Common Council - Regular Meeting

Good evening everyone. I'd like to call this public hearing to order. Purpose of this hearing is to receive input on local law number two of 2026 titled a local law rescending and replacing local law number 12 of 1992 and establishing a fringe benefit package for full-time elected officials. Like to remind everyone that comments during this hearing should pertain specifically to this local law and its contents. If you have questions or concerns about other matters, please reserve those for the privilege of the floor portion of tonight's common council meeting. If you wish to speak, please approach the podium, state your name and address for the record, and keep your uh your remarks concise and relevant to the subject at hand. With that, we will now open the floor for public comment. Abby Zatski, 36 Perry Street. Um, as you know, I'm the former second ward council member last year during an executive session. This matter was discussed with the mayor and the council. I can't provide any details about that session, but I can read you the article in the charter related to this matter. Article 4, section 4.02D 02D states, "The compensation of each elected officer shall be fixed by resolution of the common council at a meeting thereof to be held in June prior to his or her election and shall not thereafter be changed until the expiration of the term for which he or she has been elected." The mayor is aware of this. She did nothing to communicate or follow up with council to make these changes prior to the election last year. Therefore, it is my opinion that this proposed change is both improper and illegal because it fails to follow the legally binding city charter. I urge you all to vote no.

Thank you, Mr. Storski. [clears throat]

Good evening. Um, my name is Erikica Mson for the record. 79 West Fourth Street. I'm also the elected city assessor. I'm speaking this evening regarding local law 2 of 2026 and the administration of the insurance premium buyout. The facts here are straightforward and documented. From February 21 through December 2024, the insurance premium buyout was paid consistently on the last Thursday of each month without interruption. This established a clear and uniform administrative practice. In January 2025, the buyout was withheld, but only as to my benefit. That action was subsequently reviewed, reversed, and corrected in February of 2025. After that correction, the city resumed the regular last Thursday payment schedule for the remainder of the 2025 calendar year. That long-standing practice changed again this year. On Wednesday, January 28th, 2026, I was notified that I would not be receiving an insurance buyout and that checks had been held for one week. They were due the following day on the 29th. At that moment, no local law had been adopted amending, suspending, or lawfully modifying this benefit. One week later, payments were issued to others. Mine was not. As of tonight, my concern is not the timing of any single payment, but whether the law is being applied consistently and perspectively required. The legislative timeline is critical. Local law 2 of 2026 was placed on the February 4th, 2026 agenda, which was released on January 30th, only one day after that stoppage had occurred. Under wellestablished New York municipal

principles, compensation and benefit change must be adopted respectively. Similarly, situated officials must be treated uniformally. Administrative action should not precede the legislative authority required to support it. What we now see is more than an isolated incident. In January 2025, the withholding occurred as only to meet. In January 2026, the payment was again stopped before legislative action was even be begun. Viewed together, this sequence reflects a pattern that warrants careful review. To be clear, this is not about discretion. This is not about sequence or consistency or excuse me, this is about sequence, consistency, and legal sufficiency. Accordingly, I respectfully request that this body carefully evaluate whether local law 2 of 2026 is being applied retroactively in practice, whether unequal treatment has occurred, and whether the city's actions are fully aligned with governing New York law and its own established practices. The public record matters, the timeline matters, and compliance with proper municipal process is not optional because when payments stop first and laws appear the next day, the public is entitled to ask why. Thank you.

Thank you, Miss Munson.

Anyone else who wishes to speak this evening? [clears throat] Christine Pinkusky, 7 Lakefront Boulevard. Uh, since this local law only addresses only elected full-time officials, namely the mayor and assessor, I question the timing of it. City charter says such changes should be made in June prior to the next election, which would be June of 2027. And the changes shall not be changed until the expiration of the term of the elected. So none of this happening now should affect any of them anybody because no one's elected at this point. Since elected officials are exempt from certain laws governing leavetime benefits, they should not be offered paid or made track made to track these lifetime benefits. The answer to the public on election day on whether or not they're doing their job. However, this local law would require elected officials to track leave time to which they should not even be entitled. Since all but one of the city union contracts Whoops. Since all of one but one of the union city contracts are still not settled, uh it would be time to demonstrate that elected officials are also cutting back. Set the tone at the top. If you require your employees to pay a percentage of their health insurance, you too should require it of yourself. However, this local law states that the insurance will be offered at no cost to the officials. A cash payment in lie of health insurance can save the city taxpayers from paying entire cost of health insurance offered its officials and employees. What is determined to be a fair amount to pay your employees that opt out of the health insurance coverage could be reflected here. Currently, I believe is 50% of the cost of either a family or individual plan, whichever the employee is entitled to. If you if you want your employees to be offered a lesser benefit, you should require it of yourself. However, this law eliminates any cash payment in L of health insurance for elected officials, thereby eliminating any cost savings that could occur.

In addition, it is not stated what is the estimated cost or savings of this local law. In the future, could you provide this information for the public's benefit? Thank you.

