Council Chambers

Tonawanda, New York

April 7, 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

 

COMMUNICATIONS FROM THE MAYOR

 

Mayor’s recommended 2009 – 2013 Capital Budget was presented to the Common Council.

 

A letter from Time Warner Cable dated April 1, 2009, keeping the City apprised of developments affecting Time Warner Cable subscribers in the City.

 

A letter from Maria R. Whyte, County Legislator 6th District, dated March 27, 2009, regarding the Strategic Development Act and the establishment of an Erie County Planning Board.

 

A letter from Senator Antoine M. Thompson dated March 26, 2009, to Governor Paterson, regarding County Executive Collins decision to withdraw from the WIC program behind closed doors without the benefit of the Legislature, WIC employees or public consultation.

 

A memo from Thomas J. Dearing, Community Planning Coordinator for the Department of Environment and Planning, dated March 27, 2009, regarding the stimulus funding.

 

A letter to Erie County Clerk Kathleen Hochul, dated March 26, 2009, regarding the DMV satellite location at City Hall.

 

A letter from the NYSDEC dated March 24, 2009, regarding the Common Terns that nest on the Tonawanda Water Intake.

 

A letter to the Superintendent of the Tonawanda School District and the member of the School Board dated April 6, 2009, regarding the Shared Municipal Incentive Grant between the City of Tonawanda and the City of Tonawanda School District.

 

A letter to Robert Derner, 286 Niagara Shore Drive, dated April 4, 2009, regarding the City of Tonawanda Internet Policy.

 

A letter from Assemblyman Robin Schimminger, dated April 1, 2009, letting the Mayor know that the State budget is providing $15,000 to assist the City with cleaning the Millstream Village drainage ditch.

 

A memo sent to the Common Council, dated April 6, 2009, regarding a packet the Mayor’s Office sent to all the Main Street merchants regarding the Erie County Consortium Commercial Center Improvement Program.

 

A memo sent to the Common Council, dated April 6, 2009, regarding a packet of information from Region 9 of the NYS DEC regarding a new program called “Climate Smart Communities”.

            Ordered filed

 

  

COMMUNICATION FROM CITY OFFICIALS AND CORRESPONDENCE

 

The following monthly reports were received by the City Clerk:

February minutes of the Planning and Zoning Board

March minutes of the Board of Appeals

March monthly report of the Building Inspector         

March monthly report of the City Clerk

            March minutes of the Civil Service Commission     

March minutes of the Traffic and Safety Advisory Board

            General Fund Budget Expenditures and Revenues and Sewer Fund Budget

                        Expenditures for the City of Tonawanda through 3/31/09

                 Referred to the Committee of the Whole

                        Ordered filed

 

A letter from the Director Beverly Federspiel of the City of Tonawanda Public Library, dated April 1, 2009, letting them know about a “Speaker in the Humanities” event that will be taking place in the Library on Wednesday, April 29th at 6:30 P.M., titled Songs and Stories of the Eire Canal.

            Referred to the Committee of the Whole

 

A letter from the First Presbyterian Church dated March 31, 2009, regarding a tree at the northwest corner of their parking lot at 149 Broad Street.

            Referred to the Committee of the Whole

                Ordered filed

           

MOTIONS AND RESOLUTIONS

 

60.       By the Council                                                              seconded by the Council

                         Resolved, that the 2009 General Fund budget be amended to account for revenues and expenditures associated with the NYS Governor’s Traffic Safety Committee SMART Grant in the amount of $10,920.00 for the purchase of a Police Speed Monitoring awareness Radar Trailer.

 

            Revenue  A3390 Police Equipment Reimbursement             + $10,920

            Expense  001-3120-0202 Police Equipment                                + $10,920

 

                                                            Net Budget Impact:                    -0-                       

                                                                       

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

61.       By the Council                                                              seconded by the Council

                        Resolved, that the Common Council authorize and direct Mayor Ronald J. Pilozzi to submit a grant application and enter into agreement with the New York State Environmental Facilities Corporation for 2009, through the Clean Vessel Assistance Operation and Maintenance Grant Program for the City’s Pump Out Facility in Gateway Harbor in an amount not to exceed $2000.00.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

62.       By Council President Zeisz                         seconded by Councilmember Waterhouse

            Resolved, that the reading of resolutions 3, 4, 5, 6 and 9, 10, and 11 be waived. 

