Common Council - Regular Meeting

Good evening, ladies and gentlemen. I call this public hearing of the Dunford Common Council to order at 5.30 p.m. on Monday, August 3, 2026. The purpose of this hearing is to receive public comment on Local Law No. 5-2026, entitled, A Local Law Amending the City Charter and City Code of the City of Dunford to Assign Administrative Responsibility for Electrical and Plumbing Licensing, Permitting, Processing, Enforcement Coordination, and Board Administration to the Department of Building and Zoning. Notice of this public hearing was published in the Observer and posted on the City website as required by municipal home rule law and open meetings law. City Clerk, please note for the record that a quorum of the Council is present. Before we take public comment, I will review the rules of this hearing. Anyone wishing to speak must state your name and address for the record before speaking. Comments are limited to three minutes per speaker. The city clerk will keep time and notify you when 30 seconds remain. This hearing is for the council to receive your comments. Council members will not engage in debate or answer questions during the meeting. All comments will be entered into the official record and considered. by council prior to any vote. Please confine your remarks to local law number 5-2026. Personal attacks, profanity, or disorderly conduct will not be permitted. Are there any questions from council members regarding procedure? At this time, I will ask the city attorney to provide a brief two-minute summary of local law number 5-2026.

City and local law 2025 and 2026 provides that the city charter and city code of the city of Dunkirk will hold a signed administrative responsibility for electrical and plumbing licensing, permitting, processing, enforcement coordination, and board administration of the Department of Building and Zoning.

Thank you. The floor is now open for public comment.

Good evening. My name is Wanda Zolotti, Building Inspector and Code Enforcement Officer with the Housing, Building, and Zoning Office. I spoke before you recently regarding Local Law Number 5-2026, and I'm here tonight during this public hearing to supplement my previous comments with critical updates and context that I believe this Council needs to hear. I want to address a major misconception that has been presented to you. Council is being told that taking on these trade licensing and board secretarial duties naturally relates to HBZO's core department functions. That is simply not true. Our inspectors do not perform electrical inspectors, nor do we perform plumbing inspections. What is being transferred to us is strictly administrative and clerical work, processing applications, issuing credentials, managing board schedules, taking meeting minutes, and maintaining records. Functionally and legally, this clerical work is no different than issuing marriage licenses, job licenses, or any other administrative license historically handled by the city clerk's office. We have also heard arguments that this shift was necessary due to temporary staffing shortages in the clerk's office. The facts do not support that narrative. When this directive was first issued to housing building zoning, the clerk's office had six employees. As of today, their office will be fully staffed with five employees. This was never a temporary staffing emergency. It is unwillingness to perform duties designated to that office by city charter and code and longstanding practice. Permanently altering the city charter and code to accommodate one department refusing to do its assigned work sets a troubling precedent for city governance. This also comes down to basic fairness and equal treatment. In recent months, other city employees who took on added duties or expanded roles were offered stipends or salary adjustments in recognition of that extra work. Yet, when housing, building, and zoning was directed to absorb an entire secondary department's secretarial and licensing workload, no compensation, stipend, or staffing adjustments were ever discussed with us. Meanwhile, the formal contractual grievance process regarding the reassignment of these duties remains actively ongoing. Permanently locking this transfer into local law while formal labor grievances are unresolved creates a necessary legal conflict and operational instability. Our primary focus in housing building and zoning must remain on public safety, active code enforcement, and maintaining strict compliance with our CDBG grant funding. Because the clerk's office has the staffing to handle its own administrative duties, Active contractual grievances are pending and compensation equity has been ignored. I respectfully ask the council to vote no or postpone action on Local Law Number 5-2026 today. Thank you for your time.

Thank you. Next speaker.

My name is William Harris. I'm a resident of 218 Round the Street, Dunkirk, New York. I'm here today to address the ongoing issue that happened I've been coming to the city office since 2022, 23, 24, 25, and now.

Oh, Mr. Harris, is this in regards to local law number 5-2026? Because actually this is a public hearing right before the Common Council meeting. Oh, I'm sorry. It's okay. We'll have time for you to speak during the actual, pretty soon, in about every 20 minutes. Thank you. Thank you. Is there anyone? Well, go ahead.