Thank you, Miss Picowski. Anyone else wishing to speak? Okay. Thank you to everyone who shared their thoughts this evening. This concludes the public hearing on local law number two of 2026. Clerk Nobec, please record that the public hearing has been completed. I will now adjourn the hearing and we will move forward with tonight's common council meeting. And with that, I'll call this common council meeting of the city of Dunkerk to order on this 24th day of February, 2026 at 5:38 p.m. Clerk, please conduct the roll call. Council member Lgoak, here. Council member Terrain here. Council member Frederickson, here. Council member CileTo, here. Council member at largeiser

here. Thank you. Clerk, please rise for the pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for it stands one nation under God indivisible with liberty and justice for all.

Thank you all for joining us this evening. Before we proceed with the business of tonight's meeting, I'd like to take a moment to recognize two individuals who are concluding their service to the city of Dunkerk. First, Jim Mscato, who has served our community as a firefighter. The work of a firefighter demands courage, steadiness, and a deep commitment to the well-being of others. We're grateful for Jim's years of service and the role he's played in keeping our residents safe. I also want to acknowledge police chief Chris Wakowski on his retirement. Leading a department is no responsibility uh no small small responsibility particularly during challenging times. Uh Chief Wicowski has devoted many years to public safety in Dunkerk and we thank him for his leadership and dedication to this community. So on behalf of the common council, I wish both Jim and Chief Wicowski all the best in their well-earned retirements. [applause] And next we have the certification of prior meetings. This is to certify that an official copy of the minutes of the regular common council meeting of Tuesday, February 3rd, 2026 is presented to the mayor on Friday, February 13, 2026. Pursuant to section 3.03 of the Dunkerk City Charter, all items presented to the mayor are now in full force in effect. In witness whereof, I appear to set my hand and seal of the city of Dunkerk, New York, this 24th day of February, 2026. Is there a motion to dispense with the reading of the minutes and approve them as presented?

Moved by council member Frederickson, seconded by council member Terrain. Clerk, please call the role. Council member Lgoiaak. Hi. Council member Terrain. Hi. Council member Frederickson. Hi. Council member CivilTo. I. Council member at largeer.

I. The minutes are approved as presented. We now move to privilege of the floor. The privilege of the floor shall be extended to any person appearing for themselves in which case each individual appearing shall be limited to three minutes and to any person representing any group who shall be limited to a maximum time of 5 minutes. The privilege of the floor is reserved for members of the public to speak on any subject pertinent to the affairs of city government. The city clerk shall have the duty of maintaining such time limits. The chair may determine in their discretion whether individuals are speaking for themselves or representing groups. The chair shall maintain good order and may require any speaker to cease speaking if remarks are made in bad taste or slanderous or not germaine. The time limit specified shall be adhered to except that the chair may allow any person speaking to complete a statement or a thought started before such time expires and a longer time may be allowed by the chair with the approval of the majority of the council. Privilege of the floor is now open. If there any members of the public who wish to speak, please step forward, state your name and address for the record and address the council. My name is Ryan Card, 4845 Union Road, Buffalo, New York. I'm representing ASME Local 912.

[clears throat]

I have been asked to speak tonight concerning the lack of consideration the current administration has for the city's employees represented by this union. These employees have chosen to make civil service their career and serving the city of Dunkirk and its residents their lifestyle. Elected officials can be replaced with every election cycle, but these people have committed to a minimum of 20 to 30 years of their lives to this city. With many grievances and charges already filed, along with more in the process of being filed, there is little cooperation between the city and these workers. We have reached out to this administration on many issues willing to work things out. However, these efforts have been rejected. The city prefers to act unilaterally. This forces its workers to respondse with grievances and litigation. This is detrimental to all parties involved. We are not ignorant to the current financial situation of the city. The members I am represented have long sacrificed financial gains in their dealings with the city. Since 1994, this local has averaged raises just over 2% per year. In the same time, the New York State minimum wage has increased an average of 10 and a half% annually over that same time period. Their contract expired December 31st, 2024. Provisions in that contract call for new employees to start at a percentage of the base pay for their position. This puts many of the new hires just above minimum wage. They then reach that base pay after four years. This was negotiated into the contract to help the city. This more than demonstrates this unit's willingness to work with the city. Incidentally, with no contract raise, some of these positions could be below the New York State minimum wage next year. To think that the city will escape from its current financial woes without the cooperation of the unions and the employees they represent is foolish.

Many cities in the state got bailout money from New York State, including New York City, Buffalo, and even Jamestown. Dunkerk got a $13.7 million loan, losing 1.5 million per year in state funding. Political maneuvers by this administration, the state, and the elected local state representatives have not accomplished anything. This local reached out to the city to offer the resources of ASME International and Council 66 to assist in the processes necessary to receive state aid. The administration has not included us at any point. Money from the state is a short-term solution. The city must look to long-term solutions. For example, if any plan to repower the plant is to work, the entire community should be included and united behind it. Particularly if you are going to compete with other communities who are trying to get a power plant. You will not get any support from the unions that represent the employees of this city if you continue to ignore and disrespect them. We prefer to work with the city to accomplish all of our goals. However, we do not know what this administration's goals actually are. We are currently just reacting to what is being done. Eventually, there will come a time when the workers of the union start actively opposing the city's administrations in their actions. This will not accomplish the goals of the unions nor the administration, but it may become necessary if current actions continue. Thank you.