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

 

 

63.       By the Council                                                              seconded by the Council

            Whereas, Local Law No. 1 for the year 2009 for the City of Tonawanda, entitled:

 

            “A Local Law 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 to the Common Council a five-year capital program, or revision or extension thereof, on or before the first regularly scheduled meeting in August of the current fiscal year.  The first such program shall be submitted by the first regularly scheduled meeting in August, 2009.”

Was unanimously introduced by the Common Council on March 17, 2009, and laid upon each Councilmember’s desk for seven days, excluding Sunday; and

            Whereas, proposed Local law No. 1 for the year 2009 has been reviewed and deliberated upon by the Common Council, now, therefore be it

            Resolved, that the Common Council hereby approves and enacts Local Law No. 1 for the year 2009, which is on file in the office of the City Clerk.

             

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

64.       By the Council                                                              seconded by the Council

            Be it Resolved, that City of Tonawanda Mayor Ronald J. Pilozzi be authorized and directed to advertise and to hold a Public Hearing, pursuant to legal publication, regarding Local Law No. 1 for the year 2009, entitled:

 

            “A Local Law 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 to the Common Council a five-year capital program, or revision or extension thereof, on or before the first regularly scheduled meeting in August of the current fiscal year.  The first such program shall be submitted by the first regularly scheduled meeting in August, 2009.”

 

and be it further

            Resolved, that this Public Hearing shall be held on Tuesday, April 21, 2009, at 7:00 P.M. in the City Hall Common Council Chambers, 200 Niagara Street, Tonawanda, New York.

               

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

65.       By the Council                                                              seconded by the Council

            Whereas, Local Law No. 2 for the year 2009 for the City of Tonawanda, entitled:

 

            “A Local Law 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 unanimously introduced by the Common Council on March 17, 2009, and laid upon each Councilmember’s desk for seven days, excluding Sunday; and

            Whereas, proposed Local Law No. 2 for the year 2009 has been reviewed and deliberated upon by the Common Council; now, therefore be it

            Resolved, that the Common Council hereby approves and enacts Local Law No. 2 for the year 2009, which is on file in the office of the City Clerk.

             

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

66.       By the Council                                                              seconded by the Council

            Be it Resolved, that City of Tonawanda Mayor Ronald J. Pilozzi be authorized and directed to advertise and to hold a Public Hearing, pursuant to legal publication, regarding Local Law No. 2 for the year 2009, entitled:

 

            “A Local Law 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.”

 

and  be it further

            Resolved, that this Public Hearing shall be held on Tuesday, April 21, 2009, at 7:00 P.M. in the City Hall Common Council Chambers, 200 Niagara Street, Tonawanda, New York.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

67.       By the Council                                                              seconded by the Council

             Whereas, a $25.00 Special Events application fee and application were received by the City Clerk for “Walk for Life”, 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 Son Rays Ministries to hold their annual “Walk for Life” on Saturday, June 13, 2009, from 7:30 A.M. until Noon, 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 June 1, 2009.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

68.       By the Council                                                              seconded by the Council

            Whereas, a $25.00 Special Events application fee and application was received by the City Clerk from Partners in Art II 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 Partners in Art II to hold their annual “Art on the Riverwalk” on Sunday, July 12, 2009, from 10:00 A.M. until 6:00 P.M. 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 July 1, 2009.

               

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

69.       By the Council                                                              seconded by the Council

            Whereas, former City of Tonawanda employees who retired prior to May 6, 1997 are provided medical insurance benefits as required under a Stipulation of Settlement Agreement dated September 14, 1998, including spouses of those eligible former employees; and

`Whereas, the organization representing these retirees and spouses in obtaining the September 14, 1998 Stipulation of Settlement Agreement is named the Tonawanda Retired Employees and Spouses (TRE&S), and

Whereas, the city and TRE&S have discussed cooperating in developing terms of a service agreement between both parties, that would have TRE&S provide, explain and assist in TRE&S members voluntarily change from the Traditional Blue Cross/Blue Shield 901 medical insurance plan to the Blue Cross/ Blue Shield 799 PPO Out-of-Area plan, and

