Council Chambers

Tonawanda, New York

April 21, 2009

 

A Regular Meeting of the Common Council

 

Present:  Council President Zeisz

Present Councilmembers:  Perkins, Waterhouse, Kossow, Davis

 

Pledge of Allegiance led by Council President Zeisz

 

Prayer led by Council President Zeisz

 

PUBLIC HEARING

RESTORE NY GRANT APPLICATION

 

Mayor Pilozzi – First of all, I’d just like to say that the Spaulding Fibre project is coming along quite nicely.  If you go by that project right now you’ll see quite a bit of the structure down but you’ll also notice that there’s quite a bit left. What we’re looking for in round three is basically enough money from the Restore NY grant to basically deal with the basement, all the sub-grade structure, mainly concrete.  I’m going to move over to that map and give you an idea of what we’ve done so far.  Basically, what this tells you is, it’s a little sketch of what we’ve done over time.  If you look, we had it color coded by our Engineer, Jason LaMonaco. If you look at this, that’s operating unit seven.  The NYSDEC has declared that clean.  In 2006 and 2007, the structures in blue that you see, basically were removed, demolished.  In 2008 this structure here, plus a lot of the orange that, I believe, is it still the orange Jason that’s coming down in 2009, that’s Restore #2 right? 

 

City Engineer Jason LaMonaco – The orange and the green come out of the Restore NY Round #2. 

 

Mayor Pilozzi – Yes, it’s a combination.  This gives you a chronological time but in reality, what it is, this green and orange is Restore NY #2.  There are three.  We missed out on #1.  We didn’t get a penny from New York State for #1.  #2 we had $2.5 million coming our way.  #3 is what we’re asking for now and that is another $2.5 million.  Basically, what you’re looking at here in the orange, that’s the big building, the “L” shaped building that comes to the corner of Hackett and Wheeler, and that’s going to be starting to be done next week?

 

City Engineer Jason LaMonaco – Yes, next week they’ll start the portion of the building that faces Hackett.  They are completing the asbestos abatement which is required prior to demolition.

 

Mayor Pilozzi – Obviously, we can’t demolish anything with any asbestos abatement that needs to be done.  So basically, what you’re looking at, in terms of the color code, is all above ground structures.  Now we’re going after Restore NY #3 and that will take care of, as I mentioned, basement, slabs and walls, mainly concrete type demolition.  Have anything to add Jason?   

 

City Engineer Jason LaMonaco – No, it’s pretty much what the Mayor said.  The initial 2006/2007 demolition work was done without any Restore NY funding.  Round #2, which is the green and the orange, that’s being entered for Round #2 Restore NY and that will be completed by the end of Fall 2009. Basically, what we’re left with, as far as demolition goes, once those projects have been completed, is everything being knocked down to grade so you have floor slabs, the basements, you have basement walls and the building foundations that are left so that’s what we’re targeting with the Round #3 grant application. 

 

Mayor Pilozzi - Right now, with a little luck, you’ll see all the above grade demolition completed by October 1st.  So then, assuming we get Restore NY #3, we’ll go to work on the rest of it, with the hopes of having a shovel ready site of 45.731 acres.

  

Robert Derner, 286 Niagara Shore Drive – Are you going to be taking all those subsurface foundations out before any new buildings go up in there?

 

Mayor Pilozzi - I believe, to my knowledge, we are.  

 

Robert Derner - Do you know what that’s going to cost? 

 

City Engineer LaMonaco- We’re getting estimates together right now.  It looks like it’s about $2 million but that’s a rough estimate. 

 

Robert Derner - But all those foundations will be out before you can start building is that right? 

 

Mayor Pilozzi – It is my understanding that’s what Round #3 is all about.  The only thing that we might do is “rubbleize” some of the concrete there as long as it’s clean. 

 

City Engineer LaMonaco – Of course, this is all depending upon funding. Right now the State doesn’t have the money to do the foundation removal that’s why we’re applying for the grant. 

 

Mayor Pilozzi – This is all assuming we get Round #3.  When I say we’re going to do the basement walls, the slabs, foundational work, that is assuming that we get Round #3. 

 

Robert Derner - But you can’t start building until those foundations are out, correct?

 

Mayor Pilozzi – Our plan is to have the concrete removed, those foundations, and that’s what Round #3 is all about. 

 

Councilmember Davis – Mr. Derner, we are working in conjunction with the DEC to not only pull out the foundations, but also to clean up the soil.  It’s going to be cleaned up to Restricted Residential but before any building does happen or occur on there both the foundations need to be taken out so the DEC can get at soil that might be underneath those foundations to clean it out.  And then the rubble that’s there is going to be used as backfill and then it will be shovel-ready at that point.  Until all this stuff happens, there will be no building as far as I know. 

 

Robert Derner - That’s the proper way to do it, right?

 

Councilmember Davis – Well, I mean I think that’s the way that we’re, instead of breaking pieces of the property off that would make it maybe less desirable, and try and keep the whole 47 acres together in order to market it as a 47 acre complex.  Like the Mayor said, there are bits and pieces that are clean.  The overall goal of the Spaulding Fibre Steering Committee, and I think everybody up here, is to keep that parcel of land together and sell it as one whole parcel. 

 

City Engineer LaMonaco – Just to piggyback on what Rick said real quick, the first Spaulding Fiber structure was built in 1911 and expanded upon since then in the 80’s and what had happened in the past, when they built the new building, they used to take whatever was there, including contaminated material, throw it out the back door and then build over it.  So there’s lots of contamination that can be found underneath these foundations.  This is another reason why all foundations have to come out.  So we can’t clean the site unless we can get through the slabs and basements and foundations. 

 

Mayor Pilozzi - A lot of borings have been made.  We had something like 350 borings. 

Are there any more comments?  This Public Hearing is officially closed.

  

PUBLIC HEARING

LOCAL LAW #1 – 2009

 

PUBLIC HEARING

LOCAL LAW #2 – 2009

Council President Zeisz – Currently, the Capital Program is submitted to the Council in April each year and must be passed by the Common Council by June 1st and then turned over to the Mayor to make any changes, if the Mayor so chooses, to veto any changes that we made. We’ve come to the conclusion that that system really is incredibly flawed. The budget itself is adopted late in the summer, basically in mid-September.  It was felt that it would be more practical if the Capital Program aligned with the budget so that when a budget is submitted by the Mayor’s Office, the Mayor could also submit the Capital Program, which would have capital projects that have been outlaid in the budget for the coming year.  That’s the essence of what we’re doing here. It’s really just changing dates but from a practical standpoint, it really makes a lot of sense for City operation.  The other point that I wanted to make with this is that right now we’re in the process of going through the Capital Plan for the next five years.  What will happen is, when we get into the later portion of the summer, we’re going to do it all over again.   It will be basically the same plan that we’re putting through now.  It’s already laid out and that’s going to be the information that’s used towards the 2010 General Fund Budget.  Does anybody have any questions on the changing of those timelines for our Capital Program?  

 

Public Hearings were officially closed.

