Common Council - Regular Meeting

Hey. like this council meeting with the city of Dunkerk to order on this second day of December 2025 at 5:32 p.m. Cler, please conduct roll.

Council member Lolia here. Council member Zorski here. Council members here. Council member Nichols here. Council member Wiser 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 tonight. Before we proceed with business, I'd just like to take a moment of silence to observe the passing of one of our city employees, Roger Hayden. was employed by the city for 15 plus years in the personnel services office and he will be sadly

we have the certification of fire meetings. This is to certify that an official copy of the minutes of the regular common council meeting of Tuesday, November 18th, 2025 is presented to the mayor on Tuesday, November 25th, 2025. Pursuant to section 3.03 of the Dunkerk City Charter, all items presented to the mayor are now in full force in effect and witness whereof, I appear to set my hand and seal of city of Dunker, New York this second day, December, 2025. Is there a motion to dispense?

Council member I council member I council member I council member I council member of the floor

of the floor shall be extended to any person appearing for themselves in which case each individual hearing shall be limited to three minutes and 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. Chair shall maintain good order and may require any speaker to cease speaking if remarks are made in bad taste or slanderous or not. The specified shall be adhered to except the chair may allow any person to speaking to complete a statement or 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 opening members of the public to speak. Please step forward, state your name and address and address. Good afternoon. My name is Robert Whitmore, 135 West 5th Street. just have one thing that I would like to mention. As someone who tries to make meetings during the week when I can, it would be great if they could all be put on the um calendar online. And if there's going to be a cancellation, the same thing, cancelled meeting, something like that, it would be greatly appreciated. Thank you.

Thank you, Mr. Whitmore. Is there anyone else who wishes to speak? There we go.

Hi, I'm Christine Pinkusky, 7 Lakefront Boulevard. Uh, the mayor's budget as presented is within the 2% tax cap, but please everyone read this controllers's office budget review is on the controllers's office website. Is 13 pages long and among other things says the budget is not realistic and shows that many changes need to be made. Therefore, requiring the council [clears throat] to be the bad guys if they go above the tax cap, which unfortunately appears to be what is needed. Yet, I don't see a resolution overriding the tax cap on the agenda. Adopting unrealistic budgets was one of the causes of the districts of the city's deficits. Operating deficits will likely occur in 2026, which would only require higher taxes and user rates in in the future to eliminate them. In addition, the budget does not address the projected operating deficits for the from 2025 from the firetruck purchases. Any deficits generated during 2025 would not be eliminated by the deficit financing and would need to be addressed by future tax levy, user rates, or unnamed use revenue sources. Since there is no contingency account in the 2026 general budget, general fund budget, there is no funding for unexpected costs. Even unsettled collective bargaining agreements include step increases that would need to be paid. Yet the majority of personnel lines items are the same as in last year's budget. How would these required contractual payments be funded? By contrast, there are substantial increases for the mayor and appointees. Her explanation of adding a health insurance buyout to the base salary makes no sense. Either you get health insurance or you get the buyout. which c get the buyout which costs less than the insurance. Adding a per a permanent buyout to salary can only increase cost to the city. Water and wastewater funds continue to lose money and drain cash from the

general fund. Estimated revenues from user charges were increased in the water and wastewater budgets without proven reasoning. Increases in user rates have been mentioned in finance meetings for over a year but have not been adopted. I urge the councils to stop kicking the can down the road and adopt a budget that accurately funds the city's 2026 operations, addresses the 2025 projected operating deficits, and addresses user charge short shortfalls. An override of the tax cap would be necessary and would be an adjustment to water and wastewater user charges. A resolution on the agenda authorizes the purchase of land for a salt storage building with aid that has already been received. The receipt of this aid would be in reimbursement of money already spent. So, it is not a new revenue source and not something that can be used for this purpose. A legitimate funding source for the land and the construction of the shed should be included in the resolution before it's presented to the council for their consideration. Adopting resolutions without legitimate funding sources was another of the causes of the city's deficits. As for the balance of the resolutions on the agenda, I like Nancy spoke to OSC and they did not recommend merging funds. The government or the government the garbage and the boardwalk funds were separated to determine and demonstrate if these funds were self- sustaining. by merging them into the general fund. Transparency would not would be decreased, not increased, as stated in the resolution, and the ability to determine if operations were are supported by recurring revenues would be harder, not easier. The reasoning does not make sense. What it will do is eliminate the liability for cash borrowed from the general from the garbage fund and will transfer over $500,000 in overpaid garbage fees to the general fund instead of it instead of

