenance burden, and if we sell, he recommends only selling east of the access road which is not a huge dollar amount. When asked, City Manager Horn said that once the City receives a formal offer from the state, the public hearing could be held in October, with the sale in November, so he just needs to get direction from Council as how they would like to proceed. Clr. Alcock said he supports option 2. Clr. Greco voiced his concern that if the swap is made that the state will run a gate over the walkway, and City Manager Horn said that that is not the State s intention. Clr. Cosentino said that we could make it part of the agreement that the walkway is kept open. Clr. Augustine reiterated that she does not see a benefit to the swap and sees the City taking on a road project. Clr. O'Malley said that the walkway could be used more in the future as part of the trail to Montezuma. Clr. D'Amico and Mayor Einstein said that they both liked option 2. Clr. Hagerman asked what the city's tax obligation to Seneca County was, and City Manager Horn said he would get it to Council. 8. ESTABLISHED PUBLIC HEARINGS FOR THE 2012 GENERAL FUND BUDGET, WATER FUND BUDGET, AND SEWER FUND BUDGET City Manager Horn presented the following resolution: WHEREAS, the City Manager is required to present to the Geneva City Council a General Fund Budget, a Water Fund Budget, and a Sewer Fund Budget for the year 2012 in accordance with the Geneva City Charter, and it is necessary and proper for this City Council to schedule and conduct public hearings on said budgets prior to action and adoption. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Geneva, New York, that pursuant to the Geneva City Charter a public hearing on the General Fund Budget for the year 2012 be held before the City Council in the Public Safety Building,255 Exchange Street, Geneva, NY on Wednesday, October 5, 2011, at 7:00 PM, and FURTHER BE IT RESOLVED by the City Council of the City of Geneva, New York, that a public hearing on the Water Fund Budget for the year 2012 be held before the City Council in the Public Safety Building, 255 Exchange Street, Geneva, NY on Wednesday, October 5, 2011 at 7:00 PM, or as soon thereafter as it may be held, and FURTHER BE IT RESOLVED by the City Council of the City of Geneva, New York, that a public hearing on the Sewer Fund Budget for the year 2011 be held before the

4 City Council in the Public Safety Building, 255 Exchange Street, Geneva, NY on Wednesday, October 5, 2011 at 7:00 PM, or as soon thereafter as it may be held, and FURTHER BE IT RESOLVED, that the City Clerk is authorized and directed to publish in the Finger Lakes Times a public notice of said hearings specifying the date, time and place of the public hearings, and total amount of the proposed budgets, the amount to be raised by taxes and the anticipated tax rate per thousand of assessed valuation. ACTION TAKEN by Clr. O Malley; seconded by Clr. Greco MOVED THAT this resolution be adopted 9. DECLARED CERTAIN PROPERTY SURPLUS City Manager Horn presented the following resolution: WHEREAS, City Council has identified Providing Value for Taxpayer Investment as a Strategic Imperative; and WHEREAS, the City Manager has identified certain City property as having no further municipal use; WHEREAS, such property includes the following: 1996 Wildcat Compost Turner, Model TS Ford Crown Victoria Patrol Car 2006 Ford Crown Victoria Patrol Car 2007 Ford Crown Victoria Patrol Car Four Cannondale Police Bicycles NOW, THEREFORE, BE IT RESOLVED that the Geneva City Council, hereby and in due form, directs the City Manager to dispose of these items in such a manner as to achieve the maximum attainable value for taxpayer investment. When asked, City Manager Horn said that the value of the cars is relatively low because they have high mileage and the bikes are in good shape. He added that the City is looking at alternatives with the composting on sight. The proceeds of the sale will go into equipment amortization. ACTION TAKEN by Clr. Valentino; seconded by Clr. Greco MOVED THAT this resolution be adopted

