Common Council - Regular Meeting

Now I'm here. A lot of that crazy I do part time because my population See for years I'm not saying they did We're talking about in a way if you think about it more involved years ago. Hey, wait a minute.

So, how much? I saw your notes. So, they got quite a few nests. 300. Well, 300 nest each other. Okay. That's a less number than the year before last. Yeah. Look at it divided in half at the one time they can. So I THINK HE'S LEARNING TO come here. Yeah. What's his name?

Okay. So, they had to go up there as well. We can have a healthy business district again. like how are you working today? I know they never going to reach out to other That's why we get him in here. Heat. Heat.

Heat. Heat. Oh, I'm so sorry. I know you're so Thank you. How's your new job? Hi, how are you? Heat. Heat. Heat. Heat. Yeah. Heat. Oh,

heat, heat. Heat. Heat. That's amazing. Heat. Heat. Got it. Okay. Heat. Heat. Yeah. Heat. Heat. Heat.

schools have teams. We were there Saturday.

Still a 4hour window. I don't know some of those guys doing curve balls pretty I could imagine my ass is of the essence of the show. It's going to be

scary with him. It could just be good for me. It's okay.

Did you just Well, thank visualizing. Oh my god, she is just too cute. But let me see, man. She is really adorable. But I freak. Let me see. Freak. I didn't tell I didn't receive it because I don't know what you're talking about.

Hold on. I'll show it to you. Good evening everybody. I will now call to order this public hearing of Dunker Common Council, Tuesday, May 5th, 2026. The time is 5:31 p.m. This public hearing has been duly noticed for the following matter. Clerk, please read the public hearing notice. Notice for a public hearing held by the common council on Tuesday, May 5th, 2026 at 5:30 p.m. in Ducker City Court. The local law number three of 2026, a local law amending the city charter and code establishing a combined city clerk, treasurer, and city controller. Thank you. This public hearing relates to local law number three of 2026. And I'd just 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 remarks concise and relevant to the subject at hand. With that, we'll now open the floor for public comment.

Good evening. Nancy Nichols, 212 Lincoln Avenue, Junth, New York. Um, on this position of a controller, how is this position going to be funded? First of all, and I understand that it's going to be for a six-year um term. Where is the money going to come from after the first two years that it's supposedly to be funded from? Are we going to be raising more taxes? Second, and thirdly, why do we need this when we have two people in the finance department that should know what they are doing? And then when will the person that's going to be hired for this position be covered by any city insurance? council really needs to look at the big picture here for all city taxpayers. Don't be blindsided, but they want what they want to tell you. Thank you all.

Thank you, Mr. Nichols.

Good evening, council. Patricia Shan, Six Street, Dunkerk, New York. First, is the job description or the information on this position available to the public on Facebook or on the city of Dunkerk website? Because I went through the entire website and I was not able to find it. Do we readily know that before I ask any questions? So, nobody knows for sure that this is even on the city of Dunkerk website for the public to look at. Well, I think because it hasn't been passed, it's not it's not set in stone and we we still aren't going to do that today. So, okay, because I'm not here to argue against this position itself. I'm here because when you replace an elected role with an appointed one, the public deserves to clearly understand the structure of the safeguards and the accountability that's built into it. Right now, that doesn't appear to be clear, though. So, I'm asking for straightforward answers to some basic questions. Is there a finalized written job description and has that been made public? Is it a civil service position? And if so, does an exam already exist or is one being created specifically for this role? If an exam or qualifications are being developed, how is fairness being ensured so that it is not tailored to a specific individual? How will this position be filled? Through an open public posting or by direct appointment? Is there an interview panel? And if so, who will serve on it? Or is this solely at the discretion of the mayor? While there are required qual what are the required qualification and who will verify these? What will the full salary, benefits, and total cost and exactly where is this reflected in the current budget? What authority does this position have on a day-to-day basis?

Will this role have any signatory authority over funds or contracts? Does it duplicate responsibilities already handled by existing staff or contractors? What are the checks and balances that this one person is appointed to? What authority does council retain beyond the initial vote? What is the removal process if something goes wrong and who has that authority? Will this position be subject to regular public reporting? Will records and work performed be fully accessible under foil? Is there any independent oversight or audit functions tied to this role? How are conflicts of interest defined and prevented for this position? And if a future administration or council disagrees, are they effectively locked into this appointment for the full term? These are not unreasonable questions. They are basics of transparency and good governance. Please, because when voters we remove from an elected position to an appointed one, accountability doesn't come from elections anymore. It has to already be built into the system. If these qual questions cannot be clearly answered tonight, then any formal action on this should be tabled until they can be. That's not a delay. That's called doing it the right way. If that system is solid, then these answers should already exist and be able to be provided. With the current level of public distrust, the question carries even more weight. If the answers are not clear now, that only reinforces the concerns that the people already have. I thank you for your time.