 

BID OPENING:  PAVING & EQUIPMENT RENTAL

Wednesday, April 15, 2009

9:15 A.M.

 

    Robinson Paving

    11525 E. Main Street

    East Aurora, N.Y.  14052                                                               Total Bid:  $    523.00  /hr.

 

    Milherst Construction

    2601 Millersport Highway

    Getzville, NY 14068                                                           Total Bid:    $    529.00 /hr.

 

BID OPENING:  INSTALLATION OF GEOTEXTILE FABRIC

Wednesday, April 15, 2009

 9:30 A.M.

 

     Urban Enterprises

     954 Oliver Street

     North Tonawanda, N.Y. 14120                                                     Total Bid:   $    0.32 sq. yd.       

 

BID OPENING:  GEO TEXTILE FABRIC

    Wednesday, April 15, 2009

    9:45 A.M.

 

    Upstate Reban

    2117 Old Union Rd.

    Cheektowaga, NY  14225                                                               Total Bid:  $    .425 sq. yd.

      

BID OPENING: ROAD BUILDING MATERIALS

    Wednesday, April 15, 2009

    10:00 A.M.

 

     LaFarge North America                                                            

     270 Northpointe Parkway

     Suite 100, Amherst, NY 14228

 

Bid Prices:  Regular Top (Type 6F (Per Ton)                            $  59.65 /Ton

1 ACF (Type 7F) (Per Ton)                                    $  61.15 /Ton

Urban Top (Per Ton)                                              $  61.65 /Ton

Cold Patch (Per Ton)                                              $ 100.00 /Ton

#1 Stone (Per Ton)                                                  $ 13.00 /Ton

#2 Run of Crushed Stone (Per Ton)                       $   9.00 / Ton

      

Referred to the Committee of the Whole

                        Ordered filed

 

COMMUNICATIONS FROM THE MAYOR

 

A letter from Fire Chief Stuart dated April 13, 2009, asking for assistance in locating funding for the purchase and installation of a stair lift for the Niagara Hose Company quarters on Wheeler Street.

            Ordered filed

 

COMMUNICATION FROM CITY OFFICIALS AND CORRESPONDENCE

 

The following monthly reports were received by the City Clerk:

            March executive minutes of the City Clerk

            March minutes of the Planning and Zoning Board

            March minutes of the Plumbing Board

                        Referred to the Committee of the Whole

                                    Ordered filed

 

A letter from Mill Creek Townhouses Condominium Association dated April 13, 2009, regarding the City ditch that runs between their property at 120 and 126 Ellicott Creek Road.

            Referred to the Committee of the Whole

                        Ordered filed

 

A Notice of Public Hearing to be held on April 27, 2009, at 6:30 P.M. by the Board of Appeals for the property owner at 325 Utica Street be allowed to erect a 13’8” X 9’8” addition to the rear of the dwelling.

            Referred to the Committee of the Whole

                        Ordered filed

           

COMMENTS BY THE PUBLIC ON RESOLUTIONS

 

Robert Derner, 286 Niagara Shore Drive – Number 18, could you explain the purpose of that.  It concerns the City water system and I thought we were with the Erie County Water Authority now.

 

Council President Zeisz - We have monies that are going to be designated for the water plant design and clean up but there’s a shortfall and this is going to make up that difference so that we can prepare the water plant for demolition. 

 

Robert Derner - There is one thing about this water plant, as long as we’re talking about it.  The water plant has a large reservoir in the back of it and during the warm weather months, the kids climb up that side of the wall and walk along that wall.  They throw things in there.  If one of those kids falls into that place, it’s about a 20’ drop, and it’s a concrete base on the bottom of the pit there.  If some kid goes up there by himself and falls in, nobody will even know he’s there.  He could get killed because it’s such a high drop and I think you ought to take a look at it and securing it so these kids can’t get up there.  I go walking there a lot and a lot of times these kids are horsing around up there. There’s a couple of times I called the police but by the time the police come, they run off the other side.  It’s a dangerous situation and I think you ought to take a good look at that. 

 

MOTIONS AND RESOLUTIONS

 

73.       By Councilmember Perkins                         seconded by Councilmember Waterhouse

                        Resolved, that the bills be allowed as audited and the City Clerk be authorized to draw warrants on the Treasurer for the various amounts.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

74.       By the Council                                                  seconded by the Council

Resolved that, at the recommendation of the Superintendent of Public Works, the bid for Geotextile Fabric be awarded to Upstate Reban for a bid price of $ .425/sq.yd.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

75.       By the Council                                                  seconded by the Council

        Resolved that, at the recommendation of the Superintendent of Public Works, the bid for Paving Equipment and Operator Rental be awarded to Robinson Paving for a bid price of $ 523.00/hr. 

               

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

76.       By the Council                                                  seconded by the Council

Resolved that, at the recommendation of the Superintendent of Public Works, the bid for the Installation of Geotextile Fabric be awarded to Urban Enterprises for a bid price of $ 0.32/sq.yd. 

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

77.       By the Council                                                  seconded by the Council

Resolved that, at the recommendation of the Superintendent of Public Works, the bid for Road Building Materials be awarded to LaFarge North America for a bid price of:

 

Regular Top (Type 6F (Per Ton)                                  $  59.65 /Ton

1 ACF (Type 7F) (Per Ton)                                    $  61.15 /Ton

Urban Top (Per Ton)                                              $  61.65 /Ton

Cold Patch (Per Ton)                                              $ 100.00 /Ton

#1 Stone (Per Ton)                                                  $ 13.00 /Ton

#2 Run of Crushed Stone (Per Ton)                       $   9.00 / Ton

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

78.       By Council President Zeisz                                     seconded by Councilmember Perkins

                        Resolved, that the reading of resolutions numbers 7, 8, 9, 10, 12, 13, 17, 18, 19, 20, 21, and 22 be waived.

 

            Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

            Nays: None

Resolution declared adopted

 

 

 

 

79.       By the Council                                                  seconded by the Council

            Resolved, that the Mayor be authorized and directed to sign the following agreement:

            This agreement, made the 1st day of April, 2009, by and between the City of Tonawanda, a municipal corporation, situate with the County of Erie and State of New York hereinafter called the "City" and the DELAWARE HOSE COMPANY #2, a volunteer fire company organized and existing within the City of Tonawanda, hereinafter called "Company".

 

            Witnesseth:

            Whereas, the said Company furnished fire protection to said City and maintains facilities and personnel to answer calls and fire alarms for the protection and preservation from fire of life and property.

            Now, therefore, in consideration of the covenants and agreements hereinafter set forth, the parties hereto agree as follows:

            1.  The Company agrees to maintain and furnish at all times, protection from fire of life and property in the City of Tonawanda and to maintain and furnish the services of the volunteer members of said companies in so protecting life and property.

2. The City agrees to make payments to said Company in the sum of $4,750.00 payable on the first day of April 2009.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

80.       By the Council                                                  seconded by the Council

            Resolved, that the Mayor be authorized and directed to sign the following agreement:

            This agreement, made the 1st day of April, 2009, by and between the City of Tonawanda, a municipal corporation, situate with the County of Erie and State of New York hereinafter called the "City" and the NATIONAL HOSE COMPANY #1, a volunteer fire company organized and existing within the City of Tonawanda, hereinafter called "Company".