Thank you, MR. CARR. [applause]

IS THERE ANYONE ELSE WHO wishes to speak this evening?

Good evening again, Erikica Mson, 79 West. Um, I come to you as the elected assessor. I rise tonight to address serious and ongoing concerns regarding the city's administrative practices, internal controls, and adherence to both the city charter and governing law. Let me be clear at the onset. This is not personal. This is not political. This is about lawful, transparent, and competent operation in city government. Across multiple departments, there continues to be troubling evidence of inconsistent communication, delayed financial obligations, unclear policy direction, and executive overreach into areas where authority is explicitly defined by charter and code. Most concerning is the clear and documented failure to follow provisions within the city charter. The charter is not optional guidance. It is binding law. When its requirements are ignored, bypassed or selectively applied, public trust is eroded and the city is exposed to unnecessary legal and financial risks. We are also seeing the growing impact of what can only be described as truth by omission, where critical information is not fully communicated to those responsible for oversight or to the public that we serve. Transparency is not satisfied by partial disclosure. Omission when it obscures material facts has the same practical effect as misrepresentation. I raise these concerns not as a personal grievance but as documented examples of inconsistent administrative controls, lastminut communication and uneven follow- through that demand corrective action immediately.

If we are to restore confidence in the city's operation, corrective action must be grounded in two non-negotiable principles. Public trust and strict adherence of law. Accordingly, I'm calling for the following immediate reaffirmation that the city charter and adopted local laws will be followed as written. Clear written administrative policies governing payroll buyouts and financial controls. Uniform communication protocols so affected officials and employees receive timely formal notice of material change. Restoration of proper separation between executive action and charter defined authority. regular public reporting to ensure transparency and rebuild confidence in city operations. These are not extraordinary demands. They are minimum standards of lawful municipal municipal governance. The corrective path is clear and long overdue. Follow the charter, apply the law uniformally, and restore competent administrative control because what is happening right now raises serious concerns about sustainability, legal competence, and public confidence, and that should concern every taxpayer in this city. Thank you.

Thank you, Assessor Mson. [applause] Is there anyone else who wishes to speak this evening? Going once.

I would like to speak. Sorry, this is my first time um coming to one of these meetings. Uh my name is Maria Isler and my address is uh 522 Westlake Road, Dunkerk, New York. Um there are three things that I I'd like to talk about. I didn't bring anything written formally, so excuse me if I wasn't if I was illprepared. Uh the three issues are uh one was that the other day I passed by the public park. I wanted my dog to just go in for a few minutes and I found a lot of waste from people that hadn't picked up after their dogs for I don't know how much time, maybe an hour, an hour and a half after the very very cold days we had. It was defrost time and it was full. I filled both um buckets there. Um and in each little bag I put like three or four poops. Um so uh I don't mind spending time doing that, but I think it's really um I did it for the city. I did it because I wanted change. But I think that nowadays we have so many resources for this not to happen. We can either take the plates of the cars that park there. Like there was an older gentleman that told me some girls were there. They just let the dog out. I told them, they said, "No, the dog is fine." So the dog runs loose there inside there, does whatever he does. Nobody picks up. And uh I think either through cameras, either either through people having to buy a chip or something to put in a in a thing to be able to open the door. There there's so many ways that we can make a change in that for somebody not to find 200 poops there and not be able to walk their dog in a place that is really a gift to have. Um the other thing is um that um it's a an ongoing problem everywhere in the country that there are some dogs that people desperately try to save while other people try to make some

bucks out of dogs breeding them. So while somebody, you know, earns the $500 for puppy or whatever, somebody else or a whole city is paying $10,000, $20,000 for that dog well-being for the rest of their lives without going into all the hardship that is involved emotionally, physically, etc. in uh saving these dogs these lives from abuse and neglect and all those things. So if um if if I'm mistaken mistaken, correct me if we are allowed to have three licensed dogs per household, why people are allowed to breed their dogs and not license their puppies until they are 6 months old. So they would be having more dogs and then they can go buy female dogs to breed them more while meanwhile other people are struggling and the city wanted to close the shelter because they're dealing with so so many problems that they just you know and they didn't have a dog control officer for a long time etc etc and and going to the dog control officer. It's also like my concern that now that the period of the present control officer that is a very caring person um is going to be over at the end of March uh who will want to be there 247 for cases uh that are so hard to handle while you're earning maybe $20,000 a year. I don't know how how how much without having a car, without having a cell phone, without having any backup, etc., etc. So, um, these are my concerns and I think that there's a lot that one could do. I'm happy to help in whatever way I can. Um, uh, in my background, I'm a physician. I'm a vette and I've been volunteering for shelters in Westfield and in Dunkerk for a total of about 14 years. Thank you very much.

Thank you, Miss Eisler.

Anyone else wishing to speak this evening? Chris Pusky, 7 Lakefront Boulevard. Uh, it's brought to my attention that there's supposed to be a walk-on um resolution tonight concerning um the elevators. Um, in that resolution that I saw, it it's it didn't say how it only said a portion was going to get paid out of a certain line item, but uh some $60,000 was not didn't say how this was going to get paid. um this is what put us in a deficit situation. So hopefully you'll decide where that's going to come from before you approve any such expenditure. Thank you.