them being possibly dedicated for f future garbage truck purchases. It will also borrow bur berry in the general fund the true cost and overspending of the boardwalk which has not been self- sustaining. The council will lack key information to make decisions on rents and the amount of property taxes used to subsidize its operations. Thank you, Miss Pinowski. Unfortunately, your time has elapsed. Okay. Thank you. Thank you. Is 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. Doz.

Thank you, council. Um, I just want to thank the council's time and effort and energy that went into the 2026 budget. I'm looking forward to seeing the proposed changes to the budget that I suggested. Um, I agree with Miss Pancowski. There are some areas that probably should have gone over the tax cap this year. Um, I am leaning heavily again on council to make the appropriate decisions and appreciate everybody's time and effort. Uh, we are really trying to move forward and get things as accurate as possible. It was nearly impossible to give a percentage of a person to a boardwalk fund or garbage and refugees when those are mostly our streets people and parks people. So, uh, it was expressed to me that the clarity would come from moving those into the general fund. I may be wrong. I'm not an expert in it, and I'll be the first one to admit it. Uh, that was a suggestion that was made to me. And lastly, I just want to remind everybody that we do have our holiday event happening this weekend. Um, December 6th will be the tree lighting and also the holiday parade.

Thank you, mayor. Next, we address communications from the public and petitions. Notice of claim from Misty Fish of 100 Brigham Road, Fredonia, New York, for damages alle allegedly caused by city road conditions. Any discussion? Council hearing. None. Do I have a motion to refer to the law department and department of public works? Is there a motion to refer to the law department and department of public works council? Moved by council member Nichols, second by council member Lysco. Clerk, please call the role. Council member Leco. I. Council member Zorski. Hi. Council member Stoyle. I.

Council member Nichols. Hi. Council member Large Wiser. I. Motion carried. We now move to reports of standing committees, boards, and commissions. Council member Log.

Yeah. Um, as um, one of our residents mentioned, we are in the process of purchasing land down on Lucas Avenue that would enable the city to move the salt shed from where it is currently on Lucas Avenue to, you know, near Central Avenue. This move is directed by the DEEC and is one of the reasons the brush part of the DPW drop off was closed. Um, the salt was seeping into the river and killing fish, etc., disturbing the natural flow of nature. So, this is a step toward getting Lucas Avenue open again. I and others such as Councilwoman Nichols have many ideas and we are looking forward to working with Randy and the mayor in this endeavor. Um, thank you Erica, our assessor, for your talented work painting the front window of the Sterns building for Christmas just in time for our city shopping and Christmas event this Saturday as the mayor had talked about. Beginning at 8 am, breakfast with Santa at the Clarion and ending with a parade at 5:45 PM. Hope to see everyone there. Many vendors and free happenings, too.

That's all. Thank you, Council Member Zorski. I don't have anything. Council member Stoyle, you have to council member Nichols. The only thing I do have is a question for Randy if they're going to do one last sweep with uh for bags of brush or leaves. I noticed there's quite a few still in the city. I know we had a early November snowfall, but um hoping it doesn't last forever and the guys can get out and just do a a pickup. I noticed several bags before I had my surgery and they're still my kids are telling me they're still out there. So, I just don't want them to get buried totally and get or get hit by a plow.

Yes, we're on that right now. We have a few people that are using up some vacation days at the end of the year, so a little bit short. Um, and the weather did not look at the calendar. Winter does not start till December 21st, so that sword stuff should not be out there. Uh, covering up the leaves that we have to suck up. Uh, when we can, we will. Thank you.