Thank you. Anyone else who wishes to speak at this time?

Hi, Jonathan Scott Brook Drive. Um, I'm here on behalf of the neighborhood, Point Crashion Neighborhood. Um, we would like to know where the Dunker Motel issues stand. Mr. Mscato, if you could reserve your comments at this time for the privilege of the floor during the regular council meeting. It'll be uh probably just about 5 minutes or so. [snorts] Ronald Burnside, 165 Point Drive North. I came to the city clerk's office today and got the print out of the law which would give you the information that you wanted. Thank you. Absolutely. It's not on the website.

No, no, it's not on the website. It was never even published as on the council meetings because the city clerk's office, I think, is a little behind because they're very overworked. So the question is the city clerk's office is pretty much overworked and we're going to give them more responsibilities. Interesting. We're also going to hire a controller and a fiscal affairs officer for a six-year term when the mayor's term is four years. Meaning if the mayor wanted to have two terms, she would effectively have a fiscal affairs officer there for another four years and a controller there for another four years, serving at her pleasure or his pleasure instead of the new mayor's pleasure. Interesting. It's similar to what Buffalo does with the Democrats. Yes. Turn roll your eyes, Mr. Terrain. They put their mayor in, now they're going to put somebody else in. It's effectively being a one-sided political party. And I know we don't have political parties in Dunker because we're too small. But that's the way it is. I I I just don't understand. And if the controller is ill, the fiscal affairs officer takes care of her. And if the fiscal affairs officer is ill, the controller takes care of it. I thought we were creating checks and balances instead of let's do each other's job. We're supposed to become fiscally responsible. That means a checks and balances. And we're not doing it the way this is written. It was thoroughly written by somebody. They gave them too much

authority. They can fire their own employees according to civil service laws. I thought we I just don't think it's a good law. I think you should just t not even table it, throw it out and start again because the way it's written, it's not good. And the qualifications for a city clerk very extensive. Fiscal affairs even more extensive. And for the controller, more extensive. However, how much education do you need to get a four-year degree beyond in a working environment? That's not determined. It all depends on whoever. Thank you.

Thank you. [clears throat]

Is there anyone else who wishes to speak on the issue of local law number three of 2026 at this time? Okay, seeing none, thank you to everyone who shared their thoughts this evening. This concludes the public hearing on local law number three of 2026. Dobeck, please record that the public hearing has been completed. I'll now adjourn the hearing and we will move forward with tonight's common council meeting. I now call the regular meeting to order on this 5th day of May, 2026 at 5:41 p.m. Clerk, please conduct the roll call. Council member Lccoia here. Council member Tine here. Council member Frederickson, he's excused. Council member Cileto here.

Council member at largeer

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 which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you for joining us this evening. Before we continue with the business of tonight's meeting, I'd like to take a moment to acknowledge and congratulate Jim Elman and Paul Trippy Jr. on their recent retirements from the fire department. Jim is retiring after 40 plus years of service and Paul has a combined service with Dunkirk 19 years and Fredonia of 27 years. We wish them all the best in their retirements. Next, we have the certification of prior meetings. This is to certify that an official copy of the minutes of the common council meeting of Tuesday, April 21st, 2026 was presented to the mayor on Wednesday, April 29th, 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 Dunkirk, New York, this fifth day of May, 2026. Is there a motion to dispense with the reading of the minutes and approve them as presented?

So moved. Moved by council member Loviaak, seconded by Councilman Terrain. Clerk, please call the role. Council member Loviaak. I. Council member Terrain. Hi. Council member Cileto. I. Council member at largeiser.

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 3 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 se any speaker to cease speaking if remarks are made in bad taste or slanderous or not gerine. 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.

Okay. Before we open the floor, I'd like to briefly clarify a point of process. Public comment or privilege over the floor is an opportunity for residents and stakeholders to address council on the record. It is not structured as a back and forth dialogue. Council members and members of the mayor's administration are amendable to fielding any direct questions raised outside of the meeting itself. So, please note that before we begin. With that said, privilege of the floor is now open. Is there any members of the public who wish to speak? Please step forward, state your name and address and address the council.