Good evening, everyone. My name is Emily Dillenberg. I'm the resident of the city of Dunkirk. I'm the laboratory director for the city's water treatment plant, and I'm the recording secretary and Women of Steel committee chair for USW Local 2693. I'm here to speak with you tonight in regards to local law number 5-2026 from the viewpoint of a taxpaying city resident as an employee of the city of Dunkirk, and as a fellow union member in support of my union brother and sister. As a resident of the city, it would be alarming if our zoning officers could not keep up with their workload. Imagine being a homeowner living next door to a neighbor that decided to build a structure that wasn't safe because the neighbor didn't get the right permits and didn't have the proper inspections. Now imagine one of those structures falling on or otherwise harming your home, your loved one, your pet, et cetera. Our HPZ department works tirelessly day in and day out to ensure that this doesn't happen in our community. As a resident, I feel safe knowing they care and that they want to do their jobs to the utmost of their ability. Hearing that they may have to take on more work than they already have just seems illogical, unreasonable, and unsafe. I think I speak for most taxpaying city residents when I say that I want to see Dunkirk thrive like it used to many years ago. We live on a beautiful body of water, but no one, individuals nor businesses, will want to come here nor stay here if we can't even ensure that we have safe structures nor show that we care about our employees. My coworkers slash fellow union members, along with the local 912 member who also works in the HBC office, are passionate about their careers and care about keeping the community safe. I have heard them say multiple times, I love my job. We should be celebrating that, not trying to undermine it. When you undermine the ability of even one department to fulfill its duties of providing public service, you also undermine the safety of everyone in and around the community. All of us city employees are painfully aware of the fiscal state in which the city of John Kirk is in, as it affects us every single day. We know that difficult and uncomfortable decisions have been and will be made. What we are asking is that those with the ability to make those crucial decisions actually make sure they know all of the facts from all parties involved before making these decisions. It does not seem that this has occurred in this situation. Please keep in mind that the individuals in the HBZ office are certified by the state in order to do their jobs. No one else can take on these roles and responsibilities unless they also hold a certification. Issuing the licenses, such as those that local law number 5-2036 would require the HBZ office to be responsible for, does not require specialized training nor New York State certification. Furthermore, this is not restructuring of duties, nor is restructuring what we need most at this time. We need transparency and honesty. What I'm asking is that you do not vote yes for this local law, that you vote no, because you likely don't have all the information, and that doesn't seem like good grounds for making an important decision that affects both employees and the safety of the community. Thank you for your time.

Thank you. Next speaker, please.

Nancy, that goes to 12 Lincoln Avenue, Denver. We'd like to remind council that six years ago, a resolution was passed by the council at that time that all licensing and permits be done in the clerk's office because of issues that had transpired beforehand. They're keeping a record of qualified plumbers and electricians, and the plumbers and electricians do have to pay a fee to be registered. All that money should be collected in the clerk's office with proper documentation. And so I'm going to say review the resolution. You're going to pass a resolution, counsel. Why pass it if you don't abide by it? Thank you.

Thank you. Is there anyone else present who wishes to speak on local law number 5-2026? Hearing none, seeing no further speakers, I will now close the public hearing on local law number 5-2026 at 540 p.m. August 3rd, 2026. Thank you all to all who participated. City Clerk, please note for the record that the public hearing is closed. Okay, ladies and gentlemen, I call this common council meeting to order for the city of Dunkirk this third day of August, 2026 at 5.40 p.m. Clerk, please call the roll.

Council Member Vestalia. Here. Council Member Terrain. Here. Council Member Frederson. Here. Council Member Civillano. Here.

Council Chair Nick Weiser is excused due to professional obligations out of state. 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. Mayor Kate Jovias, you have an announcement.