Whereas, should TRE&S members decide to voluntarily change medical insurance plans, from the Traditional 901 plan to the 799 PPO plan, the city will realize reduced medical insurance premiums of approximately $10,540 per year per single policy changed and $23,555 per year per family policy changed, and in return for the service provided by TRE&S for assisting in making these changes and for TRE&S members agreeing to voluntarily making these changes, and under the terms tentatively agreed to between TRE&S and the City under a draft service agreement which is on file in the office of the City Clerk, now, therefore be it

Resolved, the City of Tonawanda Common Council authorizes the Mayor, President of the Common Council and City Treasurer to sign and execute any and all letters and service agreements necessary to implement the service agreement between the city and TRE&S that will reduce medical insurance premiums for the city and compensate TRE&S and its members for assisting in making those savings possible.

                                                                       

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

70.       By the Council                                                              seconded by the Council

 

A RESOLUTION AUTHORIZING THE ISSUANCE OF REFUNDING BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,100,000 OF THE CITY OF TONAWANDA, ERIE COUNTY, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW AND PROVIDING FOR OTHER MATTERS IN RELATION THERETO.

 

WHEREAS, the City of Tonawanda, Erie County, New York (the “City”) heretofore issued its $8,895,000 original aggregate principal amount serial bonds, consisting of Various Purposes Serial Bonds, 1994 in the original aggregate principal amount of $630,000 (the “1994 Bonds”), Public Improvement Serial Bonds, 1997 in the original aggregate principal amount of $2,114,000 (the “1997 Bonds”), Various Purpose Serial Bonds, 1998 in the original aggregate principal amount of $3,100,000 (the “1998 Bonds”) and Various Purposes Serial Bonds, 1999 in the original aggregate principal amount of $3,051,600 (the “1999 Bonds” and collectively with the 1994, 1997 and 1998 bonds, the “Prior Bonds”) to finance various capital improvements, as described in Exhibit A attached hereto and made a part hereof;

 

WHEREAS, the Prior Bonds were dated April 15, 1994, April 15, 1997, April 15, 1998 and May 15, 1999, respectively, and mature in the amounts and on the dates set forth in Exhibit B attached hereto and made a part thereof;

WHEREAS, the City desires to refund all or a portion of the Prior Bonds by issuing certain refunding bonds and selling such bonds pursuant to a private sale to Roosevelt & Cross, Incorporated (the “Underwriter”);

 

WHEREAS, it would be in the public interest to refund all or a portion of the Prior Bonds by the issuance of refunding bonds pursuant to Section 90.10 of the Local Finance Law; and

WHEREAS, such refunding will result in present value savings in debt service as required by Section 90.10 of the Local Finance Law;

 

BE IT RESOLVED, by the Common Council of the City as follows:

 

SECTION 1.  For the object or purpose of refunding all or a portion of the outstanding principal balance of the Prior Bonds, including providing moneys which, together with the interest earned from the investment of certain of the proceeds of the refunding bonds herein authorized, shall be sufficient to pay (A) the principal amount of the Prior Bonds, (B) the aggregate amount of unmatured interest payable on the Prior Bonds to and including the date on which the Prior Bonds mature or are redeemed in accordance with the refunding financial plan, as hereinafter defined, (C) redemption premiums, if any, payable on the Prior Bonds as of such redemption date or dates, (D) the costs and expenses incidental to the issuance of the refunding bonds herein authorized, including, but not limited to, the development of the refunding financial plan, as hereinafter defined, the fees and costs of the financial advisor to the City (the “Financial Advisor”), the fees and costs of the bond counsel to the City (the “Bond Counsel”), the costs and expenses of executing and performing the terms and conditions of the escrow contract, as hereinafter defined, and the fees and charges of the escrow holder, as hereinafter described, and (E) the premium or premiums for the policy or policies of municipal bond insurance or other form of credit enhancement facility or facilities for the refunding bonds herein authorized, or any portion thereof, there are hereby authorized to be issued the Refunding Serial Bonds, 2009 of the City in an aggregate principal amount not to exceed $3,100,000 pursuant to the provisions of Section 90.10 of the Local Finance Law (the “Refunding Bonds”), it being anticipated that the principal amount of Refunding Bonds actually to be issued will be approximately $3,065,000 as described in Section 5 hereof.  The Refunding Bonds shall be dated such date as shall hereafter be determined by the City Treasurer pursuant to Section 5 hereof, shall be of the denomination of $5,000 or any integral multiple thereof not exceeding the principal amount of each respective maturity and shall mature annually and shall bear interest semi-annually thereafter on such dates as shall be determined by the City Treasurer pursuant to Section 5 hereof, at the rate or rates of interest per annum as may be necessary to sell the same, all as shall be determined by the City Treasurer.