Thank you, Miss Pencowski. Any others wishing to speak? Going once, twice. Privilege of the floor is now closed. Next, we move to communications from the mayor, including disapproval messages. Mayor Dovas.

Thank you, Councilman. Um I just would like to echo your sentiment with the recent retirees. Uh certainly we will miss Jim Mscato as a firefighter and Chris Wowski who has spent about a year with us. Um it certainly has been challenging for the chief and I understand his decision and I wish him the best health and happiness in his retirement and on to the next chapter of his life. To address some of the concerns that were raised during the public section, local law 2 of 2026 is being introduced to resend and replace a law that was put on the books number 12 of 1992. It does not reduce the compensation package. It clarifies what is expected. On local law 12 of 1992, elected officials annually must make an election as what they wish to receive for an insurance buyout or insurance that has not been done by Miss Mson. This is not targeted at her. This is a clarification and in reading local law 12 of 1992, it was recommended by the office of the state controller that the fringe benefit package be put into a local law. We are not reducing the compensation. We are not changing the compensation. The compensation will remain the same. The option is you take the insurance or you don't. I myself choose to take the insurance. It's a personal choice. As far as the unions are concerned, I understand their frustration. What is currently happening with the unions is reversion to the original contract language. So I would encourage all of the unions should they wish to continue this, their grievances will be responded to. We have had open communication and resolved several of the union contract issues that have been brought to my attention. So, Mr. Cart is incorrect in saying that this

administration has not been willing to work with them. We have settled more than we have not settled. With that, again, I wish Chief Wowski the best in his retirement. Thank you, Mayor. Next, we'll address communications from the public and petitions.

Request from Revitalized Dunkerk to hold their fourth annual cleanup in conjunction with National Fuels Day of Doing on Tuesday, April 21st, 2026 from 12:30 p.m. to 4:30 p.m. with a rain date of Thursday, April 23rd, 2026. Any discussion, council? I wanted to revitalized Dunkerk. Um we're fortunate to have that done. Um and that residents are invited to join in. Sign in station will be at the Dunkerk Pier and there will be gloves, trash bags, and assignments.

Anything further, council? Okay. Do I have a motion to refer to the appropriate departments as well as approved subject to appropriate insuranceances and usual conditions? Moved by Council Member Lusco, seconded by Councilman Frederickson. Clerk, please call the role. Council member Lyscoak. Hi. Council member Terrain. Hi. Council member Frederickson. Hi. Council member Cileto. Hi. Council member at largeiser. I. Motion carried. Request from revitalized Dunkirk to once again provide their hydration station for Dunkirk's annual Memorial Day parade. Any discussion, council?

Okay. Hearing none, do I have a motion to refer to the appropriate apartments as well as approve subject to appropriate insuranceances and usual conditions? Moved by Councilman Terrain, seconded by Council Member Lusco, clerk, please call the role. Council member Luscoiaak. Hi. Council member Terrain. I. Council member Frederickson. Hi. Council member CileTo. Hi. Council member Large Wiser. I. Motion carried. Request from Alacia Hasemane to use Memorial Park for an evangelistic service on Saturday, August 8th, 2026 from 12:00 p.m. to 4 p.m. Also requesting the use of city stage and all fees be waved. Is there any discussion? Council,

are we waving fees for these events or are we charging fees? Last year we did not wave the majority of fees. Right. If if we if we wave this fee and we have [snorts] I mean it's the president wave fees the rest of the year. So correct. So am I am I hearing a consensus that we'd like not to wave the fees? Yes.

Okay. In that case, I would ask for unless there's further discussion, I'd ask for a motion to refer to the appropriate departments as well as approve subject to appropriate insuranceances and with the condition that we will not be waving fees. Moved by Councilman Cileto, seconded by Councilman Frederickson. Clerk, please call the role. Council member Lasco, I. Council member Terrain, I. Council member Frederickson, I. Council member Cileto, I. Council member at largeer,

I. Motion carried. Request from Brian Mayor to operate the Dunker Flea Market in the parking lot on the corner of Washington Avenue and Lakeshore Drive East every Saturday from May 2nd, 2026 to September 5th, 2026 from 6:00 a.m. to 3 p.m. Also requesting a porta potty, trash can, and 12 traffic cones for the season as well as permission to place the flea market sign at the location. Is there any discussion? council. Do we the city pay for the four pies? I believe last year they had it donated, but I can double check that with Scott.

U Mr. Meyer is here and could field any questions. Normally there's enough money turned in to the festival committee to pay for it. Okay. Sure. Request is just to have a potty lo available. Okay. Any further discussion, council? Okay. Hearing none, do I have a motion to refer to the appropriate departments as well as approve subject to appropriate insuranceances and usual conditions? Moved by council member Frederickson, seconded by council member Lysco. Clerk, please call the role. Council member Lyscoak. I. Council member Terrain. I. Council member Frederickson. I. Council member Calto. Hi. Council member Large Wiser. I. Motion carried.