As with deep sadness that the city of Dunkirk acknowledges the passing of our employee, John Paul Wong, a respected member of our municipal workforce. Dave, he began his service to our community in 2021 as a municipal worker. bringing steady dedication and strong work ethic to every task. In 2023, he was advanced into our Water Maintenance Division, where he continued to support essential services with reliability, skill, and pride in his work. J.P.'s contributions strengthen our city and support the daily operations residents depend on. His loss is felt across our departments and throughout the community. On behalf of the City of Dunkirk, Councilman-at-Large Weiser, and the members of the Common Council, I extend heartfelt condolences to JP's wife and children, family members, friends, and loved ones. We honor his memory with gratitude for the years he devoted to serving our residents. As a mark of respect, I am directing that all city flags be flown at half mass through the end of this week. Additionally, I respectfully request we begin this meeting of the Common Council with a moment of silence and JP's honor, reflecting our collective appreciation for his service and the impact he made with our community.

Thank you. Let us have a moment of reflection and prayer, please. Thank you. Next we have the certification of the prior meeting. Is there a motion to dispense with the reading of the minutes and approve as presented?

This is to certify that an official copy of the minutes of the regular Common Council meeting of Tuesday, July 21, 2026, was presented to the Mayor on Friday, July 31, 2026. Pursuant to Section 3.03 of the Denver City Charter, all items presented to the mayor are now in full force and effect. In witness whereof, I appear to set my hand and seal at the City of Denver, New York, this third day of August, 2026.

Is there a motion to dispense with the reading of the minutes and approve as presented? Moved by... Councilman Frederiksen and seconded by Councilman Terrain.

Clerk, please call the roll. Councilmember Listovia.

Aye.

Councilmember Terrain. Aye. Councilmember Frederiksen. Aye. Councilmember Civiletto. Aye. Minutes are approved as presented.

We now move to the privilege of the floor. Clerk Novak, kindly read the instructions.

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 five 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 limit. 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 are slanderous or not germane. 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.

The privilege of the floor is now open. Anyone wishing to speak, please step forward, state your name and address, and then address the council.

How you doing? My name is William Harris. I'm a resident of Dunkirk. I reside at 218 Robin Street, Dunkirk, New York. The reason you're here today, I have one problem issue with the grass and fallen hazardous trees. I came to the city since Mayor Breyer was here. He took care of some of the problems. Now he's not here. I talked with Andrew Boyle, Michael A. Persis, and Evan Gustafson. about this ongoing issue about the grass ruin outside of my house adjacent to 218 Robin Street. It's called 220 Robin Street. No one knows who the property owner is. The property is causing nuisance. I've been catching raccoons, squirrels, possums, and I believe it's a fox den on the side of my house adjacent to the house. Trees have been falling on my house for months. I've been coming through. I came to the city to ask who was the property owner of a lot. Seeing here, no one has the answer. Since 23, 2, 23, 3, 24, and now, no one has the answer who blocked this block. Jason 2, 218 Robert Street. It's called the home damage to my property. I'm here today. I just want you to answer who owns the property and who will cut the glass in 2218 Robert Street. And who is the rightful owner of 2218 Robert Street? Okay.

Alan, did you want to speak with him after the meeting?

Yeah, we spoke and it's going to be a combined effort between our department and Public Works because one of the bank lots in question is a hidden parcel.

Okay.

The other person that you mentioned is open.

Well, I've seen sex saying that they don't own it. They don't own it properly. New York State says they don't own it properly. So it's a conflict between the city and I don't know what else is going on. But it's the number one problem. It starts to loosen the grass. At least that'd be a few tall. You got trees and everything growing over there. Catching rat fools and take them to the country. Just release them in a cage. I believe there's a fox over there, too, as well. I'm not speaking just for me. I'm speaking for the neighborhood kids and the neighborhood itself and the city itself. This needs to be fixed. I mean, the problem needs to be addressed. And anybody that wasn't on the news that the tree fell on my house over there on 218 Robin Street. because it is hazardous. The trees are falling, everything, the grass over there is over 10 feet high. Someone needs to fix it, please.

Thank you.

Thank you, you're welcome.