 

SECTION 2.  The City Treasurer is hereby delegated all powers of this Common Council with respect to agreements for credit enhancement, derived from and pursuant to Section 168.00 of the Local Finance Law, for said Refunding Bonds, including, but not limited to the determination of the provider of such credit enhancement facility or facilities and the terms and contents of any agreement or agreements related thereto.

 

SECTION 3.  The Refunding Bonds shall be executed in the name of the City by the manual or facsimile signature of the City Treasurer, and a facsimile of its corporate seal shall be imprinted thereon and attested by the City Clerk.  The Refunding Bonds shall contain the recital required by Section 90.10(j)(4) of the Local Finance Law and the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals, as the City Treasurer shall determine.

 

            SECTION 4.  It is hereby determined that:

 

(A)            The maximum amount of the Refunding Bonds authorized to be issued pursuant to this resolution does not exceed the limitation imposed by Section 90.10(b)(1) of the Local Finance Law;

 

(B)            The maximum period of probable usefulness permitted by law at the time of the issuance of the Prior Bonds for each of the objects or purposes for which the Prior Bonds were issued is as shown upon Exhibit A;

 

(C)            The last installment of the Refunding Bonds will mature not later than the expiration of the maximum period of probable usefulness of each of the objects or purposes for which the Prior Bonds were issued, or in the alternative, the weighted average remaining period of probable usefulness of the objects or purposes (or classes of objects or purposes) financed with each series of the Prior Bonds or the weighted average remaining period of probable usefulness of all objects or purposes (or classes of objects or purposes) financed with all the Prior Bonds, in accordance with the provisions of Section 90.10(c)(1) of the Local Finance Law; and

 

(D)            The estimated present value of the total debt service savings anticipated as a result of the issuance of the Refunding Bonds, computed in accordance with the provisions of Section 90.10(b)(2)(c) of the Local Finance Law, is as shown in the Refunding Financial Plan described in Section 5 hereof.

 

SECTION 5.  The financial plan for the refunding authorized by this resolution (the “Refunding Financial Plan”), showing the sources and amounts of all moneys required to accomplish such refunding, the estimated present value of the total debt service savings and the basis for the computation of the aforesaid estimated present value of total debt service savings, are set forth in Exhibit C attached hereto and made a part of this resolution. The Refunding Financial Plan has been prepared based upon the assumption that the Refunding Bonds will be issued in the aggregate principal amount of $3,065,000 and that the Refunding Bonds will mature, be of such terms, and bear interest as set forth in Exhibit C.  This Common Council recognizes that the amount of the Refunding Bonds, and the maturities, terms, and interest rate and rates borne by the Refunding Bonds to be issued by the City will most probably be different from such assumptions and that the Refunding Financial Plan will also most probably be different from that attached hereto as Exhibit C.  The City Treasurer is hereby authorized and directed to determine the amount of the Prior Bonds to be refunded, the redemption of the Prior Bonds, including the date and amount of such redemption or redemptions and authorizing and directing the Escrow Holder described in Section 6 to cause notice of such redemption, the amount of the Refunding Bonds to be issued, the date of such bonds and the date of issue, maturities and terms thereof, the provisions relating to any redemption of the Refunding Bonds prior to maturity, whether the Refunding Bonds will be insured by a policy or policies of municipal bond insurance or otherwise enhanced by a credit enhancement facility or facilities, the terms of the private sale of the Refunding Bonds, including the form, terms and conditions of the Notice of Sale providing for the sale of the Refunding Bonds, the amount of the annual installments of the Refunding Bonds to be paid pursuant to Section 90.10(c)(3) of the Local Finance Law, whether the Refunding Bonds shall be sold at a discount in the manner authorized by Section 57.00(e) of the Local Finance Law, and the rate or rates of interest to be borne thereby, to prepare, or cause to be prepared, a final Refunding Financial Plan for the Refunding Bonds, whether the Refunding Bonds are to sold in conjunction with or consolidated with the issuance of certain other refunding bonds to be issued by the City to refund any other general obligation serial bonds issued by the City (including, but not limited to, the structuring of the annual installments of the consolidated issue) and all powers in connection therewith are hereby delegated to the City Treasurer; provided, that the terms of the Refunding Bonds to be issued, including the rate or rates of interest borne thereby, shall comply with the requirements of Section 90.10 of the Local Finance Law.  The City Treasurer shall file a copy of his certificate determining the details of the Refunding Bonds and the final Refunding Financial Plan with the City Clerk not later than ten (10) days after the delivery of the Refunding Bonds, as herein provided.