5 10. FIRST READING OF AN ORDINANCE AMENDING CHAPTER ; PARKING, CARTER ROAD City Manager Horn presented the following ordinance for a first reading: BE IT ORDAINED by the City Council of the City of Geneva, New York that Chapter 335, entitled Vehicles & Traffic of the City of Geneva Municipal Code be amended as follows: Section 1. That Subdivision 335.7, entitled Parking, Standing and Stopping Restrictions is hereby amended to include the following language: Carter Road: On the east side: No Parking from a point measured from the north curb line of West North Street 1470, northerly to Angelo Street. law. Section 2. This Ordinance shall take effect immediately and in accordance with ACTION TAKEN by Clr. O Malley; seconded by Clr. Alcock MOVED THAT this ordinance pass the first reading 11. AUTHORIZED LABOR AGREEMENT-POLICE OFFICERS City Manager Horn presented the following resolution: WHEREAS, the City Manager has been negotiating with the AFSCME Council 82, Local 3471, Geneva Police Officers with respect to the contract pursuant to the Taylor Law, and WHEREAS, the City Manager is now recommending that the City Council adopt a three (3) year contract for the AFSCME Council 82, Local 3471, the following are the areas of proposed modifications: Length of contract Article 4- Salary and Step definitions Article 6-Shift Differential Article 8- Work Schedule and Overtime Article 9- Uniform Allowance and Equipment replacement/maintenance Article 10- Holidays, Vacation and Sick Leave Article 11- Health Insurance Article 17- Miscellaneous Provisions

6 Article 19- Discipline Article 21-Policies, Rules & Regulations Article 23-Time Schedule for Negotiations Article 25-Compensation Time New Articles WHEREAS, all terms and conditions are referenced in the Attachment NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Geneva, New York, that the above terms be and the same hereby are adopted for the contract with the AFSCME Council 82, Local 3471, Geneva Police Officers. Clr. Valentino commended the police department for bringing this to the table, and he offered to sponsor a police officer in the Mini-Mussel next year. When Clr. Alcock asked about the 2% increase and the current 2012 budget deficit, City Manager Horn said that staff contemplated a 3½% increase, so this is a benefit to the City. When Clr. O Malley asked where the police came in the sequence of union negotiations, City Manager Horn said that they are about in the middle. Clr. Hagerman said that he is not in favor of automatic steps in pay, and City Manager Horn said that performance based pay increases are not favorable to labor units. When asked how we compare to other cities in terms of pay increases, City Manager Horn said that 2% is becoming the normal. Clr. Cosentino said that he agrees with Clr. Hagerman about not using step increases because salaries can get out of hand when a person stays employed at the City for a long period of time. City Manager Horn cautioned council to be mindful of employees leaving Geneva for a job with higher pay somewhere else. Clr. D Amico added that large turnover means higher cost for training. Clr. Cosentino said that he was glad to see there was a give and take in the discussion. He added that years ago the physical fitness training was not put in the contract because if the officer did not pass, they could be considered disabled. Clr. Hagerman asked how many of our police officers currently reside in the City, and City Manager Horn said he would get that information for Council. ACTION TAKEN by Clr. Augustine; seconded by Clr. O Malley MOVED THAT this resolution be adopted ROLL CALL: Aye - Clr. Valentino, Clr. O Malley, Clr. Cosentino, Clr. Alcock, Clr. Augustine, Clr. Greco, Clr. D Amico, and Mayor Einstein Nay - Clr. Hagerman MOTION CARRIED