Request from the Cystic Fibrosis Foundation to host their Shiitakwa County Great Strides Walk at the Lower Pavilion in Point Gratchet on Saturday, June 13, 2026. Requested requesting standard pavilion rentals be waved as well as a police escort if possible. Any discussion, council? Again, we're not going to wave the fees. Is there consensus that we don't want to wave the fees, council? Yes. Yes. Any further discussion, Chief Wakowski, is this something that the uh police department can accomplish?

Thank you. Okay. In that case, do I have a motion to refer to the appropriate departments as well as approved subject to appropriate insuranceances and with the condition that we will not be waving fees? Moved by council member Terrain, seconded by council member Lusco. Cler, please call the role. Council member Lgoiaak. Hi. Council member Terrain. Hi. Council member Frederickson. Hi. Council member Cileto. Hi. Council member at largeiser. I motion carried. Notice of claim from Joel Dempsey for alleged damages caused to their vehicle by a city tree. Any discussion? Council

hearing? None. I need a motion to refer this to the law department and department of public works. Moved by council member Frederickson, seconded by council member Ciletto. Clerk, please call the role. Council member Lasco. Hi. Council member Turring. Hi. Council member Frederickson. Hi. Council member CivilTo I. Council member at largeiser. I. Motion carried. Loud speaker permit request from the Northern Shitakqua Conservation Club for live bands, speakers, and a radio from May 20th, 2026 through October 1st, 2026. Any discussion? Council, do we remember what the times are for those?

There's a time frame set um for the lakefront. Okay. says until one two one. Yeah. 1 a.m. It's It's till 1 p.m. 1 a.m. or 1:00 a.m. Yes. Thank you. Anything further, council? Okay. Hearing none. Do I have a motion to refer to the appropriate departments as well as approve? Moved by Council Member Civoto, seconded by Council Member Terrain. Clerk, please call the role. Council member Lasco. Hi. Council member Terrain. Hi. Council member Frederickson. Hi. Council member CivilTo. Hi. Council member at large Wiser.

I. Motion carried. We'll now move to reports of standing committees, boards, and commissions. Council member. Yeah. I wanted to remind council members about to drive through their boards and give a list to Randy of the Department of Public Works regarding polls, meeting, paid over the worst list of streets maybe paving entirely once the snow is gone for good of course. Oh, it's not on. There you go.

Okay. I wanted to remind um council members about driving through their wards and giving a list to Randy of the Department of Public Works regarding the holes needing paved over and the worst of the worst list of streets needing paving entirely once the snow is gone for good. Of course. Hey Randy, when is asphalt ready from the company that we purchased from this year from experience? I know there is none available right now.

It usually opens around April 1st and with your lists uh handy. We'll patch first and then we plan to go out quickly to Mill and Fill. Uh the 300 block of Washington Avenue is pretty bad. Uh Swan Street, the whole length is bad. Um there's several that are immediately on the list and uh the road behind PNG is pretty bad, but add to it and if we can put together a mill and fill uh bid that we we'd like to do that and if we uh we want to do the traffic light at Washington and third at the same time because we can use CHIPS money if we incorporated into the mill and fill. So, uh, points are well taken about getting taking a look at it. Andy's out there looking at them. I'm out there looking at them. The whole streets division is looking at them. So, we're all making a list. And and we uh we were able to carry over about a quarter million dollars of chips money from last year. So, we should have a good chunk of nonadalora money, non non city tax money, state grant money to put towards the roads this year. So, we're anxious to get started a little earlier than we did last year. Thanks.

Thank you. Thank you. Um the next Department of Public Works committee meeting will be at the water department, a sort of field trip. Um all residents welcome. It is tentatively tentatively uh Thursday, March 26th at 1 p.m. We are seeking out the particulars and approvals. The exact date will be on the website calendar soon. Thank you. Thank you, Council Member Terrain.

Yes. Good. Good evening everyone. I uh had my first personnel committee meeting on the 18th and uh just some of the highlights of it. We talked about the uh strength of our of our departments and uh retirement expected retirements. We do have some expected retirements. Um we also talked about uh um uh whether or not we're able to fill some of those positions and uh the process that we're going through in order to get those positions filled. Um, I know it's been talked about have making sure that we're following uh uh the charter and following policies and that's one of the other questions that was asked and I talked about was uh was policy. Also, we talked about uh the wastewater treatment plant and the need to to uh take a look at getting somebody trained and and and certified to be at the wastewater treatment plant. We looked at that as being a critical need. Um we we uh discussed uh cross trainining. We also discussed evaluations and how we evaluate the uh personnel that are working in the in the uh city. Not not just to look at uh at at per evaluations are not meant for for to look at bad things. They're meant to also encourage. They're meant to train. They're meant to to uh take a look at how we're performing because efficiency also saves money. So, we want that's one of the other things that I was looking at. Um, our next meeting is going to be in March, I think, uh, March 18th. That that's the date we set for it, March 18th at 10:00. And so, I encourage, uh, the public, you more than welcome to come out as we make our mo make our our steps toward getting things efficient in the city as far as personnel is concerned. and and and by all means I do recognize that we have

people that in the city that are working that are doing excellent job and so I want to detract from that. So I want to make sure you understand that I I understand that. Um and my my uh my my goal here knowing that that we have people that are doing an excellent job is to see if we can get people to do an even better job than what you're doing before because we're we face challenges here. facing challenges and we and to overcome those challenges, you know, we need to make sure that that everybody is working efficiently. Thank you, Councilman Frederickson.