Anyone else wishing to speak?

uh good evening members of council my name is albert dawson i am a dunkirk resident taxpayer and dedicated civil servant as a fellow public servant i know what it means to be accountable to the people we serve my job depends on reliability clear hours and being available to the public that is why i'm standing here today tonight to address item 001 1410 1025 in our municipal budget When the elected treasurer position was eliminated, the city clerk's salary jumped 37.5% from $40,000 to $55,000, with the total compensation even higher. That's a $15,000 raise while Dunkirk taxpayers are absorbing an 84% property tax hike. We were promised that department consolidation would save money. Instead, savings are immediately followed to a pay bump for justification given with absorbing treasurer duties. But let's look at reality. The mayor states she controls day-to-day spending, High-level financial strategy and budgeting are handled by the new Comptroller, Episcopal Affairs Officer and Consultant, Marsha Beach. The clerk's office has five staff members and the remaining treasurer duties in that office are strictly transactional, running the cash counter for water bills and taxes. While taking that $15,000 raise under the guise of absorbing duties, the clerk's office is actively seeking to offload longstanding historic responsibilities, trade licenses being shipped away to other departments, so taxpayers are paying her $15,000 more while her office handles fewer operational duties. Worse yet, consider the precedent the council is setting. If absorbing duties automatically justifies a pay bump, what happens when another department is forced to take over the licensing responsibilities? Does that department automatically get a $15,000 raise too? You're setting a dangerous fiscal precedent you simply can't afford. As an exempt salary department head, the clerk treasurer is compensated to ensure office functions and public is served Salary leaders are paid for results, availability, kind of public access has been cut to just 24 hours a week, completely closed to us on Fridays. People have to take a day off just to pay a water bill or tax bill. Also your September 3rd, 2024 resolution appointed her as register of vital statistics, processing vital records requires an onsite notary validation. You have to clerk relax the act of notary public commission. Taxpayers are paying a premium wage for an office that is locked on Fridays and legally hamstrung when they are with it. Consolidating city government must mean actual savings for taxpayers, not payroll shuffling, offloading duties, restricted public access, and dangerous precedents. I urge this council to exercise its oversight, roll back the $15,000 salary increase. Thank you.

Thank you. Is there anyone else who wishes to speak? If not, going once, going twice. Privilege of the floor is now closed. Let's now move to communications of the mayor, including disapproval messages. Mayor Kate?

I would just like to address the last gentleman that spoke. I think there are some, and I'm sorry, I didn't catch her name. I think there's some confusion on exactly what job duties were absorbed when the clerk became the clerk treasurer. That also includes generating water bills, generating tax bills, making sure that all of that stuff is out. It's not simply collecting money. There is a lot of work that goes into it, and we just recently staffed that office to their fullest staffing amount. The money that was given to Ms. Dobeck as a pay increase paying from the treasurer salary that we were saving. It is, in my own humble opinion, not nearly enough for the extra amount of work that she's done. Building and zoning have been, for at least the last two years, doing the electrical licenses and plumbing licenses renewals. That is done on software that only their department has. It's called CitizenServe. All of those auto-generated applications and permits and renewals are generated strictly through CitizenServe that building and zoning maintains as their own software. And to say that the city clerk is not a notary is a misconception. She is a licensed notary public. so I don't know where that information came from. We are in the process of expanding our hours now that we are fully staffed, and we are hoping that as soon as we have at least one more person fully trained, we will open the regular business hours.

We'll now address communications from the public and petitions.

Let's go back. Request from Jose Rodriguez to use Proud and Chinko Stadium and School 7, South Elkville for a kickball tournament on Saturday, August 15th, 2026 from 8 a.m. to 8 p.m. Any discussion from the council?

Hearing none, do I have a motion to refer to the appropriate departments as well as approved subject to appropriate insurances and usual conditions? Moved by Council Member Terrain and seconded by Council Member Ciboletto.

Clerk, please call the roll. Council Member Lestoya.

Aye.

Council Member Terrain. Aye. Council Member Bredesen. Aye. Council Member Ciboletto.

Aye.

Motion carried. Request for Michael Curtin to use commercial fields on August 16th I'm sorry, August 15th, for the 16th annual Maundy Wiffle Ball Tournament on Saturday, August 15th, 2026, from 8 a.m. to 8 p.m. Any discussion from the council?

Hearing none, do I have a motion to refer to the appropriate departments as well as approved subject to your appropriate insurances and usual conditions? Moved by Councilmember Fredrickson. And seconded by Council Member Terrain. Please call the roll.