 

SECTION 6.  The City Treasurer is hereby authorized and directed to enter into an escrow contract (the “Escrow Contract”) with a bank or trust company located and authorized to do business in this State as he shall designate (the “Escrow Holder”) for the purpose of having the Escrow Holder act, in connection with the Prior Bonds, as the escrow holder to perform the services described in Section 90.10 of the Local Finance Law.

 

SECTION 7.  The faith and credit of said City are hereby irrevocably pledged for the payment of the principal of and interest on the Refunding 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 8.  All of the proceeds from the sale of the Refunding Bonds, including the premium, if any, but excluding accrued interest thereon, shall immediately upon receipt thereof be placed in escrow with the Escrow Holder for the Prior Bonds.  Accrued interest, if any, on the Refunding Bonds shall be paid to the City to be expended to pay interest on the Refunding Bonds on the next bond payment date of such Refunding Bonds.  Such proceeds as are deposited in the escrow deposit fund to be created and established pursuant to the Escrow Contract, whether in the form of cash or investments, or both, inclusive of any interest earned from the investment thereof, shall be irrevocably committed and pledged to the payment of the principal of and interest on the Prior Bonds in accordance with Section 90.10 of the Local Finance Law, and the holders, from time to time, of the Prior Bonds shall have a lien upon such moneys held by the Escrow Holder.  Such pledge and lien shall become valid and binding upon the issuance of the Refunding Bonds and the moneys and investments held by the Escrow Holder for the Prior Bonds in the escrow deposit fund shall immediately be subject thereto without any further act.  Such pledge and lien shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the City irrespective of whether such parties have notice thereof.

 

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 Refunding Bonds 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, if applicable, to designate the Refunding Bonds authorized by this resolution as “qualified tax-exempt bonds” in accordance with Section 265 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 authorized by this resolution, if required, 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 hereby determines that the issuance of the Refunding Bonds is an action that will not have a significant effect on the environment and, therefore, no other determination or procedures under the State Environmental Quality Review Act (“SEQR”) is required.

 

SECTION 12.            In accordance with the provisions of Section 53.00 and Section 90.10(h) of the Local Finance Law, subject to the determination by the City Treasurer regarding the redemption of the Prior Bonds described in Section 5 above, the City hereby elects to redeem the Prior Bonds with the proceeds of the Refunding Bonds prior to their stated maturity dates on the date or dates provided in the Refunding Financial Plan.  The sum to be paid therefore on such redemption date or dates shall be the par value thereof plus the redemption premium, if any, and the accrued interest to such redemption date or dates.  The Escrow Holder is hereby authorized and directed to cause notice of such call for redemption to be given in the name of the City in the manner and within the times provided in the Refunding Financial Plan.  Upon the issuance of the Refunding Bonds, the election to call in and redeem the callable Prior Bonds and the direction to cause notice thereof to be given as provided in this section shall become irrevocable, provided that this section may be amended from time to time as may be necessary in order to comply with the publication requirements of Section 53.00(a) of the Local Finance Law, or any successor law thereto.