Um, couple things. First, Randy, a shout out to the water department. Um, the Welch family over on Newton Street back on February 6 woke up in the morning with no water. They called the water department. Workers came over. spent the part better part of the day in single digit sub-zero weather. By the time they left again the day, they had water. They were ecstatic. So, thank you to your water department for their work and trying weather conditions. Councilman, I'll pass that on. Thank you.

Um Randy, again, potholes on Central A northbound by Quickfill at the intersection all the way across that lane. So, if we can do something when we start doing the the patching and the filling in, maybe we can hit those up. Okay. And the council when you see them, you got my text me on my cell phone right away. Don't wait till the council meeting. I mean, that that's perfectly fine because you probably just saw it, but don't don't hesitate. Let me know right away. Thanks. And that goes 247. Not for the whole public, but for for council, please. Thanks.

Gotcha. Okay. Um, Mayor Diaz, last week I believe you had a meeting with County Executive Wendle. Um, any updates on what was discussed um that pertains to the city?

Thank you for that. Uh, I did forget to mention that in my portion of the comments, we had a very productive meeting with the town of Dunkerk, the town of Comfort, the village of Fonia and the city of Dunkerk. And we will have another meeting on March 13th. Uh, right now it is a community stakeholder. So it will be the four municipalities and the county executive. I believe the county executive may ask um our assembly men and senator to join us for that meeting. It is talking about consolidations of the municipalities.

And Chief Wowski just on the back of her said thank you for your service and for making Dunkerk safely. Congratulations and good luck in every in whatever comes next. Thank you, Councilman Ciletto.

Um, we did have an economic development meeting today. Um, the minutes weren't put together yet. So, since it was only at 4:00, I wanted to make sure that I didn't forget anything. So, I'm going to um do a um overview of what we talked about in at the next meeting. Um, and just for the information of the community, it's on the last Tuesday of the month in the economic development um, conference room at 4 p.m. Um, and seeing as though a lot of the snow is melted, I'd like to thank the streets department for uh, doing a great job plowing this year. Um, I've noticed uh that it's been fantastic. So,

um, thank you. Um, that's all I have. Thank you. Yeah. Um, I I had a question that that I I skipped over that I'd like to ask. Go ahead. U to, uh, Director Mudson. U I'd like to ask uh uh whether or not uh you know when the last time we we did a reassessment of the properties in the city bunker. I do. I was actually in high school. So that was just a couple years ago. Careful. Um it was roughly 30 years ago. Uh it started in 1996 and I believe it concluded just in early 1998.

Do you have any idea what it would cost us to do a reassessment? Um those numbers are pretty wide spread um based on what kind of a company or who you would hire [clears throat] to do something like that. So to give them off the cuff, I can't do that. But I can gladly work on those numbers to share them with you and the entire council. Okay. Anything further?

Okay. Thank you. Chair of the finance committee, I'd like to briefly clarify a few matters that have generated some confusion. First, local law number two of 2026, which is currently under consideration, pertains to the fringe benefit package for full-time elected officials, of which there are only two, the mayor and the city assessor. It does not apply to city employees generally, and it does not attempt to amend or override any collective bargaining agreements. Second, discussions surrounding insurance buyouts are entirely separate from this local law. The council has taken no formal action with respect to insurance buyouts. Any administrative decisions or negotiations in that area are not actions of this legislative body. With respect to the 2026 budget, the common council fully funded fringe benefits, including health insurance appropriations using the figures provided directly by the office of the state comproller in its November 21st, 2025 report. Those appropriations were set consistent with the comprollers's guidance and were not reduced in anticipation of eliminating or modifying buyouts. I believe it is important for the public to understand that these are distinct matters. The local law under consideration addresses fringe benefits for two elected positions. Insurance buyouts to the extent they are being discussed or negotiated are a separate administrative issue. With that, our next finance committee meeting will be held this coming Monday, March 2nd. Time TBA in the Sterns Building, first floor conference room. We'll now proceed with unfinished business. Clerk, please introduce local law number two of 2026.

Local law number two-2026, a local law rescending and replacing local law number 12 of 1992 and establishing a fringe benefit package for full-time elected officials. Public hearing on this local law was held immediately prior to tonight's meeting and all interested parties had an opportunity to speak. Is there any [clears throat] discussion from the council at this time? No discussion, but I'd like to make a motion to table this. Is there a second? Seconded by Councilman Frederickson. Uh it's been moved and seconded to table local law number two of 2026. Clerk, please call the role. Council member Lgoak. I. Council member Terrain. Hi. Council member Frederickson. I council member Caliletto I.