Council Member Vescovia. Aye. Council Member Terrain. Aye. Council Member Fredrickson. Aye. Council Member Zavalletta.

Aye.

Motion carried. Loudspeaker application from Danielle Viscano to use mics and speakers on Saturday, August 29, 2026 from 5 p.m. to 9 p.m. at the Chautauqua County Fairgrounds.

Any discussion from the council? Hearing none, do I have a motion to refer to the appropriate departments as well as approve subject to appropriate insurances and usual conditions?

Moved by Council Member Terrain and seconded by Council Member Fredrickson. Clerk, please call the roll. Council Member Lestoya. Aye. Council Member Terrain.

Aye.

Council Member Fredrickson.

Aye.

Council Member Civiletto.

Aye.

Motion carried. Okay, we'll move on to reports of standing committees. I would like to start with myself. First of all, Councilwoman Wichkowiak, I would like to address the parking in front of the boardwalk. A few shop owners are parking in front of the boardwalk. They could park at the strip in front of what was once Dimitri's and therefore leave room for patrons. Attorney Rinaldo, would you send a nice but insistent letter regarding this matter to these shop owners? Mayor Pate, what are your thoughts on this matter? I'm sure it's not every shop owner, but we would need to send it to all.

don't have an issue signing uh that request there is limited parking for the tenants down there so you know we've asked them in the past to be mindful of customers that are coming in um i certainly can't well we can't force them to park anywhere uh i would support the move to send a letter thank you thank you council member torrey would you like to

I just got a couple things. One, the personnel committee meeting is going to be August 12th at 11 o'clock. I think I did send out some correspondence to all the departments on that one. And I'd like to say that on behalf of me and my church family, we want to send out condolences to our employee that... recently passed away, and say that our prayers go to him and his family. And then also, the last thing, on the local law that we had the public hearing on, let me assure those members of the public and also those that are working in City Hall, that as a member, as the chair of the personnel committee, I've heard plenty of dialogue on this issue. And so, I don't want anybody to assume that we don't, there's a misunderstanding of a uh what the issues are is a very challenging issue and uh so we've heard a lot of dialogue on this so whatever decision that we make making that based on what we've heard based on what we think is best for the city i'm going to make it based on what i think is best for the citizens of the city so um i just want you to know that yes we have heard a lot of dialogue on that issue thank you councilman frederickson

Thank you, Chief Barger, Captain Schweitzer for the Public Safety Committee meeting this afternoon. Again, informative meeting, got a lot of questions in, got a lot of good answers. Thank you for your attendance.

Councilman Cefaletto.

Last week we did have an economic development meeting and went over quite a few projects, economic development, department has been very busy and those, that entire list will be on our, the agenda is on the internet. If anyone has any questions and they wanted to talk to me about it, they can. But it was basically just a run through of all the different projects that they've been doing. One of the good projects is I mean, they're all great projects, but one of them is the trees that are being planted throughout the city in different neighborhoods. So if you have any want for a tree to be planted in front of your house that would be a native tree as opposed to a non-native tree and something that is appropriate for the electrical lines, give the Economic Development Department a call. and they can see if we can get you on the list if not it looks like they're going to do about 200 trees this fall into the spring so if you might get put on to next the next phases or the next year's plan but we're planning on planting 300 trees throughout the city i'm going to give them a break in august and we're not going to have an economic development meeting in august Um, but, um, I will let you know when the September one is.

Thanks. I hope they're putting color. He's regarding those trees.

Yeah. There's a lot of them that are flowering trees.

Moving on here.

Oh yeah.

Go ahead.