I apologize for coming up early. Just done there. Um Jonathan Mscato, 10 Brook Drive, Dunkerk. Um my question was again the Dunkerk motel issues. Where do we stand on the process of the demolition on the back building and the process with the rooms on the west end of that building that are supposedly condemned, which he is still putting people in. As of last night, the lights were on in there again. So, if they're condemned, you guys, I can't I can't tell you what to do, but you have the orange placard stickers. Maybe put those on there. That'll deter him from doing this. And as and as of this afternoon, he has probably become a U-Haul rental shop. Now, the signs are up on the the signs out front, U-Haul rentals, and there's trailers and other things there. I don't know if you need a variance for that or what kind of permits you need to have that, but it it's bad enough the neighborhood has to look at the structure. Now, we're going to have to look at U-Haul vans. So, we're trying to keep the neighborhood nice. there are private investors in the neighborhood that are spending a lot of money on other facilities there. Um, and this is just bringing it down. So, if something could be done answered, I'd appreciate it. Thank you.

Thank you, Mr. Mscato.

Good evening. My name is Barbara Hul. My address is 122 South Ocelot Street in Dunkerk. Good evening, mayor and members of council. As one of your constituents in a real estate assistant with a local law firm, I would like to address some concerns regarding the city clerk's office. While I understand the office has been experiencing transition, these items are important and I feel need to be addressed. Um, I did hear that they are overworked and I appreciate the work that you do. I understand that. But within the last couple of months, I have phone messages. I've left phone messages not getting a return call. I've had my calls directed to incorrect departments or to a voicemail of former employees unable to leave a message. When ordering tax certificates, it's now taking me two to three weeks to receive those in a real estate transaction. That information is critical. City tax certificates also, excuse me, do not contain accurate or up-to-date information regarding taxes or water billing. I've had issues that I've had to straighten out after the fact. Ordering final water reads bills arriving sometimes two to three weeks after the request which again we have to hold money back for clients and that sometimes creates problems or we don't hold back enough. Two separate incidences happened regarding tax collection within the last few weeks. According to the 2026 county tax bill, it states that the taxes for the county can be paid at the city tax location until June 1st. We had a bank closing. The bank check was made payable to the city of Dunkerk. We arrived here at the end of April to pay that county

tax bill only to be told it had to be paid at the county. The check had to be reissued. We had to go back to the county and ask why. We were told that the tax bills for the county were sent up in midappril. So, how can we rely on a tax bill if the information is incorrect? The 2026 city tax. Um, again, I realized that everyone is overworked. When I came to pay that, I needed to check to see if it would it was paid by a mortgage company. That information was unavailable. The system was overloaded. The um staff here were overworked. Um that money is now being held pending confirmation that it was paid by the bank. Um attorneys rely on the accuracy of the documents were provided in order to serve. Being a resident of Dunkerk and working with the people, I respect what you do. I respect the way I'm treated when I come in and the phone calls. And I realize there's a learning curve with the new computer system and training new staff and new job opportunities. I just wonder how long is that curve going to take and how will this continue to impact our city. Thank you for your time. Thank you, Miss H. Uh, good evening. Devin Fredus, 11 North Serville Street Secretary, Local 616 Dunker Professional Firefighters. The recent vote of no confidence in the public statements made by our unions were never about politics or personalities. They were made because we have a duty to speak up when the safety of our members and the residents of Dunkirk are at risk. This is about

blowing the whistle on serious concerns affecting Dunkerk's public safety. When staffing resources, leadership decisions, and working conditions threaten the ability of police, fire, and emergency personnel to protect this community. Silence is not an option. Our members live here, work here, and serve here. We want the same thing every resident wants. A safe city, accountable leadership, a properly supported public safety services. This is not a political issue. It's a public safety issue. We will continue to stand together, speak the truth, and navigate advocate for the protection of the people who call Dunker Cole. Uh [clears throat] my next issue addressing is the comments made of the mayor from the interview with channel 7 about the affordability of raises for city employees. Over the past 14 years, the Dunker professional firefighters have taken eight zeros at a rate of 0.8% annual increases in their salaries over those 14 years. Stop making this about us being one of the cities that one of the city's departments that the city can afford. The cost of living has increased 43.8% over the same 14 years. Last year the the mayor asked for a $20,000 raise. That's over a 30% raise. Everybody can do the math. My next subject is I want to address I spoke here on March 10th. I came profession the best I could, professionally equipped, ready to speak with uh respect and confidence. I'm not very good at speaking up here, but I asked a couple questions. I asked uh how Mr. Ray Mundo was being paid because of, you know, reading the budget line at being zero and uh also stated that I