Council member at largeiser. I the motion to table carries. Local law number two of 2026 is hereby tabled. We will now address the pre-filed resolutions. Clerk please introduce resolution number 19 of 2026. Resolution 19-2026. Resolution authorizing agreement extension for the city of Dunkirk's independent auditor services. Any discussion? Council. Okay. Seeing none, clerk, please call the role for the vote. Council member Lyscoiaak. I. Council member Terrain. Hi. Council member Frederickson. I. Council member Cileto. Hi. Council member at largeer. I. The resolution is hereby adopted.

Resolution 20-2026. Resolution accepting HUDLE hazard reduction capacity building grant program and engaging Shitakqua Home Rehabilitation and Improvement Corporation as a subreient. Any discussion? Council. Okay, hearing none. Clerk, please call the role. Council member Lasco, I. Council member Terrain, I. Council member Frederickson, I. Council member CivilTo, I. Council member at large Wiser, I. The resolution is hereby adopted. Resolution 21-2026, resolution authorizing an addition of an administrative fee to water accounts relevied onto the city tax bill.

Is there any discussion? council. Uh, I want to make a motion to table this. There's a there's a a question based on the percentage. Okay. I would like to get a clarification on. Okay. Is there a second? Second. Seconded by council member Loviaak. Unfortunately, it's a non-debatable issue. Um, with that, clerk, please call the role for the vote to table. Council member Lysco, I. Council member Terrain, I. Council member Frederickson, I. Council member Calto, I. Council member at largeiser I the resolution is hereby tabled

resolution 22-2026 resolution authorizing lease to purchase one vehicle for police department through state bid number 68978.

Is there any discussion council? Yeah, I before we vote, I just wanted to bring to the attention that the numerical number is different than the actual written out. Um, I did check the contract in the clerk's office and it is 48,222, but I will, you know, um, as long as that is changed, the numerical amount, I, you know, don't mind voting on that. where specifically

in the result at the very end in the parentheses the actual number is different than what it is in the whereas and typed out before that.

Okay. In that case, we could uh we could make a motion to amend the resolution language so that the amount in the resolved clause matches the amount in the final whereas clause. Uh we would change it to the amount of $48,222. Is there a motion to amend the resolution to read $48,222 in the resolve clause? So moved.

Moved by council member terrain. Seconded by council member Frederickson. Cler, please call the role on the motion to um amend. Council member Lecoak. I. Council member Terrain. I. Council member Frederickson. I. Council member Caliletto. I. Council member at largeiser. I. Motion carried. Is there any further discussion on resolution 2020 uh 22 of 2026 as amended? Council member Cileto, I just wanted to ask Chief Pinkowski, um can you elaborate on the need for for the new vehicle and what what the problems are with the old older vehicles?

Yeah, our vehicles run 365 days a year. idling a lot. You know, we had an old car that just was around for too long and it cost us a lot of money. So, good schedule will help the city in a long way. So, this is this is all budgeted for you just want to replace a good schedule. Thank you. Any further discussion, council? Okay. Okay, hearing none. Clerk, please call the role for the vote on amended resolution 2020 uh 22 of 2026. Council member Lcoyak. I. Council member Terrain. I.

Council member Frederickson. Hi. Council member CileTo. Hi. Council member at largeer. I. The resolution is hereby adopted. Resolution 23-2026. Resolution authorizing the city of Dunkerk to enter in a secondary agreement with the Shaka County Humane Society for the care and housing of canines. Is there any discussion? Council. Okay. Hearing none, cler, please call the role. Council member Leco. I. Council member Terrain. Hi. Council member Frederickson. Hi. Council member Ciletto. Hi. Council member Largewiser. I. The resolution is hereby adopted.

Moving on to new business. We have before us a couple of walk-in resolutions. Clerk, please introduce the first walk-in resolution. Walk-in resolution 24-2026. Submission of um program year 2022, 2023, and 2024 consolidated annual performance and evaluation reports for the city of Dunkerk CDBG program to HUD. Okay. Okay. If we're to discuss this, we would need a motion to accept the walk-in resolution onto the agenda. Moved by Council Member Lusco, seconded by Council Member Civoto. Clerk, please call the role. Council member Luscoak. I. Council member Terrain. I. Council member Frederickson. I. Council member Cileto.

I. Council member Large Wiser. I. The motion to accept the walk-in resolution on the agenda is carried. Is there any discussion on walk-in resolution number 24, 2026? Council member Civeta. Um just wanted to let everyone know just in defense of um our HUD director um from what I understand she told me during the uh economic development meeting that this was put in on time. So uh she apologizes if there was a some type of delay beyond what she had um to the council for having this to be a walkin. Um,

that'd be it. Great. Any further discussion? Council. Okay. Seeing none, clerk, please call the role for the vote. Council member Liscocoak. I. Council member Terrain. Hi. Council member Frederickson. I. Council member CivilTo. I. Council member at largeiser. I. The resolution is hereby adopted. Walkin resolution 25-2026. Resolution authorizing emergency change order to repair latent defect defound found during recent modernization of the city hall elevator.