7 12. MAYOR AND COUNCIL REPORTS Mayor Einstein announced that Lt. Governor Duffy will be speaking at the Geneva Public Library this Friday at 3:00pm surrounding the artifact exhibit. The Mayor also said that a mediation agreement was signed last night including many community partners who came together for meaningful discussions. He encouraged all to read it. Clr. D Amico asked if there was any effort to reach out to the Hispanic Community or other minority groups in the community. Mayor Einstein said that part of the Steering Committee s first meetings will be to look to see who should be involved on a more permanent basis. When asked, the Mayor said that copies of the agreement are on the City website and at the library. Clr. Cosentino asked if the family (of Corey Jackson) was looking to stop their lawsuit in light of the agreement. Mayor Einstein said that the two situations were purposely separated even though the Concerned Citizens Group was represented at the table. Clr. Cosentino said that part of the agreement sounded like affirmative action, and he hoped we don t reduce our qualifications. Mayor Einstein said that the intent was for the committee members to get involved assisting possible applicants in civil service test preparation programs, and leaving hiring standards the same. Lastly, Clr. Cosentino asked if this was going to cost the City money, and City Manager Horn said that the agreement allows the City to set aside seats for the signatory agencies and challenge them to get individuals to register. Clr. Greco announced that the 9/11 Ceremony will be this Sunday, 10:00am at the lakefront. Clr. Cosentino asked if the house on N. Genesee Street that the City just took ownership of could be used as a model house to help potential owners fix up the outside of a house and get in before it deteriorates on the inside and keep it a single-family residence. Clr. Cosentino said that people paying for entrance to the State Park helps to fund the spray park which is sort of an asset to our city even though it isn t located in our city. Clr. Alcock asked for clarification on the request for the Revolving Loan Fund to loan the City $200,000 when the newspaper printed that the amount was $260,000. He also asked if it was a loan to be paid back. City Manager Horn said that the grant called for $200,000, and the additional money would have been for a contingency fund to use if needed. It was intended to be a cash match and the money would not have been paid back. Clr. Alcock then asked about Universal Avenue being paved, and City Manager Horn clarified that the street was done as part of the mill and pave program, and since

8 90% of the homeowners were in the Better Block Program, and the costs came in under budget, curbs were put in. Clr. Cosentino asked about the two city employees involved in the Revolving Loan Fund vote. City Manager Horn noted that he is on both the Revolving Loan Fund and Jobs for Geneva Board, and he is charged with carrying out Council s wishes and vote accordingly. Next Clr. Cosentino brought up an issue with wheelchairs and power scooters on City streets rather than sidewalks. He said he would like the police chief to look at the issue and also wondered if sidewalks were in need of repair, they should be looked at also. Clr. Hagerman mentioned that the Green Committee met and he mentioned the Household Hazardous Waste disposal date and the pharmaceutical drop-off. He said that BID is working on a collaborative plan to market Geneva in a positive, useful way. They are also discussing city owned properties and vacant property and how the city needs to take leadership in neighborhood revitalization. Clr. O Malley said he thought it would be best to have holding companies handle the vacant properties to save on fix-up costs. Clr. Hagerman said that we need to at least pick up around the homes and make sure windows and doors are closed. Clr. Cosentino clarified that he would like to see the city grant money to homeowners to fix up properties with certain specifications. 13. CITY MANAGER REPORT City Manager Horn announced that the audit report is scheduled for September 28 th. He said it looks like the City had a great year in 2010 for all of the funds. He said we have very healthy fund balances. We will do a follow up to the 2012 budget looking at an aggressive pay down of debt. Mr. Horn said that Council will also receive the 2012 budget on September 28 th. He said that the RFPs for not-for-profit organizations closed last week, and he thanked city staff for their sharp pencils. City Manager Horn told everyone that he spoke to Joan at Senator Nozzolio s Office about the boat museum project, and she said that the Senator filed paperwork with the Senate Finance Office to close the last part of the grant allocation. Mr. Horn said that once we have the contract worded appropriately, he will execute, and anticipates that the initial offering from the State will be for us to spend 100% and apply for a single reimbursement. He feels that in the absence of a quarterly reimbursement, the city will need to do a revenue anticipation note. Clr. Greco said he would like to see a report on how much money the boat museum people have raised so far. Clr. D Amico said that the Steering Committee Feasibility Study results are back and reported that the boat museum will be a regional museum covering five regions. He added that it will be some time before significant money comes in.

9 14. EXECUTIVE SESSION 15. ADJOURNMENT ACTION TAKEN by Clr. Alcock; seconded by Clr. Hagerman MOVED THAT council move to executive session to discuss employment history of a certain employee There being nothing further to discuss, Mayor Einstein adjourned the meeting at 8:45pm. City Clerk