            Witnesseth:

            Whereas, the said Company furnished fire protection to said City and maintains facilities and personnel to answer calls and fire alarms for the protection and preservation from fire of life and property.

            Now, therefore, in consideration of the covenants and agreements hereinafter set forth, the parties hereto agree as follows:

            1.  The Company agrees to maintain and furnish at all times, protection from fire of life and property in the City of Tonawanda and to maintain and furnish the services of the volunteer members of said companies in so protecting life and property.

            2.  The City agrees to make payments to said Company in the sum of $4,750.00 payable on the first day of April 2009.

           

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

81.       By the Council                                                  seconded by the Council

            Resolved, that the Mayor be authorized and directed to sign the following agreement:

            This agreement, made the 1st day of April, 2009, by and between the City of Tonawanda, a municipal corporation, situate with the County of Erie and State of New York hereinafter called the "City" and the NIAGARA HOSE COMPANY #3, a volunteer fire company organized and existing within the City of Tonawanda, hereinafter called "Company".

            Witnesseth:

            Whereas, the said Company furnished fire protection to said City and maintains facilities and personnel to answer calls and fire alarms for the protection and preservation from fire of life and property.

            Now, therefore, in consideration of the covenants and agreements hereinafter set forth, the parties hereto agree as follows:

            1.  The Company agrees to maintain and furnish at all times, protection from fire of life and property in the City of Tonawanda and to maintain and furnish the services of the volunteer members of said companies in so protecting life and property.

            2.  The City agrees to make payments to said Company in the sum of $4,750.00 payable on the first day of April 2009.

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

82.       By the Council                                                  seconded by the Council

            Resolved, that the Mayor be authorized and directed to sign the following agreement:

            This agreement, made the 1st day of April, 2009, by and between the City of Tonawanda, a municipal corporation, situate with the County of Erie and State of New York hereinafter called the "City" and the UNION HOOK & LADDER COMPANY #1, a volunteer fire company organized and existing within the City of Tonawanda, hereinafter called "Company".

            Witnesseth:

            Whereas, the said Company furnished fire protection to said City and maintains facilities and personnel to answer calls and fire alarms for the protection and preservation from fire of life and property.

            Now, therefore, in consideration of the covenants and agreements hereinafter set forth, the parties hereto agree as follows:

            1. The Company agrees to maintain and furnish at all times, protection from fire of life and property in the City of Tonawanda and to maintain and furnish the services of the volunteer members of said companies in so protecting life and property.

2.      The City agrees to make payments to said Company in the sum of $4,750.00 payable on the first day of April 2009.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

83.       By the Council                                                  seconded by the Council

                        Whereas, according to the City of Tonawanda Charter adopted November 4, 1995, the Common Council must establish by ordinance no later than May 1, 2009, the compensation rates of the offices subject to the election in November of 2009, and

                        Whereas, such compensation rates must take effect on January 1, 2010, now, therefore be it

                        Resolved, that the Mayor receive $32,000 per year and each Councilmember receive $7,000 per year.

 

            Council President Zeisz – Just for everybody’s information, these are the salaries that are currently in place.  There is no increase, but they do have to be designated prior to an election year for these offices. 

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

84.       By the Council                                                  seconded by the Council

            Whereas, a Local Law (#1 - 2009) to amend Article V. Finance, Division 2. Budgets and Capital Improvements Program, Section 5.023 entitled “Capital Program”, subdivision (a) of the Charter of the City of Tonawanda which provides for the Mayor to prepare and submit the Common Council a five-year Capital Program, or revision or extension thereof, on or before the first regularly scheduled meeting in August 2009 of the current fiscal year.  The first such program shall be submitted by the first regularly scheduled meeting in August was enacted by a resolution of this body on April 7, 2009; and

            Whereas, Mayor Ronald J. Pilozzi has this evening held a Public Hearing concerning said legislation, now, therefore be it

            Resolved, that should the Mayor approve said legislation as is required by law, the City Clerk is directed to notify New York Secretary of State of its enactment and approval.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

 

85.       By the Council                                                  seconded by the Council

            Whereas, a Local Law (#2 - 2009) to amend Article V. Finance, Division 2. Budgets and Capital Improvements Program, Section 5.024, entitled “Common Council action on capital program”, subdivision (b) of the Charter of the City of Tonawanda which provides that the Common Council shall adopt the capital program with or without amendment after the public hearing and on or before the first regularly scheduled meeting in October of the current fiscal year.  The Mayor may disapprove one or more specific Capital Program items pursuant to Section 2.023 of this Charter.  The Common Council may then override the Mayor’s disapproval pursuant to Section 2.023 of this Charter.  With respect to the Capital Program, the Common Council shall meet no later than the second regularly scheduled meeting in November to consider overriding the Mayor’s veto of capital program items.  If the Common Council fails to adopt the program by such second regularly scheduled meeting in November, the Capital Program submitted by the Mayor pursuant to Section 5.023 of this Charter shall be deemed adopted for the ensuing fiscal year was enacted by a resolution of this body on April 7, 2009; and

            Whereas, Mayor Ronald J. Pilozzi has this evening held a Public Hearing concerning said legislation, now, therefore be it

            Resolved, that should the Mayor approve said legislation as is required by law, the City Clerk is directed to notify New York Secretary of State of its enactment and approval.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

86.       By the Council                                                  seconded by the Council

            Resolved, that Judy Lynn Barry, 309 Grove Street, be appointed Commissioner of Deeds for the City of Tonawanda, term to expired December 31, 2010.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

87.       By the Council                                                  seconded by the Council

            Resolved, that a certificate of insurance and bond be filed and a license be issued to Gregory Zakrzewski from Aslan Plumbing and Mechanical Services, Inc., to do plumbing in the City of Tonawanda.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

88.       By the Council                                                  seconded by the Council

            Resolved, that permission be granted to St. Francis of Assisi Church to close Adam Street, between Seymour and Clinton Streets to vehicular traffic on Saturday, June 20, 2009, from 9:00 A.M. through 10:00 P.M. for an outdoor parish celebration and be it further

            Resolved, that ingress and egress be provided for local traffic and emergency vehicles.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

89.       By the Council                                                  seconded by the Council

            Whereas, the City of Tonawanda is the project sponsor for a grant funding application for the demolition of Spaulding Fibre under the Restore NY Communities Initiatives program through the Empire State Development Corporation (ESDC), and

            Whereas, the Common Council of the City of Tonawanda is the local legislative body of the project sponsor and as such finds that the proposed Spaulding project is consistent with the existing local and regional plan; the proposed financing is appropriate for the specific project; the project facilitates effective and efficient use of existing and future public resources so as to promote both economic development and preservation of community resources and the project develops and enhances infrastructure and other facilities in a manner that will attract, create and sustain employment opportunities, now therefore be it