 

SECTION 13.            Subject to compliance with the provisions of Section 90.10(f)(2) of the Local Finance Law, the Refunding Bonds shall be sold at private sale to the Underwriter and the City Treasurer is hereby authorized to negotiate for such private sale.  Subject to the approval of the terms and conditions of such sale by the State Comptroller as required by Section 90.10(f)(2) of the Local Finance Law, the City Treasurer is hereby authorized to execute and deliver a bond purchase agreement with the Underwriter for the Refunding Bonds in the name and on behalf of the City providing the terms and conditions for the sale and delivery of the Refunding Bonds to the Underwriter.  After the Refunding Bonds have been duly executed, they shall be delivered by the City Treasurer in accordance with said bond purchase agreement upon the receipt by the City of said purchase price, including interest.

 

SECTION 14.  The City Treasurer and the City Clerk and all other officers, employees and agents of the City are hereby authorized and directed for and on behalf of the City to execute and deliver all certificates and other documents, perform all acts and do all things required or contemplated to be executed, performed or done by this resolution or any document or agreement approved hereby, including, but not limited to, the bond purchase agreement.

 

SECTION 15.  All other matters pertaining to the terms and issuance of the Refunding Bonds shall be determined by the City Treasurer and all powers in connection therewith are hereby delegated to the City Treasurer.

 

SECTION 16.            The validity of the Refunding 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 17.            The City Clerk is hereby authorized 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 the official newspaper(s) of the City for such publications.

 

SECTION 18.            This resolution shall take effect immediately upon its adoption.

                                                                       

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

71.       By the Council                                                              seconded by the Council

Whereas, the Bureau of Justice Assistance is offering a Justice Assistance Stimulus Funding grant program based on violent crime statistics and compliance regarding submission of UCR crime data, and is offering grant monies to a disparate group in Erie County consisting of Erie County, City of Buffalo, Village of Depew, Village of Kenmore, City of Lackawanna, City of Tonawanda, Town of Amherst, Town of Cheektowaga, Town of Evans, Town of Orchard Park, Town of Tonawanda and Town of West Seneca; and

Whereas, the City of Tonawanda will receive approximately $20,526.00 to purchase and train with patrol rifles and update and enhance station security cameras; and

Whereas, no matching funds are required for the purpose of securing these grand funds; and

Whereas the City of Buffalo will serve as the lead agency for the purpose of securing and administering these grant funds; NOW, THEREFORE BE IT

RESOLVED, Mayor Ronald J. Pilozzi is hereby authorized and directed to execute all documents pertaining to the application and acquisition of said funding including a Memorandum of Understanding with the other municipal partners in this collaborative effort.

                                                               

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

COMMENTS FROM THE PUBLIC AFTER RESOLUTIONS

 

Ed Gebera, 157 Brookside Terrace W. – Thank you for abbreviating the agenda.  Thank you very much.  You saved a lot of us by not wasting time. 

 

Mat Kyler, 246 Delaware Street, Captain, National Hose - Just had a quick question.  Back in January, Mr. Goodman from the Niagara Hose questioned you folks regarding restructuring and funding and I just was wondering if you had an opportunity to look at increasing our funding for this upcoming budget or haven’t you had an opportunity to look at it yet. 

 

Council President Zeisz – Well, the last discussion we had, the funding would still go out, evenly distributed amongst the companies.  Now last year there was an increase in funding and that’s a discussion I’m going to have with the Chief tonight as far as this year, but the funding will be evenly distributed. 

 

Mat Kyler – But will there be an increase this year or is that to be determined yet?   

 

Council President Zeisz – Well, it’s going to be based on the conversations that we have with the volunteers, specifically that last meeting and like I said, that’s the conversation we’re going to have with the Fire Chief tonight.  The goal is to have the companies be insured as one and that’s the goal that we’re striving to get to.  Now, whether or not that takes place, that’s another story, but it doesn’t have anything to do with having four companies.  It’s just for insurance purposes that you’re one company as far as the active volunteer firefighters. 