Thank you. Uh, since our last meeting, council has continued its detailed review of the mayor's proposed 2026 budget, and as everyone is aware, the office of the state comproller has released its formal report on the city's financial condition. We take the comprollers's role under the fiscal recovery act seriously, and we appreciate the oversight they provide. As we continue working toward long-term financial stability, I do want to offer several points of context because many of the challenges highlighted in that report reflect broader long-standing issues, not inaction over the past year. Uh, first, council received the mayor's proposed budget on October 14th, which included a tax levy at the statutory cap. As we began our review, the controller's office provided additional financial information, including revised figures for several major budget lines that was not originally available when the mayor submitted her proposal. Most notably, the comproller has identified that police and fire appropriations require significant additional funding for 2026. Second, while the report underscores the city's incomplete and unreliable accounting records, those deficiencies affect every part of the city's financial operations. Council's working through the same limitations. In last year's budget process, we used every piece of data that the comproller supplied, including the specific projections they provided, and aligned our decisions with their recommendations. Council also approved two major modernization efforts, the transition to GovSense for financial management and ADP for payroll. Both upgrades were long overdue and essential to improving future accuracy and accountability. Dunkerk has also begun restructuring its fiscal operations to align with best practices across New York State. Our voters approval of the referendum to abolish the elected treasurer position, a structure held by fewer than 1% of municipalities statewide, represents a major step toward professionalizing our

financial management. Council is committed to ensuring that this transition is well planned, efficient, and results in a stronger fiscal framework moving forward. It is also important to clarify the controllers's reference to a projected 2025 deficit. Much of that is attributable to the long planned purchase of two fire pumpers which were ordered before my time on council and included in the debt figures adopted under the fiscal recovery act. Those costs were intended to be addressed through the issuance of deficit bonds that required controller certification of the city's debt. We received that certification later than anticipated. Once the bonds are issued, the city will repay the state's loan and a substantial portion of other outstanding obligations regarding the comprollers's mention of a missing budget calendar. The city charter clearly outlines the budgeting timeline, and council followed open meetings law for all notices, hearings, and review sessions. Council does not set deadlines for when department heads must deliver their recommendations to the mayor. Doing so would constitute executive overreach. Despite these challenges, council has approached the 2026 budget with the same thoroughess and seriousness we brought to last year's work. This year's adjustments are less granular and more focused on the broader structural issues highlighted in the comprollers report. Our amended budget maintains the property tax levy at the same level proposed by the mayor and does not exceed the statutory cap through careful revisions and the identification of more than $335,000 in additional revenue. We have also rebuilt a contingency fund of roughly $550,000, an essential component of any responsible municipal budget. Even so, Dunkerk's long-term recovery will require both continued discipline and the development of new sustainable revenue sources. Shared service discussions must continue in earnest. And as I've said before, we must move away from the declining block rate

structure in water and wastewater if those funds are to remain solvent and appropriately support their true costs. Later in tonight's meeting, council will introduce a series of walk-in resolutions outlining our full set of amendments to the 2026 budget. These changes reflect the most accurate information available, the comproller's latest guidance, and council's shared commitment to producing a realistic, responsible, and forward-looking financial plan. Finally, I want to once again thank the department heads and my colleagues on the council for their professionalism throughout the process. The work is difficult. Uh the margins are razor thin and the stakes are high, but the level of preparation and collaboration has been evident throughout. Uh I remain confident that we are moving the city in the right direction and laying the groundwork for long-term recovery and responsible growth. Moving on, it appears there is no unfinished business, so we will now address the pre-filed resolutions. Clerk, please introduce resolution number 64 of 2025.

Resolution 64-2025. Amending resolution number 13-2025 adopted February 18th, 2025. Is there any discussion? Council, seeing none, clerk, please call the role. Council member Lecoak, I. Council member Zorski, hi. Council member Doyle, hi. Council member Nichols. Hi. Council member at largeiser. I. The resolution is adopted. Resolution 65-2025 authorizing city purchase of tax foreclosed land from Chicago County to facilitate Lake Erie water quality protection by moving road salt operations using a grant.