            Resolved, that the Common Council supports the Spaulding Fibre Demolition Project as well as the City of Tonawanda’s grant application for funding to the ESDC for the demolition of Spaulding Fibre under Round 3 of the Restore NY Communities Initiative Program for 2009, and be it further

            Resolved, that Mayor Ronald J. Pilozzi has been authorized to sign the grant application to the ESDC, up to $2,500,000.00 under the Restore NY Program for the Spaulding Fibre demolition project.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

90.       By Council President Zeisz                                     seconded by Councilmember Waterhouse

                       

A BOND RESOLUTION, DATED APRIL 21, 2009, OF THE COMMON COUNCIL OF THE CITY OF TONAWANDA, ERIE COUNTY, NEW YORK (THE “CITY”), AUTHORIZING THE RECONSTRUCTION AND CONSTRUCTION OF IMPROVEMENTS TO VARIOUS CITY ROADS AND OTHER IMPROVEMENTS IN CONNECTION THEREWITH, AT A MAXIMUM ESTIMATED COST NOT TO EXCEED $794,000, AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $794,000 OF THE CITY OF TONAWANDA, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE, SAID AMOUNT TO BE OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS RECEIVED, AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE CITY TREASURER.

           

BE IT RESOLVED, by the Common Council (by the favorable vote of not less than two-thirds of all the members of the Council) as follows:

 

SECTION 1.  The specific purpose (hereinafter referred to as “purpose”) to be financed pursuant to this resolution is the reconstruction of and construction of improvements to various City roads and other improvements in connection therewith, including preliminary costs and costs incidental thereto.  The maximum cost of said purpose will not exceed $794,000.

 

SECTION 2.  The Common Council plans to finance the maximum estimated cost of said purpose by the issuance of serial bonds in an amount not to exceed $794,000 of said City, hereby authorized to be issued therefore pursuant to the Local Finance Law, said amount to be offset by any federal, state, county and/or local funds received.  The cost of such improvement is to be paid by the levy and collection of taxes on all real property in the City to pay the principal of said bonds and the interest thereon as the same shall become due and payable.

 

SECTION 3.  It is hereby determined that said purpose is an object or purpose described in subdivision 20(b) of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is 10 years.

 

SECTION 4.  Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of said bonds.

 

SECTION 5.  It is hereby determined the proposed maturity of the obligations authorized by this resolution will be in excess of five years.

 

SECTION 6.  The faith and credit of said City are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year.  There shall annually be levied on all the taxable real property of said City a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

 

SECTION 7.  Subject to the provisions of this resolution and of the Local Finance Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals of said notes and of Section 21.00, Section 50.00, Sections 56.00 to 60.00, Section 62.00 and Section 63.00 of the Local Finance Law, the powers and duties of the Common Council pertaining or incidental to the sale and issuance of the obligations herein authorized, including but not limited to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the City Treasurer, the chief fiscal officer of the City.

 

SECTION 8.  The temporary use of available funds of the City, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the purpose or purposes described in Section 1 of this resolution.  The City then reasonably expects to reimburse any such expenditures (to the extent made after the date hereof or within 60 days prior to the date hereof) with the proceeds of the bonds authorized by Section 2 of this resolution (or with the proceeds of any bond anticipation notes issued in anticipation of the sale of such bonds).  This resolution shall constitute the declaration of the City’s “official intent” to reimburse the expenditures authorized by Section 2 hereof with such bond or note proceeds, as required by United States Treasury Regulations Section 1.150-2.

 

SECTION 9.  The City Treasurer is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code.

 

SECTION 10.            The City Treasurer is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.

SECTION 11.            The City has complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act (“SEQRA”), comprising Article 8 of the Environmental Conservation Law and, in connection therewith, duly issued a negative declaration and/or other applicable documentation, and therefore, no further action under the State Environmental Quality Review Act is necessary.

 

SECTION 12.            The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:

 

1.            (a)            such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or

 

(b)         if the provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication; or

 

2.            such obligations are authorized in violation of the provisions of the Constitution of New York.

 

SECTION 13. The City Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of said Local Finance Law, in a newspaper having a general circulation in said City and hereby designated as the official newspaper of said City for such publication.

 

SECTION 14.            This Resolution is effective immediately.

 

Ayes: Waterhouse, Kossow, Davis, Zeisz

Nays: Perkins

Resolution declared adopted

 

91.       By the Council                                                  seconded by the Council

           

A BOND RESOLUTION, DATED APRIL 21, 2009, OF THE COMMON COUNCIL OF THE CITY OF TONAWANDA, ERIE COUNTY, NEW YORK (THE “CITY”), AUTHORIZING THE ACQUISITION OF TRUCKS AND EQUIPMENT FOR USE BY THE CITY, AT AN AGGREGATE MAXIMUM ESTIMATED COST NOT TO EXCEED $287,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE AMOUNT NOT TO EXCEED $287,000 OF THE CITY, OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FINDS RECEIVED, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE, AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE CITY TREASURE.

 

WHEREAS, the Common Council of the City of Tonawanda, Erie County, New York  (the "City"), has determined that the acquisition of trucks and equipment for use by the City (the "Project") is in the public interest; and

 

WHEREAS, the Common Council desires to issue obligations of the City to finance the costs of the Project.

 

BE IT RESOLVED, by the Common Council (by the favorable vote of not less than two-thirds of all the members of the Council) as follows:

 

SECTION 1. The specific purposes to be financed pursuant to this resolution is the acquisition of:

 

(a)   a Department of Public Works two-wheel drive pickup truck ($15,000),

 

(b) a Department of Public Works four-wheel drive pickup truck ($30,000), and

(c) a sewer jet truck ($242,000)

 

(collectively, the "purpose") all for use by the City, including necessary equipment, machinery, apparatus and warranties, and all preliminary costs and costs incidental thereto. The maximum cost of said purpose will not exceed $287,000.

 

SECTION 2. The Common Council plans to finance the maximum estimated cost of said purpose by the issuance of serial bonds in an amount not to exceed $287,000 of said City, hereby authorized to be issued therefore pursuant to the Local Finance Law, said amount to be offset by any federal, state, county and/or local funds received. The cost of such improvement is to be paid by the levy and collection of taxes on all real property in the City to pay the principal of said bonds and the interest thereon as the same shall become due and payable.

 

SECTION 3. It is hereby determined that the period of probable usefulness for:

(a) the two-wheel drive pickup truck is 5 years, pursuant to subdivision 28 of

paragraph (a) of Section 11.00 of the Local Finance Law,

 

(b) the four-wheel drive pickup truck is 10 years, pursuant to subdivision 28 of

paragraph (a) of Section 11.00 of the Local Finance Law, and

 

(c) the sewer jet truck referred to herein is 15 years, pursuant to subdivision 28 of

paragraph (a) of Section 11.00 of the Local Finance Law.

 

SECTION 4. Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of said bonds.

 

SECTION 5. It is hereby determined that a portion of the proposed maturity of the obligations authorized by this resolution will be in excess of five years.