I'm sorry. I was looking down at my notes and there was one thing that I didn't want to bring up. Cause in the last thing we were talking about Willowbrook and, um, there was a complaint about Willowbrook and the trucks that were going down. and I took a ride down there to take a look for myself. Willowbrook is a wide street. It's a really wide street compared to other streets in the city. I mean, it's a wide street. And as you come down central, it's pretty much one of the only streets you can go down to get to the steel plant. And I don't see any other route that you can take up than taking Willowbrook that's safe for trucks to to operate on so for those residents that are there that's the reason why trucks are going down that street because it's a wide street and it's wide enough for trucks to actually go down to get to the steel plant and there's i don't see any other way for that to happen so i just want to address that i did go down and took a look at it you know you know that's what the conclusion i came to thank you

moving on there appears to be unfinished business resolution authorizing adoption of local law number 5 2026 before we proceed do we have a motion to postpone consideration of local law number 5 2026 until the next meeting of tuesday august 18th 2026 new york home rule law section 20 says you can't pass a local law until seven days after the public hearing unless there is an emergency would any member like to make a motion to postpone local law number 5 2026 until the next regular council meeting of tuesday august 18th 2026 we have a motion from councilman frederickson do i have a second we have a second from council member man terrain clerk please call the roll council members goya hi council member terrain hi council member frederickson hi council member hi motion carries consideration of local law number five 2026 is postponed to august 18. city clerk please note for the record Let's move on to pre-filed resolutions. Clerk, please introduce resolution number 68 for 2026.

Resolution 53-2026, resolution authorizing budget line modification for fiscal year 2026.

63, and it says 2060. Okay, sorry, it says 68 on the agenda and 63 on the resolution. Okay, 63, 2026. Any discussion or questions for the administration?

What's our actual reason for holding those lines down like that? Because the way it is now, it seems a lot more transparent. We have them on separate lines than it would be combined.

I don't know what you mean. the amount of money because all of that money is coming out of personnel services currently to ADP. So as it stands in the budget, those lines have money in them that's not being used. So rather than having the personnel service line be over, we're gonna move those salaries up to the appropriate limits. It doesn't take away the line.

Okay, clerk, please call the roll.

Council Member Vestoria. Aye. Council Member Terrain. Aye. Council Member Fredrickson. Aye. Council Member Sotolato.

Aye. The resolution is adopted. We have, clerk, there is a walk-in. Can you introduce walk-in resolution number 64-2026? Walk-in resolution 64-2026.

Resolution appointing police chief.

A motion is needed to add walk-in resolution number 64-2026 to the agenda. Council, may I move with a motion? Moved by Councilman Terrain and seconded by Councilmember Civil et al. Clerk, please call the roll.

Council Member, let's go in. Aye. Council Member Turing. Aye. Council Member Jefferson. Aye. Council Member Svoboda.

Aye.

Okay, it is accepted onto the agenda. Now I want to move with a motion to vote for Resolution Number 64-2026. Please call the roll, Clerk, regarding the vote on Resolution 64-2026. oh yes can i please have a motion for um the voting on resolution 642026 before we do the motion yes please in discussion please yes first of all let me say that uh this this makes me very happy that uh

Councilman Train, if I could just, I don't believe to take this away from you. I'm very excited. I have been in talks with our soon-to-be chief, Schweitzer, and I was pleased that he came to me and expressed that he was interested, and we have been working very well together for the last several months since the retirement of Chief Chief Wieckowski. So to say that I'm hoping that entire council support on this matter would be an understatement. This is well-deserved. Officer Chief Schweitzer joined the force in 2008 and, again, has been acting as our interim chief while we've been searching. So we are very excited that she is willing to consider being our permanent police chief.

And I'd like to second that because I don't know how many times I've tried to pride him to take the position. But I'm very, very happy that he decided to say yes and that the two of you have a wonderful relationship. I think this is a great move for the city of Dunker, and we're moving forward, which also makes me excited.

Any other discussion or questions? Clark, please call the roll. for the vote oh okay first um okay our motion is needed i would like to councilman frederickson and seconded by councilman terrain clerk please call it off council member listolia aye council member terrain aye council member frederickson aye council member civiletto aye

Okay, motions adopted.

Thank you, Council. I would just like to remind everybody that tomorrow is National Night Out, and that will be the Chief's very first public appearance as our Chief, so I encourage everybody to release the time.

Thank you. Okay. now we move on to our new business i don't think there is any new business there are no further matters and so i'll entertain a motion to adjourn moved by councilman frederickson and seconded by council mitch civilletta or please call the world council member scoria hi council member terrain hi council member frederickson council member civiletto hi we are now adjourned thank you everyone

Thank you.

All right, I flubbed up on the walk-in again. Let's go to the next site.