Any discussion, council? Seeing none, clerk, please call the role. Council member Lasco. I council member Zatski. Hi. Council member Stoyle. Hi. Council member Nichols. Hi. Council member at largeiser. I the resolution is adopted. Resolution 66-2025. Resolution to consolidate the garbage and refuge fund into the general fund. Is there any discussion? Council. Yeah. Council. Council member Lysovia has the floor.

Oh, okay. um because of the city's calendar year which is the calendar year is January 1st through December 31st and it could also be called our fiscal year because that's what we have you know that's what we decide our year is but because of the city's calendar year it is best to have the income relative to garbage in the boardwalk go into a general fund the current course of separated funds would and could never allow timely and streamlined book bookkeeping that would need a fiscal year like say April 1st through March 31st which I'm for and then therefore we could have separated funds but especially now during our financial predicament we need a clear and able path towards a stable and progressive budget which everyone is working towards. That's all for me.

Thank you council member Nichols. When this account was um made a standalone alone account, it was established for purposes. It's to have monies to purchase a packer either every other year or every three years and to pay for wages of six personnel to run the packers. What is exactly? We don't even know what exact dollar amount is in this account. And we've been asking for this figure for years and we get we never get any answers. gonna ask Councilman Styles. He's asked the question. Other council members in past years have asked it. We don't have any answers on it. So, we actually need to know what that fund balances in that account and it should have quite a substantial amount in it. Do you have that information, Mayor?

We are in a current deficit. I'm not sure where you think we have a fund balance anywhere. But if it's standalone account, it's not a standalone account. I think you're you're incorrect [clears throat] in thinking that it's a standalone account. It's never been a standalone account. It literally is goes into the general fund. We try to track our tipping fees the best that we can. Um, and I know that there's been problems historically with the treasurer's office tracking those fees and the way that that's been reported. So [clears throat] to your point, while it looks like every year there is about $100,000 in a surplus in that account, every other account hasn't been in the negative.

So where's the money going? It would go into the general fund so we can make payroll every week. So you're doing budget line modifications. I'm not doing any money. No, that I do not do any budget line modifications. They come from council. I'm just saying you as in general. So budget line modifications are being taken out of that account or if you've approved them they have been. Yes. Thank you. Is there any further discussion on this council? Okay. Seeing none clerk, please call the role. Council member Lgoiaak. I. Council member Zorski. Hi. Council member Stoy. Hi. Council member Nichols. No. Council member at largeiser.

I. The resolution is adopted. Resolution 67-2025, resolution to dissolve the boardwalk fund and consolidate operations into the general fund. Is there any discussion council? Yes, I do have.

Yep. when that [clears throat] also, as you say, does not exist, is a standalone account only because when that boardwalk was paid off, we were supposed to be having revenue generated to um pay for the repairs, maintenance, um contracted services for pest control and everything else. There's eight storefronts there. When um the figures, it shows that we're at a $20,000 deficit. We should not be because if you're charging the leases a minimum of 550 per month times say seven because one of the leases has two fronts. We should be getting pro approximately $3,850 a month or $46,200 per month to go up because of someone one of the leases having a second site. Well, unfortunately on the eighth site there, we have someone that has not paid any rent for approximately 30 months, which comes up to an amount of $16,500 at a rate of 50 $550 a month. Where's all this money going from for the boardwalk when they say we have a deficit of 20 grand? And just to put things mind mindly, these resolutions say on the recommendation of the state controller at 7 minutes after 9 yesterday morning, I was on the off in calling the office of the state controller. They do not make those res recommendations on either one of those um resolutions that we have here tonight. So I don't know why on the recommendation of the state controller is put in this. They were quite concerned as the the wording of it as well [clears throat] with the figures that I just presented to you. The boardwalk should be bringing

in about 60 grand per year. The account was set up to maintain that structure. If you look at the building, nothing has been done except a few windows. Graciously, we did get a new porch and decking area this year, but prior to that, we did not do much maintenance there. that um copper colored um coloring around the windows up upstairs there is not copper, it is rust. That building has not been deta maintained at all. That is it is an insult that we could let it go. But we were told there's no money to do any of the repairs. We replaced a window, some old decking, three boxes of screws, and some duct tape and railings. uh where did the other money go to for this? Um it it's just an insult to the city that that's happening and I'm just appalled. And my late husband and I were on the ground floor of this structure being built by um a deceased mayor and a deceased um economic development director. I wish they were here now to um add to my testimony of what I just said. Thank you. Is there any further discussion on this council?