 

SECTION 6. The faith and credit of said City are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of the City a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

 

SECTION 7. Subject to the provisions of this resolution and of the Local Finance Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals of said notes and of Section 21.00, Section 50.00, Sections 56.00 to 60.00, Section 62.00 and Section 63.00 of the Local Finance Law, the powers and duties of the Common Council pertaining or incidental to the sale and issuance of the obligations herein authorized, including but not limited to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the City Treasurer, the chief fiscal officer of the City.

 

 

SECTION 8. The temporary use of available funds of the City, not immediately

required for the purpose or purposes for which the same were borrowed, raised or  otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the purpose or purposes described in Section 1 of this resolution. The City then reasonably expects to reimburse any such expenditures (to the extent made after the date hereof or within 60 days prior to the date hereof) with the proceeds of the bonds authorized by Section 2 of this resolution (or with the proceeds of any bond anticipation notes issued in anticipation of the sale of such bonds). This resolution shall constitute the declaration of the City's "official intent" to reimburse the expenditures authorized by Section 2 hereof with such bond or note proceeds, as required by United States Treasury Regulations Section 1.150-2.

 

SECTION 9. The City Treasurer is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code") and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as "qualified tax-exempt bonds" in accordance with Section 265(b)(3)(B)(i) of the Code.

 

SECTION 10. The City Treasurer is further authorized to enter into a continuing

disclosure agreement with the initial purchaser of the bonds or notes authorized by this

resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.

 

SECTION 11. The City has determined that the Project will not have a significant effect on the environment and, therefore, no other determination or procedures under the State Environmental Quality Review Act ("SEQRA") is required.

 

SECTION 12. The validity of said serial bonds or of any bond anticipation notes issued

in anticipation of the sale of said serial bonds may be contested only if:

 

(1)            (a) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or

(b) The provisions of law which should be complied with at the date of

publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after

the date of such publication; or

 

(2) Said obligations are authorized in violation of the provisions of the Constitution of New York.

 

SECTION 13. The City Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of said Local Finance Law, in a newspaper having a general circulation in said City and hereby designated as the official newspaper of said City for such publication.

 

SECTION 14. This Resolution shall take effect immediately.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

 

 

 

 

92.       By the Council                                                  seconded by the Council

           

A BOND RESOLUTION, DATED APRIL 21, 2009, OF THE COMMON COUNCIL OF THE CITY OF TONAWANDA, ERIE COUNTY, NEW YORK (THE “CITY”), AUTHORIZING THE PLANNING OF A FUTURE CAPITAL IMPROVEMENT, AT A MAXIMUM ESTIMATED COST NOT TO EXCEED $64,000, AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $64,000 OF THE CITY, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE, SAID AMOUNT TO BE OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS RECEIVED, AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE CITY TREASURER.

           

BE IT RESOLVED, by the Common Council of the City of Tonawanda, Erie County, New York (the “City”) (by the favorable vote of not less than two-thirds of all the members of the Council) as follows:

 

SECTION 1.  The specific purpose (hereinafter referred to as “purpose”) to be financed pursuant to this resolution is the planning of a future capital improvement including, but not limited to, the design of a rip/rap sheetpile waterway reconstruction project in the City, including preliminary costs and costs incidental thereto.  The maximum cost of said purpose will not exceed $64,000.

 

SECTION 2.  The Common Council plans to finance the maximum estimated cost of said purpose by the issuance of serial bonds in an amount not to exceed $64,000 of the City, hereby authorized to be issued therefore pursuant to the Local Finance Law, said amount to be offset by any federal, state, county and/or local funds received.  The cost of such improvement is to be paid by the levy and collection of taxes on all real property in the City to pay the principal of said bonds and the interest thereon as the same shall become due and payable.

 

SECTION 3.  It is hereby determined that said purpose is an object or purpose described in subdivision 62 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is 5 years.

 

SECTION 4.  Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of said bonds.

 

SECTION 5.  It is hereby determined the proposed maturity of the obligations authorized by this resolution will not be in excess of five years.

 

SECTION 6.  The faith and credit of the City are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year.  There shall annually be levied on all the taxable real property of the City a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

 

SECTION 7.  Subject to the provisions of this resolution and of the Local Finance Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals of said notes and of Section 21.00, Section 50.00, Sections 56.00 to 60.00, Section 62.00 and Section 63.00 of the Local Finance Law, the powers and duties of the Common Council pertaining or incidental to the sale and issuance of the obligations herein authorized including, but not limited to, authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the City Treasurer, the chief fiscal officer of the City.

 

SECTION 8.  The temporary use of available funds of the City, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the purpose or purposes described in Section 1 of this resolution.  The City then reasonably expects to reimburse any such expenditures (to the extent made after the date hereof or within 60 days prior to the date hereof) with the proceeds of the bonds authorized by Section 2 of this resolution (or with the proceeds of any bond anticipation notes issued in anticipation of the sale of such bonds).  This resolution shall constitute the declaration of the City’s “official intent” to reimburse the expenditures authorized by Section 2 hereof with such bond or note proceeds, as required by United States Treasury Regulations Section 1.150-2.

 

SECTION 9.  The City Treasurer is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code.

 

SECTION 10.            The City Treasurer is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.

 

SECTION 11.            The City has determined that the Project will not have a significant effect on the environment and, therefore, no other determination or procedures under the State Environmental Quality Review Act (“SEQRA”) is required.

 

SECTION 12.            The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:

 

(1)            (a)            Such obligations are authorized for an object or purpose for which the City is not authorized to expend money, or

 

(b)         The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with,

 

and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication; or

(2)            Said obligations are authorized in violation of the provisions of the Constitution of New York.

 

SECTION 13.            This Resolution is effective immediately.

 

SECTION 14. The City Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of said Local Finance Law, in a newspaper having a general circulation in the City and hereby designated as the official newspaper of the City for such publication.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

93.       By the Council                                                  seconded by the Council

            WHEREAS, the title of this Resolution/Ordinance has been published at least once in a newspaper of general circulation, more specifically, The Tonawanda News, on April 11, 2009 in accordance with Section 2.047 of the City Charter,

 

            NOW, THEREFORE, BE IT RESOLVED, that Chapter 14 of the Code of the City of Tonawanda entitled “Buildings and Building Regulations”, Article 3 “Electrical Standards”, Division 2. “Administration and Enforcement” Sec. 14-252 Inspectors, which now reads as follows:

 

            (a)            The building inspector may detail such members of the building department as inspectors as shall from time to time be necessary.  The building inspector shall accept the assistance of the city electrician and the inspectors of the state board of fire underwriters when such assistance is available.

 

            (b)            The chief inspector and each of the duly appointed inspectors of the state board of fire underwriters are hereby authorized and deputized as agents of the city to make inspections and re-inspections of all electrical installations and to approve or disapprove such installations.

 

            (c)            The cost or expense of such inspections and re-inspections by the chief inspector and inspectors of the state board of fire underwriters shall not be a charge against the city unless the common council shall authorize payment therefore.