filed a foil request that that wasn't answered. Well, I definitely touched the nerve because at 1:00 in the morning, 2 days later, Mr. Reundo reached out to myself, my union's lawyer, a bunch of people that have no relevance to this city, calling me a liar, calling me names, questioning my integrity. Um, I've been in the room with many of you to speak on certain issues, and I've always been respectful, sort of calm. I'm not as loud as others, but I I expect to be treated the same. We all have difference of opinions and we can talk about this. And I've been in personnel meetings, finance meetings, and I have can, you know, complimented how well they go because everybody's still talking and carrying on a a dialect. I I don't care if we don't even get anywhere. We're just still talking to each other with a mutual respect. Mr. Elliot doesn't have this respect for me and I will not bow to his level by calling him names but I did file another foil request with the city clerk's office met with extreme professionalism and help in that office was answered very timely with the contract between the city of Dunkirk and the uh contract law services through remondo and sunquist it's a three-page document it's not a book. It's easy to look through and there's a lot of things wrong with it. There's a lot of things that just don't make sense. I'm not that educated of a person and I can see through this contract is not good. I believe that Mr. Rayundo is out to not benefit this city. He's out to hurt us. And anytime that he wants to have a conversation with me and prove me wrong,

I'm more than one to stand up and say, "Hey, I was wrong. I'm sorry." But until the name calling stops and we can talk in a room like we've talked at personnel meetings and finance meetings and safety meetings, he is failing this city. Not only is his contract a little iffy, his conduct is unbecoming. I'm a son, a husband, a father, a friend to many in this city. I'm dependent on and I I pride myself of that. For him to try to attack me, I expect some people to rise up and either hold him accountable or just get rid of him. Thank you very much for your time.

Thank you, Mr. FREDUS. NANCY NICHOLS, 212 LINCOLN AVENUE. AGAIN, last year's election um eliminated the elected position of treasurer. We the council at the time did this so that that position could be filled with a qualified civil service person. All five of us unanimously agreed that that would be the best interest for the city of Dunkerk. Why did the mayor choose to give that position to the city clerk? Who knows? With the current finance problems that we have, someone with a great financial background should be in that position. We just had two firemen that uh retired last week and uh concern is will those uh jobs be filled with qualified firemen and I have a a call since there's no dialogue between uh us and the department has I'd like councilwoman Luchoviaak to clarify this when it's her uh committee time to report exactly what will be collected with um the brush the curbside brush collection. Is grass and yard waste going to be included in that? Um, to make it perfectly clear, I've talked to past council members on this issue and we're getting sick and tired of having our names dragged through the newspaper on ARPA funds that were given to council members. I just want to make it perfectly clear. Five years ago, the mayor at the time made the decision to give every employee

in the city of Dunkerk that amount of money, whether they were working from home or not. And the council asked um to see a list of what could be and what could not be used with ARPA funds. And we were not given an answer. We never got a sheet. We never got anything. So, I just would like to put a stop to it. We were not the only ones that got it. Everyone in city hall that was receiving a paycheck by the city of Dunkerberg did indeed get that. Lastly, I would like to thank Senator Bello, Assemblyman Molitar, Congressman Langworthy, County Exec PJ Wendell, all our their two city legislators for all that they're trying to do to save Dunkerk. Thank you. Thank you, Miss Nichols. There anyone else who wishes to speak this evening? Going once, twice. privilege of the floor is now closed. Next, we move to communications from the mayor, including disapproval messages. Mayor Das,

thank you, Councilman. Uh, first and foremost, I know that the there was a statement made about me giving myself a $20,000 raise. I want everybody to know that is an absolute lie. At the time, I was considering taking the insurance buyout from the city, which under local law from 1992, I'm entitled to 100% of insurance buyout. Nowhere in the city budget is that ever shown to any of the council members. And I wanted people to understand what a ridiculous amount of money that is that I could potentially cash in on, which I did not. I carry the city insurance for myself and for my family. I want to address Assemblyman Malitar's letter that was sent to the council along with the proposed changes to the deficit financing law. First and foremost, there are a few questions that need to be communicated back to Mr. Malitar's office regarding some of the the demands that he's making. He's making a demand that the common council uh must approve a local law before it is sent any further in the state. Um he is also mandating that the city reaffirm reaffirm the city's obligations under state law to honor all collective bargaining agreements it is entered into. Uh as every union member knows, we are bound to honor those agreements. There is no precedence for this and there's never been a precedence for an extension on deficit financing where the common council has had to take any type of action. Uh the request was to simply extend it through the end of this year so that we could hopefully get into our deficit financing and have a long-term structured plan.