Seeing none, clerk, please call the role. Council member Lasco, I. Council member Zorski, I. Council member Doyle, hi. Council member Nichols, no. Council member at largeiser. I. The resolution is adopted. Moving on to new business. We have several walk-in resolutions this evening. who's introduced the first walk-in resolution 68-2025 fiscal year 2026 proposed budget. Okay, we will need a motion to accept the walk-in resolution onto the agenda. So move.

Moved by council member Nichols, seconded by council member Luscoak. Clerk, please call the role. Council member Lyscoak. I. Council member Zorski. Hi, Council Member Doyle. Hi, Council Member Nichols. Hi, Council Member Atlarge Wiser. I motion carried. Is there any discussion on walk-in resolution 68 of 2025? Okay, seeing none, clerk, please call the role. Council member Lysco, I. Council member Zatski, no. Council member Stoyle, I. Council member Nichols, no. Council member at large, Wiser, I. The resolution is adopted.

Walken resolution 69-2025 approve fiscal year 2026 appropriations. Okay, we'll need a motion to accept the walk-in resolution onto the agenda. Moved by council member Nichols, seconded by council member Luscoak. Clerk, please call the role. Council member Lyscoak, I. Council member Zatski, I. Council member Doyle. Council member Nichols. No. Council member at largeiser. I. Motion carried. Any discussion on walk-in resolution number 69 of 2025. Okay. Seeing none, clerk, please call the role. Council member Lgoiaak.

I. Council member Zorski. No. Council member Stoyle. Hi. Council member Nichols. No. Council member at largeiser. I. The resolution is adopted. Walk-in resolution 70-2025 authorizing warrant for fiscal year 2026 budget. Again, we'll need a motion to accept the walk-in resolution onto the agenda. Moved by council member Nichols. Second by council member Lusco. Clerk, please call the role. Council member Luscoak. I. Council member Zorski. No. Council member Stoyle. I. Council member Nichols. I. Council member at largeer.

I. Motion carried. Is there any discussion on this walk-in resolution? Um, I'll just say that, you know, our debt has finally been certified and we had to heed every single recommendation from the controllers's office in order to get that certified and get a lower loan and bond rate. So therefore, that's all I have to say. Okay. Is there any further discussion council? Okay. Okay. Seeing none, clerk, please call the role. Council member Lyscoak, I. Council member Zorski, I. Council member Stoyle. Hi. Council member Nichols. Hi. Council member Atlarge Wiser.

I. The resolution is adopted. Walk-in resolution 71-2025 authorizing an easement agreement. Okay. We'll need a motion to accept the walk-in resolution. Okay. Moved by Council Member Nichols, seconded by Council Member Lusco. Cler, please call the RO. Council member Lyscoaki I. Council member Zorski. Hi. Council member Style. Hi. Council member Nichols. Hi. Council member at largeer. I. Motion carried. Any discussion council? Seeing none, clerk, please call the role. Council member Lascoia. I. Council member Zorski. I. Council member Stoyle. I. Council member Nichols. Hi. Council member at largeiser.

I. The resolution is adopted. Walk-in resolution 72-2025 rescheduling the second December common council meeting. Again, we'll need a motion to accept the walk in onto the agenda. What's the reason for this? Because we have to move by council member Lusco. Oh, okay. Is there a second? I Okay. Um the second by council member Nichols. Clerk, please call the role. Council member Leco. Hi. Council member Zorski. Hi. Council member Stoyer. Council member Nichols. Hi. Council member at largeiser. I. Motion carried. Any discussion on walk-in resolution number 72 of 2025? Council

Nick, can we just back up one more a second and explain why we're changing the meeting date? [snorts] Uh yeah, I'm happy to uh to clarify that the final date uh for the council to adopt its final form of the budget is December 15th. Our second scheduled meeting of December would fall on Tuesday the 16th. If any adjustments are made to the budget between now and the 15th, uh we would need time to uh pass a final form of the budget. if anything were to come up.