 

            Shall be amended to read as follows:

 

            (a)            The building inspector may detail such members of the building department as inspectors as shall from time to time be necessary.  The building inspector shall accept the assistance of the city electrician and the inspectors of an electrical inspection agency approved by the building inspector.

 

            (b)            In order to be approved by the building inspector, an electrical inspection agency must provide:

 

1.            Proof of liability insurance coverage in the amount of $1,000,000 each occurrence/$2,000,000 aggregate, naming the City of Tonawanda as an additional insured.

 

2.            Proof of workers’ compensation insurance coverage.

 

3.            Proof of New York State disability insurance coverage.

 

4.            Proof that all inspectors are, in fact, direct employees of the agency.

 

            (c)            In order to be approved by the building inspector, the inspectors of any electrical inspection agency must meet the following requirements:

 

            1.            Electrical inspectors must comply with the requirements for New York

State Code Enforcement Officials pursuant to Title 19 NYCRR, Parts 434 and 1208 and any and all amendments thereto.

 

2.            Electrical inspectors must be certified by the International Association of Electrical Inspectors (IAEI) as a Certified Electrical Inspector Residential to perform electrical inspections on one and two-family dwellings.

 

3.            Electrical inspectors must be certified by the International Association of Electrical Inspectors (IAEI) as a Certified Electrical Inspector Master to perform electrical inspections on one and two-family dwellings and all other buildings or occupancies.

 

(d)            Any approved electrical inspector directly employed by an approved electrical inspection agency is hereby authorized and deputized as agent of the city to make inspections and re-inspections of all electrical installations and to approve or disapprove such installations.

 

            (e)            The cost or expense of such inspections and re-inspections by an approved electrical inspector shall not be a charge against the city unless the common council shall authorize payment therefore.  The cost of all inspections shall be paid by the applicant.

 

            AND, BE IT FURTHER RESOLVED, that Chapter 17 of the Code of the City of Tonawanda entitled “Buildings and Building Regulations”, Article 3 “Electrical Standards”, Division 2. “Administration and Enforcement” Sec. 14-253 Inspections generally; certificate of compliance. which now reads as follows:

 

            The chief inspector of the state board of fire underwriters shall report, in writing, to the city building inspector all violations of or deviations from or omissions of the electrical provisions of the National Electrical Code and of all local laws and ordinances and the building code as referred to in this article insofar as any of such provisions apply to electrical wiring.  The inspector shall make inspections and re-inspections of electrical installations in and on properties in the city upon the written request of any authorized official of this city or as provide in this article.  The inspectors are authorized to make inspections and re-inspections of electrical wiring installations, devices, appliances and equipment in and on properties within the city where they deem it necessary for the protection of life and property.  In the event of an emergency, it is the duty of the inspectors to make electrical inspections upon the oral request of an official or officers of the city and owners and/or lessees of property where defective electrical installations and equipment are found upon inspection.  The chief inspector shall authorize the issuing of a certificate of compliance when electrical installations and equipment are in conformity with this article.  The chief inspector shall direct that a copy of the certificate of compliance be sent to the building inspector of this city.

 

            Shall be amended to read as follows:

 

            An approved electrical inspector shall report in writing, to the city building inspector all violations of or deviations from or omissions of the electrical provisions of the National Electrical Code and of all local laws and ordinances and the building code as referred to in this article insofar as any of such provisions apply to electrical wiring.  The approved electrical inspector shall make inspections and re-inspections of electrical installations in and on properties in the city upon the written request of an authorized official of this city or as provided in this article.  The approved electrical inspectors are authorized to make inspections and re-inspections of electrical wiring installations, devices, appliances and equipment in and on properties within the city where they deem it necessary for the protection of life and property.  In the event of an emergency, it is the duty of the approved electrical inspectors to make electrical inspections upon the oral request of an official or officers of the city and owners and/or lessees of property where defective electrical installations and equipment are found upon inspection.  An approved electrical inspector shall authorize the issuing of a certificate of compliance when electrical installations and equipment are in conformity with this article.  An approved electrical inspector shall direct that a copy of the certificate of compliance be sent the building inspector of this city.

 

            AND BE IT FURTHER RESOLVED, that Chapter 14 of the Code of the City of Tonawanda entitled “Buildings and Building Regulations”, Article 3 “Electrical Standards”, Division 2. “Administration and Enforcement” Sec. 14-254 Application for inspection; connection of power supply, which now reads as follows:

 

            It shall be a violation of this article for any person to install or cause to be installed or to alter electrical wiring for light, heat or power in or on properties in the city until an application for inspection has been filed with the state board of fire underwriters.  It shall be a violation of this article for a person to connect or cause to be connected electrical wiring in or on properties for light, heat or power to any source of electrical energy supply prior to the issuance of a temporary certificate or certificate of compliance by the state board of fire underwriters.

 

            Shall be amended to read as follows:

 

            It shall be a violation of this article for any person to install or cause to be installed or to alter electrical wiring for light, heat or power in or on properties in the city until an application for inspection has been filed with any approved electrical inspection agency.  It shall be a violation of this article for a person to connect or cause to be connected electrical wiring in or on properties for light, heat or power to any source of electrical energy supply prior to the issuance of a temporary certificate or certificate of compliance by any approved electrical inspection agency.

 

            BE IT FURTHER RESOLVED, that all other sections of said ordinance shall remain unchanged and in full force and effect; and

 

            BE IT FURTHER RESOLVED, that the above amendment shall take effect upon publication in an official newspaper of the City of Tonawanda.

 

Council President Zeisz – The purpose of this ordinance change is that currently there is one company authorized to do electrical inspections here in the City of Tonawanda.  This would allow other companies to come in to the City and be able to do electrical inspections in people’s homes.  It just gives our residents another opportunity to have someone handle this work for them.  This ordinance will also outlines different requirements for those individuals. 

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

94.       By the Council                                                  seconded by the Council

            Whereas, a $25.00 Special Events application fee and application were received by the City Clerk for the “Great Strides” Cystic Fibrosis Walk-a-thon, and

            Whereas, the application was reviewed and commented on by all appropriate department heads to insure the safety and well being of our residents, now, therefore be it

            Resolved, that permission be granted to the Cystic Fibrosis Foundation to hold their annual Walk-a-thon on Saturday, May 16, 2009, through various streets of the City of Tonawanda, and be it further

            Resolved, that a Certificate of Insurance be filed with the City Clerk naming the City as additional insured no later than May 4, 2009.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

95.       By the Council                                                  seconded by the Council

            Whereas, a $25.00 Special Events Application Fee and application were received by the City Clerk from Lindsay’s Legacy 5K Run, and

            Whereas, the application was reviewed and commented on by all appropriate department heads to insure the safety of our residents, now, therefore be it

            Resolved, that permission be granted to Lindsay’s Legacy 5K Run to use various streets in the City of Tonawanda for their annual 5K Run being held on Saturday, November 14, 2009, from 11:00 A.M. until the race is completed, and be it further

            Resolved, that a Certificate of Insurance naming the City of Tonawanda as additional insured be presented to the City Clerk no later than November 1, 2009.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

COMMENTS FROM THE PUBLIC AFTER RESOLUTIONS

 

Robert Derner, 286 Niagara Shore Drive – This past week, I noticed that the City of Buffalo has put their employees salaries on the website and I just was wondering what kind of progress we’re making putting the City employee contracts on the website. 