I would highly encourage council to have conversations regarding the controller position. Uh I believe there is some misinformation that people believe that we eliminated elected position to have an appointed. This is a new position. There are job duties correct that the fiscal affairs officer will have the controller and the clerk treasurer and they are similar in nature. So that there is a definitive checks and balances and not one person is holding the purse string which has happened for far too long in this city. There's also an allegation that has been [clears throat] made by the employees of our local unions that overtime has not been paid. That is an outright lie. Every person has been paid for every hour that they worked. If they weren't, the Department of Labor would be in here going through our records and finding us. This rumor needs to stop. It's being circulated through the public with no proof and no documentation. Also, on my attendance at the common council meetings, the charter does not require the mayor to come to the common council meetings. They are the meeting of the common council. They are here to discuss legislation that they want to bring forward into the city. I attend these meetings as a courtesy to the council and for my residents to have the opportunity to ask me questions. On a lighter note, sorry, our summer kickoff, we just announced our summer concert series uh that will start music on the pier and music in the park at the

point. Again, I want to stress to this community that this is all done through sponsorships and fundraising. This is not costing the residents a penny and is definitely a benefit to all of our communities. At this time, I'll turn the floor over to Vince who will give us an update on the Reich Park project and after that, Randy will speak about the PA settlement checks. Thank you, Mayor. Uh the Buffalo Niagara water keepers and city of Dunkerk will be hosting a community workshop for feedback on shoreline improvement opportunities at Wright Park. Um, we invite all city residents to attend and participate in a community workshop to gather feedback from the community on designs for the restoration and improvements and shoreline protection for three areas of Ray Park Beach. This community event is next Wednesday, May 13th at 5:30 at the Sunni Fredonia Center for Innovation and Economic Development or as many known known it as the technology incubator at 214 Central Avenue. So, the project leverages a grant received by Great Lakes and St. Orange cities initiative on behalf of the city of Dunker to to bring some of the best coastal engineers in the United States with significant experience in the Great Lakes design several concepts to protect Lake Erie shoreline and critical city infrastructure such as the wastewater treatment plant from erosion that is devastating the coastal bluffs at Roy Park and could undermine the roadway and damage to uh Lakefront Boulevard. uh community input is essential to guide the final conceptual design for nature-based solutions to improve Dunkerk's resilience to fluctuating Lake Eerie water levels and uh sacas. Uh there will be refreshments and pizza served that night. So um come and and have your voice be heard at the

Sunni uh Fredonia Center for Innovation and Economic Development on the 13th at 5:30. I also just want to mention one other thing. Um, we have a couple of interns from Sunni Fredonia that are going through neighborhoods currently. Today, they just started hanging door hangers at people's residence where we're looking to put uh trees in the city terrace in the rightway. And it'll give citizens the opportunity to um request a tree um request species uh the type of species, a tree that you'd like um to be placed up front. So th this effort is going on. It'll happen in the next couple of weeks with the um door hangers being placed and um so I just want to let you know that these are legitimate city employees. And with that, I'll turn it over to Mr. Woodbury.

Thank you, Vince. Thank you, Mayor. Um I did a uh nice press release on something bad uh because we're taking care of that bad and turning it good. um our water proven plant which is state-of-the-art after uh a consent order rebuilding of 20s of tens of millions of dollars. It's uh doing really well, but we added filter beds with granular activated carbon in the 1990s under a grant from the Appalachian Region Commission. So, we've been removing something called PAS, which when it was invented, it wasn't considered bad because it was firefighting foam or non-stick cookware, things like that. Then we found out that it could be dangerous even at small concentrations. Fortunately, the granulated activated carbon has been removing the trace amounts from Lake Erie for more than 30 years and continues to do so. um because it was manufactured and because the manufacturers might have known some of the problems before uh we joined a class action lawsuit with the help of the city attorney and the mayor and her legal background and we're able to set get settlements from at least six of the manufacturers of PAS but it's going to be an annuity we're being paid over many years and we just got a couple of checks and they're being displayed here by the mayor and city attorney, but those checks are going into a dedicated fund to keep our water plant state-of-the-art. Um, we uh make 3 million gallons of water a day. Um, our turbidity levels are 0.04, which is undetectable. The human eye can't see clarity unless it's above five on the turbidity scale. And we use

state-of-the-art laser particle counters and other instruments. 24/7 to make sure our water is crystal clear. Um, and we have licensed a great licensed operators at the plant and a great chief operator with Carl Schustster there. Um, but the operator plants operated 24/7. We currently produce 3 million gallons a day and sell that um, happily to our [clears throat] county water district as a sole provider and residents and the fine industries in the city of Dunker. Um, so we're happy that we're able to keep the bad things [clears throat] out of the water. Lake Erie doesn't have as many bad things in it as it used to in the 1960s. It's much clearer. It's now a sport fishing haven, especially the eastern basin. We have oxygen levels for huge sport fish down to 100 ft. You don't see that anywhere else. It's truly a great lake. Um, and we make great water. So, thank you to the mayor and the team for getting us started. This press release will go to the media and also be posted on the city website. So, thank you very much, Mayor and Vincent.