Okay. Again, if we are to take this up, we would need a motion to accept the walk-in resolution onto the agenda. Moved by council member Frederickson, seconded [clears throat] by council member Terrain. Clerk, please call the role. Council member Lyscoak. Hi. Council member Terrain. Hi. Council member Frederickson. Hi. Council member Civotto. Hi. Council member at largeweiser. I. Motion to accept the walk-in resolution under the agenda is carried. Any discussion on walk-in resolution number 25 of 2026. Council.

Yeah. I wanted to ask attorney Romano. I see a lot of terms and conditions for the company, but not a warranty on their work. That's quite a lot of money. So I do see that you're going to review the warranty terms like what they are not if. Correct.

Yes. Um so just to elaborate on this a little bit I've been working with um director Woodbury on the elevator project specifically uh per the terms of the 2010 Americans [snorts] with Disabilities Act. Any building with three or more floors of which uh the Dunkerk building as well as the Sterns building both are requires an elevator to be in working order. Um, obviously the buildings themselves are grandfathered in because they're pre20200 construction. However, the two buildings were combined with each other in 2020. Um, which means that, you know, per the ADA, we should have a way of um getting people with disabilities to the upper floors, including this council chamber. Obviously, in cases where um like right now where we don't have that capability, the city can provide alternative means such as uh the video conferencing for folks to attend meetings. However, uh you know, longterm we do need a working elevator. Hence, uh I asked Director Woodbury to work the companies and uh since it is a quite a large expenditure, see if we could do a a payment plan so that we could get it fixed immediately and then budget to pay it off in the subsequent years. So, I asked uh Director Woodbury to look into that contract. I'll be uh further looking into it, but I'll, you know, throw that to him as far as uh the actual terms of the contract at this moment.

Sure. Uh we're moving fast on this because of the legal implications of the uh resolution is labeled an emergency under procurement policies of uh office of general services and it definitely is based on the uh legal exposure we have here. Um also it's the right thing to do. Uh we initially got a quote an estimate that was more than $25,000 more than what we firmed it up to. So, I'd like to thank uh Mike and Lou for working with the company to get a better number to firm that up. Um, we do recognize that we have money to pay the deposit and get things going, but the resolution also recognizes that we have to come back uh hopefully as soon as the next meeting in a week or so with the rest of the uh answers on the rest of the financing. So, this is a fasttrack uh emergency thing to get going uh to be compliant with federal law. Uh so, I ask that you consider that. Uh emergencies are never ideal. Um but they have to be addressed. So, we will work with fiscal affairs, work with the mayor, work with the city attorney, work with all the council. We'll get it done. We there's lots of places to find a way to do it. Um, but the easiest decisions to make are when you don't have a choice. Um, I'm sorry to bring that to you, but that elevator for many reasons has to be fixed rather quickly. Um, it's was found to be unsafe, so it's locked out right now. Thank you.

A question. Um, just this is just not just to satisfy me, but also the public. If we were to get fine, I mean, what would that what would that be? Because I mean, we're debating. I know the debate with the public may be where is the money coming from, but what would the fine be? So, I I would say at this time, the city is taking good um taking active steps to repair the issue. Okay.

Um the Department of Justice is the agency, the federal agency that enforces the Americans with Disability Acts. Um, in my reading of it, they stated that they could enforce fines up to $150,000 for egregious egregious violations of the act. Obviously, um, you know, I've worked on the matter on my own trust, uh, Councilwoman Lup Natalie's concerns and, um, you know, the director Woodbury as well as this department have been working on getting quotes and getting the elevator back up and running. I just, um, we cannot have it go on forever. Again, the question is to make sure that that that uh the public understands the, you know, why it's an emergency and and the and the urgency of why we need to get this done.

So, thank you. Yep. Is there any further discussion? Council, are we prepared to vote on this tonight? Okay. Clerk, please call the role. Council member Lgoiaak. I. Council member Terrain. Hi. Council member Frederickson. I, Council Member Cileto, I, Council Member Large Wiser. I The resolution is hereby adopted. As we near the conclusion of tonight's meeting and move into the new business portion, I understand there's a need for an executive session to discuss matters of pending litigation. Um, I'm sorry, I'm sorry. It's um, it is for sale, city own land. Thank you.

Yes. Yes. I didn't really prepare anything, but I just wanted to thank everybody for, you know, being there during my time. You know, that's been an honor um serving this city. Um, no one sacrificed more than my family over here. And I knew I wasn't going to make it, but I want to try. So, I can't give gratitude to everybody, but I have to give gratitude to them. So, thank you.

[applause] [applause] Thank you, Chief. Um, Attorney Romano, you mentioned uh it's pertaining to the sale of city-owned property. Yes. In that case, uh, I would ask for a motion to enter into executive session for the purpose of discussing matters of the sale of city property. Moved by Councilman Frederickson, seconded by Council Member Lusco. Before we vote on this, I'd like the public to know that we will not be taking any public action after we conclude the executive session. So, there's no need to stay unless you'd like to. Clerk, please call the role. Council member Lasco,

I. Council member Terrain. Hi, Council Member Frederickson. Hi, Council Member CileTo. Hi, Council Member at Large Wiser. I motion carried. Now enter into executive session. For the record, the time is 6:30 p.m.