 

Mayor Pilozzi – What I’ve done so far is to confer with both the Town of Tonawanda, Jimmy Jones, and also North Tonawanda to see what they’re doing, his name is Dave Maziarz.  Basically what they’re putting on their websites is forms and informational type items.  In other words, City events and that sort of thing.  We really haven’t decided yet where we want to go with it. I’m going to be talking at the next Department Head’s meeting to see where we want to go with it because it has to be a policy because you might want something, and she might want something, and before you know it, you have the entire website tied up.

 

Robert Derner - With all due respect, next week all of us are going to be filling the City’s coffers with a pile of money.

 

Mayor Pilozzi - Pardon me, with what? 

 

Robert Derner – With a pile of money from taxes, okay?  Don’t you think that the people that pay these taxes have a right to see how you’re spending it?

 

Mayor Pilozzi - Absolutely, and you do.   

 

Robert Derner – Not if you don’t show us the contracts.

 

Mayor Pilozzi – You can get those contracts anytime you like by coming to the Clerk’s office and FOILing them. 

 

Robert Derner – You have to go through the Freedom of Information.  It should be available to anybody that wants to click on his computer.  They should be able to have it.  I mean I can see…. 

 

Mayor Pilozzi – …and where do you propose sir that it stops? 

 

Robert Derner – Any City business should be available to anybody that pays taxes. 

 

Mayor Pilozzi – And it is.   

 

Robert Derner - It’s not the Council’s private business.  It’s not the worker’s private business.  It’s everybody’s business and that’s all I’m saying about that.  I hope you reconsider.  The other thing is I want to talk about is back in 1957 I purchased my first lot from Jim Cipriano up on Rogers Avenue and shortly after I got my first tax bill and at that time I was excited, I was a landowner and I paid my taxes and I was very happy to do it.  I’ve changed over the years.  As most people have.   Back in 1965 the City built a fire hall over on Young Street, 1963-1965, and they paid $120,000 for it, $2,000 more or less either way.  Recently, the building was sold in 2005 for $162,500 and the people who bought it take nice care of it.  There is no problem about that.   When it went up for sale, I don’t remember seeing anything being advertised for it, but it might have been, so I don’t know, but I didn’t see it and I asked a lot of people, they didn’t see it either.  Right now, the people that bought it paid $162,500, the land now is assessed for $157,700 and the entire property is assessed for $178,000.  My question to you is this.  Do you think $20,300 for that building is a proper assessment?  Thank you. 

 

Mayor Pilozzi – Neither the Common Council President nor myself are assessors but simple arithmetic would say, I’d question it too. 

 

Robert Derner – O.K., thank you.

 

Council President Zeisz - Just for informational purposes, we had a bond in there tonight for $794,000 for street work.  Just to give people an idea, there is money for East Niagara, from Fillmore to the City line in the amount of $133,000; Young Street, from Morgan to Glenwood, $174,000; State Street, from Delaware to Young, $140,000; Franklin, from Erie to Main, $105,000; Ellicott Creek is $162,000; Gibson, from Fletcher to Niagara $66,000; Mosher, from Hackett to Colonial, $140,000; we also have Moyle in there for $91,000, just to give you a sense of how quickly the money goes in trying to pave some of these streets.  Now obviously, this is all contingent on whether and our ability to get through all this.  Basically, what happens is the City does a lot of the work themselves.  We have people come out that run the paving trucks but we do all the sewer adjustments and things like that on our own.   When they mill the roads, all the cleanups done by City crews.  I just wanted to give everybody an idea of the kind of work that would go into that money.   

 

COMMENTS FROM THE COUNCILMEMBERS AFTER RESOLUTIONS

 

Councilmember Davis – I want to take a second to talk about the bonding of the streets and I understand Councilmember Perkins apprehension of voting for it, but really moving forward, I think there is no better time to try to address some of the streets that need to be addressed in the City between bond rates being their lowest in quite a while, fuel rates being as low as they are and asphalt being tied into those costs.  We have some streets that are in need of paving to the point of where if anybody’s driven down State Street, I mean it wouldn’t surprise me if there was somebody standing at the end of State Street with a shock and a muffler, asking if you need one.  It’s not going to get any better if you put it off.  One of the main things driving into our community that you notice is the condition of our streets and I think it’s going to be everybody’s job up here to make sure that the money that we’re bonding doesn’t put a strain on the taxpayers come budget time.  I think we all have our work cut out for us but these are improvements that really need to be done now.  Neal Myers said that quite a few years ago, we used to do 5 miles of streets repaving in the City and we’re down to 1.5 every year. 

 

Council President Zeisz - Actually, last year was 1.2

 

Councilmember Davis – So, the amount of streets that we’ve done through the budget has considerably gone down. Therefore we need to be a little bit more active in moving forward and taking care of the streets because they are a quality of life issue.  Studies do show that whenever streets and sidewalks are done residents take better care of their properties.  It raises the overall assessment and it just gives those residents and our City a better image.  I understand Councilmember Perkins apprehension on voting for it, but I’m saying why I voted for the bond.   The Mayor talked about the work being done at Spaulding, and it’s been said many times and I can’t say it enough, the Steering Committee and myself and the Mayor and quite a number of other people are on, has done a fantastic job of getting us to where we are today.  By the end of the year, pretty much everything above ground will be demolished, taken down.  I don’t think anybody can say that about Bethlehem Steel for the five or six years that we’ve had temporary ownership of the property, or the grain mills, so I think the work being done there is just fantastic and to tell you the truth, it’s probably going to get even busier there because we have Restore work being done currently and then, we could, in conjunction, have environmental restoration project work being done with that and state superfunds.  So we could have three different contractors out there working towards the end of the summer, working on three different areas of that parcel to try and get it back on the tax rolls.  So again, I would just like to applaud the work of everybody that has done something to get that project where it is today.  Last week, the Board of Education ad hoc committee gave a recommendation to go down to a three elementary system here in the City.  Whether you agree with their decision or not, I would just like to applaud the members of that ad hoc committee for taking time out of their busy schedules to meet with the administration.   I believe it was on six different nights to crunch all the numbers that they had made available to them to come out with the best informed decision that they could come out with.  So again, I’d like to take my hat off to them for volunteering for the community.  And lastly, it looks like the weather’s going to be nice Friday, Saturday and maybe Sunday, first taste of summer, so make sure you get out and enjoy it. 