Anything further, mayor? I have nothing further. Thank you. And uh thanks to directors DeJoy and Woodbury. Uh next, we'll address communications from the public and petitions. Request from the Waterfront Foundation to use Wright Park for their waterfront 5K run and walk on Saturday, August 8th, 2026 from 8:00 a.m. to 12:00 p.m. Any discussion, council? Hearing none, 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 Terrain, seconded by Council Member Calto. Clerk, please call the RO. Council member Lasco, I. Council member Terrain. Hi. Council member Calto. Hi.

Council member Atlantis. I motion carried. Request from the Northern Chicago Catholic School to use one of the city's available softball fields in April and May 2026 for the girls softball game. Any discussion? Council 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 Loviaak. Second by council member. Clerk, please call the role. Council member Loviaak. Hi, Council Member Terrain. Hi, Council Member CileTo. Hi, Council Member Large Wiser. Hi. Motion carried.

Request from the Dunkerk Senior High School, class of 1989 to host their 12th annual Marauder Troder 5K run walk on Saturday, July 24th, 2026, using the 5K race route along the Lake Erie waterfront. Also requesting police presence from 8:45 a.m. to 10:00 a.m. Any discussion, council? Just wanted to correct her. She said July 24th is July 4th. Oh, I did say 24th. Sorry. It's okay. July 4th. 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 Lusco. Second by councilman terrain. Clerk, please call the role. Council member Loviaak. I. Council member Terrain. Hi. Council member Cileto.

Hi. Council member Large Wiser. Hi. Motion carried. request from the Dunkerk United Front to use a portion of the Dunkerk Memorial Park on Saturday, June 27th, 2026 for a family funday fishing event from 11:00 a.m. to 3:00 p.m. Any discussion, Council? Yes.

Yeah. Um, again, this year, I'll pay for the picnic tables on behalf of the United Front nonprofit organization. Um, I've reached out to the necessary contact person. Um, and I'll confer with Amy as to whether they need a new um, petition or we can add it to this one and schedule the picnic tables to be there and I'll pay the equitable amount per table. Anything further, council? Okay. Do I have a motion to refer to the appropriate departments as well as approved subject to appropriate insuranceances in usual conditions? Moved by council member terrain. Second by council member Lysco. Clerk, please call the role. Council member Loviaak. I. Council member Terrain. Hi, Council Member Cileto. Hi,

Council Member at Large Wiser. I motion carried. Notice of claim from Jod Valentin for alleged damages to their vehicle due to a pothole on Route 5 in Dunkerk. Okay. I need a motion to refer this to the law department and Department of Public Works. Moved by Council Member Terrain. Second by Council Member Cileto. Please call the RO. Council member Mosciaak. Hi. Council member Terrain. Hi. Council member Calto. Hi. Council member at large wiser. I motion carried. Loud speaker permit request from Scott Mus to speakers and microphone for a 12th annual Marauder Troder runwalk at Wright Park on Saturday, July 4th, 2026 at 9:00 a.m.

Any discussion? Council. Okay. Do I have a motion to refer to the appropriate departments as well as approve? Moved by Council Member Lysco. Second by Councilman. Clerk, please call the RO. Council member Leco. I. Council member Terrain. Hi, Council Member Cileto. Hi, Council Member at Large Wiser. I motion carried. Loud speaker permit request from the Portland Congregational Church to use speakers and microphones at a church picnic on Sunday, August 23rd, 2026 at 8:30 a.m. at the host foregrounds at Point Graet Park.

Any discussion? Council hearing? None. Do I have a motion to refer to the appropriate departments as well as approve? Moved by council member terrain, seconded by council member Cileto. Clerk, please call the role. Council member Loliaak. I. Council member Terrain. Hi. Council member CileTo. Hi. Council member Large Wiser. I. Motion carried. L of permit request from Kelly Esperson to use speakers and microphones for live bands at the boardwalk from May 1st, 2026 to October 15th, 2026. Any discussion? Council hearing? None. Do I have a motion to refer to the appropriate departments as well as approve? Moved by council member Lusco, second by council terrain. Cler, please call the role. Council member Loviaak. Hi. Council member Terrain. Hi. Council member Calto.