 

COMMENTS FROM THE COUNCILMEMBERS AFTER RESOLUTIONS

 

Councilmember Davis – Two weekends ago, myself and the Mayor were at the grand opening of the new pediatrician office in the Hinds Street plaza.  I’d like to thank Mr. and Mrs. Dagher for not only investing in our community but for providing a service to our community that we initially didn’t have until they opened up the pediatrician’s office and I’d like to wish them the best of luck on moving forward.  I attended the Community Fair this weekend with my family.  There seemed to be, not only a lot of vendors, but a lot of people there.  I’d like to thank everybody that, not only put the event on, but also the vendors there that were on display.  Lastly, I think, in general, that the jabs between everybody involved in this whole school closing and school reconfiguration needs to stop.  Moving forward, I think the best thing we can do, whether you agree with the decision or not, is to put your faith behind this ad-hoc parent committee that has been instilled by the Board of Education and make sure that they have all the information that they have to make a very important decision in our kids lives, in a very short amount of time.  So again, if you know anybody that’s on this committee, make sure you give any comments, questions, or concerns to those individuals so they can be considered before they make their decision. 

Councilmember Kossow – First of all, I know we saved the Clerk a lot of reading of the resolutions, but just to let everybody know, resolution #10, on restructuring of the bonds, my hat goes out to Joe and everyone involved.  I mean, just by restructuring the bonds, we’re able to save about $75,000 and when you’re watching your pennies, $75,000 is a good chunk of change, so thanks to everyone involved for putting this together and restructuring of those bonds.  As Mr. Davis indicated, the Community Fair, I think a lot of us were there on Saturday, it was a great event, a lot of kids out there, and volunteers, and the Explorer group was out there.  It was a nice event for the whole community. The weather wasn’t that great so a lot of people stayed home.  With that, we also had a busy weekend.  We had the Easter Egg Hunt so I just want to say our thanks to Linda and people in the Rec. Department for putting on that event.  There were a lot of happy kids there for that Easter Egg Hunt. 

 

Councilmember Perkins – I have nothing else this evening.  Thank you.

 

Councilmember Waterhouse – Nothing at this time, Mr. President, thank you. 

 

Mayor Pilozzi – It’s already been mentioned and I’ll just second the motion, the Community Fair was a great event, I think the parents and kids had a great time, they had a ton of tables set up and just a great, great family event.  Councilman Davis mentioned Dr. Dagher.  She is a pediatrician and if anybody has a baby out there or knows of a youngster, I’m not sure, did she mention what age she goes up to?  But, she is a pediatrician that we haven’t seen in this City for a long, long time. So if there’s some way, shape or form you would want to use her services, it would be appreciated because she has put her faith and trust in our City.  Also, something was mentioned earlier with the restructure of the bonds by Councilmember Kossow.  We worked pretty diligently, actually we started working on that project a year ago and October 1st was our date and everybody can recall what happened on October 1st, that was kind of like the start of the end, it was the demise of our banking system.  At that time, it was going to be about $90,000 but we still got $75,000 out of it and that’s a savings to the taxpayers of the City of Tonawanda which is important in going forward.  Lastly, I just want to give my personal thanks to Sam Iraci, Joe Hogenkamp, and our City Engineer, and all Department Heads, for helping to put together what I think is a very comprehensive Capital Plan.  If you haven’t gotten one already, it’s sitting out there on the table.  It’s our best effort of addressing the situation that really wasn’t good.  You should not do the Capital Plan months ahead of the General Fund Budget and the two never met, so to speak.  So this year, we’re going to do it twice, but after this year, it’s going to be a one time effort and we’re going to have a “marriage” if you will, between the Capital Plan and the General Fund Budget and I think that’s a good way to do business, and the people I mentioned again, especially Joe Hogenkamp, Sam Iraci and our City Engineer, we sat for many hours putting this thing together.  I think you’ll agree when you read it, there’s a lot of verbiage, introducing some of the finer points, so again, my thanks to those individuals for a job well done. 

 

Council President Zeisz - I have nothing further, I thank you for taking the time to come out tonight.  Have a great night.  

 

ADJOURNMENT

 

72.       By Councilmember Perkins                         seconded by Councilmember Kossow

            Resolved, that this Common Council adjourn until April 21, 2009.  

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

 

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