 

Councilmember Kossow – Just to piggyback on Councilmen Davis’ remarks about Spaulding Fibre. Just a few years ago, a number of us were down there seeing the chimney come down and that was like the highlight of the starting of the demolition of that huge structure and the last couple of years.  It’s amazing how much progress has occurred at the site.  Initially we were focusing on unsafe buildings and getting those down first. It’s just something to see at the end of this year to be able to look across from Wheeler over to Hackett and just see straight across, it will be amazing. We were lucky last year to get the Restore NY grant for the $2.5 to get the above ground structures taken down.  Hopefully we’ll continue to get the foundations and sub-flooring concrete all taken care of and hopefully we’ll get that. With regards to the streets, I was in support of the resolution.  As you drive around the streets, there’s a number of streets that are in very high disrepair and we just have to I hate to say this, “bite the bullet”.   We definitely have to address this.   It’s going to be a very busy summer.  A lot of residents are going to be temporarily taken out of their routines, but by the end of the year, we’ll have some nice streets. 

 

Councilmember Perkins – Last Spring I actually approached our Council President about all of our poor streets in the City of Tonawanda.   I asked him if we couldn’t put together some sort of initiative to create a big bond and let’s plow through some of these streets.  Well, something really big happened between last year and this year and it’s called the longest recession since the end of World War II.  What I asked of people on the Council and our Mayor when we got to this resolution, got to this plan, was where in our current budget can we cut to cover this expense?  The $150,000 it’s going to cost to pay this bond back. I’ve gotten, “you might be able to do this, we might be able to do that”, but there was no concrete answer of where we could cut $150,000 out of our current budget to pay for this, so that means it goes right directly on the back of the taxpayer.  I think the taxpayers had a pretty tough 2009 and 2010 isn’t looking too good.  I know our streets are bad and can we last another year?  Maybe next year will be better and I think we’ve sort of been saying that on this Council since I got on the Council   Hopefully next year will be better.  Well this year I just didn’t think was the year to do it.  And I’d like to remind everybody that tomorrow is Earth Day so please keep that in mind. 

 

Councilmember Waterhouse – In this day and age with the economy the way it is, all we hear from government is how they’re going to spend, on the federal level, billions of dollars, your state level, hundreds of millions of dollars and now we go and bond quite a bit of money here. The big difference is, in my opinion, this is something you’re going to see right away in the City to improve the City and you know when the federal government puts out all those billions and billions of dollars, it really hasn’t helped the average person yet.  This is money that we know we’re going to have to cut something so we don’t put $150,000 burden on the taxpayers.   This is money well spent to improve the City and I think that’s so important.  We can’t let our infrastructure go that much longer because it’s going to cost that much more.  Sidewalks, there’s money in there for sidewalks, the streets, and things like we need to get done and that’s why I voted for it.  Thank you.

 

Mayor Pilozzi -  I’d like to echo the comments of many people here to be honest with you, but Councilman Davis mentioned the effort at Spaulding Fibre.  I just jotted down the number of individuals that are on the Steering Committee that meets every other week.  We have representatives from NYSDEC.  We have representation from the ECIDA, from Michele Iannello’s Office, from Robin Schimminger’s Office, Erie County Department of Environment and Planning were there, from our City, besides Councilman Davis and myself, we have our City Engineer there, Sam Iraci our Administrative Assistant, and they have put a lot of time and effort and “blood, sweat and tears”, if you will, to make sure this thing comes off without a hitch.  We also had the good work of our grants writer and hopefully, we’re going to get the grant to finish this project.  It would be a shame to go that far and not do it, or at least have to wait for monies from New York State at some time that nobody can really pin point.  But my thanks go out to everybody involved on that Steering Committee for getting us to this point.  I think it’s been said in different ways by different members of this Council and if I can encapsulate in one word that I think I hear and that’s “challenge”.  I know in my lifetime, I’ve had plenty of challenges and I like challenges.   It gives you the ability to sit down and look at a problem, a brick wall if you will, to find ways to get around it, to go over it, to get under it but I don’t think anybody up here, I don’t care who it is, wants to do anything but what’s best for the City of Tonawanda.  I can remember at General Motors, we had a plant manager that hung his hat on coming up with a budget that nobody could touch.  The problem was everything was falling apart and when the next plant manager came along, it was a real challenge to get things put back on track.  So I think we’re taking a very cautious approach.  I think if you look at the Capital Plan, and if you were sitting here a year ago and looking at the Capital Plan, it took all of about five minutes.  We decided to do it differently.  It was a catalyst for a lot of good discussion.   I think, going forward, especially after this year, because this year we’re going to do it twice, but going forward, if you look at the Capital Plan, it takes five years into account, is there going to be hiccups, sure, is there going to be money available to do some projects, yes.  Is there not going to be money to do some of these projects, possibly, but you’ve got to remember one thing, the Capital Plan is just that, it’s a plan.  You’ve still have to execute that plan and if we need to make adjustments, I’m confident that we can do that and still do it in such a fashion as to represent the taxpayers of this community in a professional and decent manner.  So my thanks go out to everybody.  To meet this challenge, it’s going to take a lot of work and a lot of effort but I think we’re up to it. 

 

Council President Zeisz – I just want to add a couple thoughts on the bond authorization note that was taken out.  To give you and idea of some other things that we’ve got in there, we have $45,000 in for a new pool filter for the City pool.  The filter that’s in the City pool is 33 years old.  The reality is, things get old and we have to meet certain standards to keep that pool open.  Another example, $50,000 for a stump grinder.  It’s replacing a stump grinder that’s 47 years old.  So, it’s not like we’re going out and buying new toys because we’ve got nothing better to do.  I think anybody that drives around the City can see they’re cutting trees down and we have to have some means to get rid of the stumps when we get rid of those trees.  One of arguments is, you know, the economy has not done well, primarily since October of last year and from a personal standpoint, when I look at my own personal situation, maybe I’ve held off making moves that I might have made if things were different, but sitting in this chair, it’s a little bit different.  I’m not deciding for myself, I’m deciding for the whole community. The reality is, we have streets, we have a multitude of other infrastructure issues that have to be addressed and I think that anybody that’s driven down some of the streets that I mention, would agree. The problem that we run into, it’s not that we couldn’t wait, but the problem that keeps happening, I go back to like mid ’95, we bonded about, over a course of time, about $10 million dollars for different infrastructure work.  Well, that was all great and we got a lot of work done and then over a course of time, probably about seven years ago, it started to tail off.  Well instead of doing, for example five streets, we do two and the next year instead of doing five we do two and before you know it, you get down to the end of the road and you’re not three streets behind, but fifteen streets behind and that’s kind of what we’re up against.    If we continue to put this off it is just going to continue to add up.  The prices are going to add up and we are going to have just that much more work to do.  That is why I felt that we couldn’t wait any longer to start to take a more proactive approach to the streets again.  It is a tangible thing.  It is something that everyone can see.  It affects everyone’s life in the City.  I am committed along with the Mayor and the rest of the Common Council to do what we have to do to make cuts in other places.  I can’t guarantee that we can make enough cuts to offset it but we are certainly going to make every effort we can to do that.  I want to thank everyone for coming tonight and everyone please drive home safely.

 

 

 

ADJOURNMENT

 

96.       By Councilmember                                                            seconded by Councilmember

            Resolved, that this Common Council adjourn until May 5, 2009.  

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

 

 

 

 

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