Hi. Council member Large Wiser. I motion carried. Loud speaker permit request from Hosphina Vega to use speakers for a birthday party on Saturday, May 30th, 2026 from 5:00 p.m. to 7:00 p.m. at the Brooks Pavilion at Point Gisha Park. Any discussion? Council hearing? None. Do I have a motion to refer the appropriate departments as well as approve? Moved by council member CalTo and seconded by Councilman Terrain. Clerk, please call the RO. Council member Liaak. I. Council member Terrain. Hi. Council member Calto. Hi. Council member Largeweiser. I. Motion carried. We'll now move to reports of standing committees, boards, and commissions. Council member Lusco.

Yes. The bianual brush pickup began yesterday in the first ward and will continue across all wards and streets. the DPW guys are following with the street cleanup. Um, we are just picking up what our chipper can do. Unless it was a city tree between the sidewalk in the street in which the storm knocked down, we do not have a dump chipper that can break down actual tree trunks and very large branches. They will not pick up anything larger than what our chipper can handle. if there is a large tree um that you know the owner had taken down, DPW will tag the house and give notice of what we can and cannot do. We only pick up brush and shrubbery. The next DPW meeting is Thursday, uh May 21st at 1 p.m. in the mayor's conference room, which is the first floor of the Sterns building. The hero banners will go up this week and next week. There are 47 new ones. There are patrons from the first year of 2023 who have requested to have their banners personally and the committee will be distributing those in the next few weeks. Thank you to all who have donated this year. Please do call me at 716684664 should you have any questions or concerns. Regarding to what occurred at the last council meeting, I want all residents of Dunkerk to know that I completely disagree with the decision to serve legal papers to any resident, especially why they while they are at the podium during the privilege of the floor. This was both inappropriate and unacceptable, particularly during a council meeting. Moving forward, I have decided to express my beliefs at each council meeting and no longer remain silent about thoughtless actions. I will emphasize the importance of adhering to certain standards that we all must

uphold.

Thank you, Council Member Ter. Uh let me second what uh Councilman Wasco just said. um that uh I also found that inappropriate, caught off guard by the actions that were taken. I want the public to know uh by no means uh does the council have any intentions of cutting cutting uh public comments off uh through intimidation or through the threat of a lawsuit. So um um that is something that the council will entertain. So um so like I I've said before, stay tuned. Um, the other thing I want to address too is something that was written in the in the newspaper concerning the article about uh the letter that we received from Assembly Molator and and Senator Burell. I I welcome any opportunity or any help that we can receive from from the state and our state officials. However, how we were characterized by the editor of the paper uh I think uh was uh a little was off base. We are working hard here. I know I will speak for me and all of my uh uh all the council members that just got elected. We're working hard to get to to to one hit the ground running, not sit back and and and allow things to happen around us. We didn't speak at that last meeting because there were so many people who wanted to speak out. They deserve to speak out and they deserve to be heard. And we don't always have to comment or respond to things that are going on, but we we definitely need to listen as we go forward to make decisions about what happens in the city of Dunkerk. We owe it to the taxpayers to do that. That's what we were elected for. So, I just wanted to make that statement. In uh the last last few last week or so, I've had the opportunity to

meet with the local 616. Uh I cannot uh comment on the things that we talked about because we are currently still in negotiation with them. Um and uh there's a meeting that's going to be that that that's already scheduled. So that's all I say is I met with them on on the uh with the intent to catch up with what's going on with negotiations because I came in in January. Those negotiations have been going on for two for two years now and I just wanted to get the other side so I could get a good perspective on what's going on and so and I think that was achieved. Um, also I met with the 9 uh the 912 and uh um I do have a couple of things I want to say about that meeting. It appears to be a dispute in lineup pay uh and there's a conflict between what is actually in the contract and past practices and that extended uh lineup pay from compensated work uh scheduled working hours into total hours including overtime once 40 hours are reached. the the city contends that past practices are not are not contractual and are costly. One of the things I want to add on at the end of that is going forward future administrations need to abide by by existing contracts. However, any additional stipens or conversations should only be allowed through the authorization of the common council to avoid practices that could later be challenged as past practices or historical expectations and also uh past practices that could potentially strain the budget. Um I think when those practices began, little did um I guess uh uh we didn't know that we were going to end up where we are now. as far as uh where uh fiscally, but uh here we are. And so uh we're we are we will be having those discussions going

forward as far as uh um you know, but we have to take a look at what's actually in the contract and um and take a look at what those past practices are, whether or not they are we're contractually obligated to continue to to uh abide by these past practices. Thank you. Thank you. Uh, Council Member CivilTo,

um, [cough] did want to also express my disappointment at, um, the serving of papers uh, during public comments. Uh, first amendment rights are very important to me and I also feel that uh, strongly that serving of papers infringed on Mrs. SAS was right to to uh address us and um could potentially um make others feel intimidated when they come to the to the um microphone. And I never want to see anyone feel that they have any type of fear coming to the microphone and expressing their beliefs or their opinions. Um to move on from that, um the next econom economic development meeting will be May 26th at 4:00 um in the economic development um conference center or conference room on the um in the Sterns building. Um beyond that, I have nothing. Thank you.