So, this gives us the opportunity to do that without holding council meetings on back-to-back days. Thank you, Nick. Yep. Any further discussion on walk-in resolution number 72? Okay, seeing none, please call the role. Council member Lecoyak. I. Council member Zatski. Hi. Council member Stoyle. Hi. Council member Nichols. I council member at large wiser. I the resolution is adopted. Walk-in introduction for local law number four amending the city code of the city of Dunkirk to revise certain fees and establish new fees.

Okay. Again, I believe we need to move to accept the walk-in uh walk-in local law onto the agenda. Moved by Councilman Stoy, seconded by Council Member Nichols. Clerk, please call the role. Council member Leco. I. Council member Zatski. Hi. Council member Doyle. Hi. Council member Nichols. Hi. Council member at largeiser. I. Motion carried. Now, with respect to this, it's my understanding that we will need to table the local law for a public hearing, which I would propose we hold immediately preceding the next common council meeting of December 15th, 2025 at 5:30 p.m. Is there a motion to table toward that end? So moved.

Moved by Council Member Nichols, seconded by Councilman Stoy. Clerk, please call the role. Council member Lascoia. I council member Zatski. I council member Style. Council member Nichols. Hi. Council member Atlarge Wiser. I motion carried. The hearing public hearing for the local law number four of 2025 is tabled uh for December 15th, 2025 at 5:30 p.m. Is there any further new business to be discussed this evening? Council who who's in charge of the boardwalk? I've been here six years. I still haven't phoned up. Who Who makes the decisions on the boardwalk? As far as what? Councilman style. Pardon me.

As far as who makes the decisions on that board. I've been here six years. Nobody I've never found out who the hell runs it. I mean, somebody must raise the rent. Somebody must charge the rent. Somebody. That would be you. That me. Council Council was in charge of setting the lease amounts uh for the tenants. I don't recall ever being asked if we could raise the rent on anybody. I don't know. We I can point I can point to several emails where I asked to for a rent increase because we have a couple tenants who need new leases. Um and the only person who responded to my email asking for the new lease uh amounts was Councilman Wiser.

All right. So, moving on. So, I'm I'm taking that as you're in charge, right? The city is in charge, correct? we maintain the So what what I want to ask is there's a tenant there if a tenant that's there now wants to move to a different location down there say to the one business that hasn't paid months in 30 months why is he still in there and if this other person wants to move down to that location out of their location is that it possible correct they just need to make a recommend or a request and I believe if you're I don't know what tenant you're talking about but I almost every tenant except Except one is has a new lease due.

I was asked by a tenant just last week to check on it. I requested almost a year ago for new lease amounts for the five six tenants that are down there. Well, I let me put it to you this way. If this tenant wants to move, who are they who are they supposed to talk to? They just have to call my office and put it in writing. All right. What do you Okay. I just don't know what she wants an answer and I don't know who the who do I think Senator Vince or you or Nope. It it for the last four years it's been the law department or the mayor's office. Well, we don't have a law department, do we? From what I understand,

we do. We don't have a parallegal that handles the day-to-day anymore, but we do have a law department. All right. But to go along with what Mr. Doyle said, "If there needs to be repairs done there, who do you contact?" DPW is in charge of all the repairs for all city- owned buildings. Thank you. Is there any further new business to be discussed this evening council? I know. I will. I promise you. I would ask. I know. Hearing none, I'll entertain a motion to adjurnn. Some move. Moved by Councilman Nickel. Council member Nichols. Councilman Soil second. Give me one. Our clerk, please call the role. Council member Lgoyak. Hi, Council Member Zorski. Hi, Council Member Soy. Hi, Council Member Nichols. Hi,

Council Member Atlarge Wiser. I The meeting is now adjourned. Thank you everyone.