Thank you, Nick. Just apologize. I didn't get a chance to say that the next personal committee meeting is May 13th at 11:00 in the uh conference room.

Thank you. Uh [clears throat] I just echo the sentiment shared by my colleagues on council regarding the service of legal papers uh in public meetings of the common council. On behalf of the finance committee, I want to briefly address the proposed updated fiscal recovery act introduced by Senator Bello and Assemblyman Molator. And I'd like to start by providing some context. Council took all necessary legislative actions in 2025 to position the city to access the original fiscal recovery act under an extremely tight timeline. Uh once the office of the state controller certified the city's debt late last year, council acted promptly hold uh holding special meetings and approving all required measures to ensure our eligibility for deficit financing under the act. As part of that process, the city was operating with interim state assistance, the $13.7 million loan, while the final financing arrangements were being pursued. Uh ultimately, the financing authorized under the act was not executed prior to his expiration, and decisions at that stage extended beyond council's legislative role. The current proposal is in many ways a continuation of that effort. Uh there are elements within the updated legislation though that require clarification and we are addressing those directly. I've scheduled a finance committee meeting for Monday, May 11th at 9:00 a.m. in the Sterns uh building conference room, first floor conference room to review the proposal in more detail and determine next steps. As before, that process will be deliberate, transparent, and focused on securing the best possible outcome for the city and its residents. I also want to reiterate for clarity that the common council's role is primarily legislative and budgetary. The 2026 budget was developed using guidance from the office of the state comproller and reflects existing contractual obligations and staffing levels. Council does not direct day-to-day operations or administrative decisions, including those related to labor negotiations or personnel matters.

Thank you. Uh we now proceed with unfinished business. Uh clerk, please introduce local law number three of 2026. Local law number three of 2026, a local law amending the city charter and code establishing a combined city clerk, treasurer, and city controller. Okay. At this time, it's my understanding the council would like additional opportunity to review community input on the local law. Uh, is that correct, council? Yes.

Yes. Okay. In that case, I'd entertain a motion to postpone consideration of local law number three of 2026 until the May 19 meeting. Is there a motion? Moved by council member Terrain. Second by council member Cileto. Clerk, please call the role. Council member Liaak. I. Council member Terrain. Hi. Council member Calto. I. Council member Large Wiser. I. Motion carried. We'll take the matter up again at the May 19th meeting. Okay. There are no pre-filed resolutions. So, we will now proceed with new business. And I understand there's a walk-in resolution this evening. Clerk, would you please introduce that?

Walking resolution 40-2026, resolution authorizing the acceptance of grant for city of Dunkerk amphitheater design and engineering project. Okay, we'll need a motion to accept the walk-in resolution onto the agenda. Moved by Council Member Lysco, second by Council Member Terrain. Uh, clerk, please call the RO. Council member Loliaak. I. Council member Terrain. Hi. Council member Calto. Hi.

Council member Largeweiser. I motion carried. Is there any discussion on walk-in resolution number 40 of 2026? Council, I uh I I just have a suspicion that the uh the veterans um will probably want to challenge this. Um, let me say that this amplitheater is meant to improve the park and it will no by no means affect the veterans the veterans memorial part of of the park. Councilman Train, we have a letter from the the uh joint um veterans veterans.

Yes. In full support of this. Good. Thank you. Anything further, council? Okay. Seeing no discussion, clerk, please call the role for the vote on resolution 40 of 2026. Council member Liaak. I. Council member Terrain. Hi. Council member Calto. Hi. Council member Large Wiser. I. The resolution is received sufficient support and is hereby adopted.

Uh is there any further new business to be discussed publicly this evening? Council. Okay. I understand as we near the conclusion of tonight's meeting uh there's need for an executive uh session to discuss matters of personnel. Um with that uh we'll need a 2/3 vote of the members present and a motion to enter into executive session for the purposes of discussing matters of personnel. So moved by council member, seconded by council member terrain. Before we vote on this, I'd like the public to know 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 Lysco, I. Council member T. Hi. Council member Cileto. Hi. Council member at largeer.

I. Motion carries and we will now enter into executive session for the record. The time is 6.