Council Chambers

Tonawanda, New York

July 1, 2008

 

A Regular Meeting of the Common Council

 

Present:  Council President Zeisz

Present Councilmembers:  Perkins, Kossow, Davis

Excused:  Waterhouse

 

Pledge of Allegiance led by Council President Zeisz

 

Prayer led by Council President Zeisz

 

COMMUNICATIONS TO/FROM THE MAYOR

 

A letter to National Grid dated June 17, 2008, enlisting National Grid’s help in correcting a problem in our downtown business district.

 

A letter from Senator Mary Lou Rath dated June 2, 2008, regarding housing grants to assist the homeowners of the City of Tonawanda.

 

A letter from the Department of State, dated June 18, 2008, regarding Community Project Contract #MO51014 for $30,000.00.

 

A letter from the Erie County Department of Probation dated June 18, 2008, thanking him for his willingness to continue to accommodate the Probation Department at City Hall.

 

A letter from FEMA dated June 23, 2008, regarding implementation of floodplain management measures for the City of Tonawanda.

 

A Proclamation naming July 13, 2008, “Eagle Scout Scott Matthew Chown Day”

 

A letter from the Erie Canal Fishing Derby requesting permission to hang a banner on the Long Homestead Bridge and place posters on wooden poles, to promote their fishing derby.

 

A letter to North Tonawanda Mayor Lawrence Soos dated June 27, 2008, regarding MOU For Disasters.

            Ordered filed

 

COMMUNICATION FROM CITY OFFICIALS AND CORRESPONDENCE

 

The following monthly reports were received by the City Clerk:

            June minutes of the Civil Service Commission

June minutes of the Traffic and Safety Advisory Board

                        Referred to the Committee of the Whole

                                    Ordered filed

 

A letter from City Engineer Jason J. LaMonaco dated June 25, 2008, to Wendel Duschscherer, Inc., informing them that they have been selected to do the project entitled “Planning and Design of Revitalization Projects for Gateway Harbor and the Niagara River.”

Referred to the Committee of the Whole

                        Ordered filed

 

COMMENTS BY THE PUBLIC ON RESOLUTIONS

 

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MOTIONS AND RESOLUTIONS

 

147.     By the Council                                                  seconded by the Council

            Be It Resolved, that Chapter 10 of the Code of the City of Tonawanda entitled “ANIMALS”, Article 2.  Dogs, is hereby amended as follows:

 

            That Section 10-39.            Dogs committing nuisance or causing damage to property which reads as follows:

 

            (a) It shall be unlawful for any owner of or any person harboring any dog in the city to permit or allow such dog to cause damage or destruction to property or commit a nuisance upon another person’s property.

 

            (b) It shall be the duty of the owner or harborer of the dog to comply with this section, and the commission of any acts described in this section by the dog will be the responsibility of the owner or harborer of the dog, shall now read as follows:

 

            Section 10-39.     Dogs committing nuisance or causing damage to property.

 

            (a) It shall be unlawful for any owner of or any person harboring any dog in the City to permit or allow such dog to cause damage or destruction to property or commit a nuisance upon another person’s property.

 

            (b) It shall be the responsibility of the owner or harborer of a dog to clean up any feces of such person’s dog and to dispose of said feces properly.

 

            (c) It shall be the duty of the owner or harborer of the dog to comply with this section, and the commission of any acts described in this section by the dog will be the responsibility of the owner or harborer of the dog and 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.

 

Ayes: Perkins, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

148.     By the Council                                                  seconded by the Council

            Be it Resolved, that Chapter 54 of the Code of the City of Tonawanda entitled “Streets, Sidewalks and Other Public Places”, Article 2. Excavations, is hereby amended as follows:

 

            That Section 54-33.  General standards; approval of work, which reads as follows:

 

            All backfilling, street and curb repair, sidewalk repair and grass repair or any other work on city property shall be done in accordance with specifications on file in the city engineering department and shall be approved by the city engineer or a duly designated representative., shall be now read as follows:

 

            Section 54-33.    General standards; approval of work

 

            (a) All backfilling, street and curb repair, sidewalk repair and grass repair or any other work on city property shall be done in accordance with specifications on file in the city engineering department and shall be approved by the city engineer or a duly designated representative.

 

            (b) In the event that any sidewalk owned by the City is repaired by a resident, at the resident’s cost, the permit fee shall be waived.; and 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.

 

Ayes: Perkins, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

149.     By the Council                                                  seconded by the Council

Be It Resolved, that Chapter 46 of the Code of the City of Tonawanda entitled “PEDDLERS AND SOLICITORS”, Article 2. Hawkers, Peddlers and Vendors, Division 2. License, is hereby amended as follows:

 

            That Section 46-41.            Selling or vending. which reads as follows:

 

            No person shall sell, peddle, hawk or vend upon the streets or public places in the city, by going from house to house soliciting purchases or otherwise, unless a license or permit to do so has been previously obtained by such person from the city clerk, which license must be shown to any member of the police force on demand., shall now read as follows:

 

            Section 46-41.              Selling or vending.

 

            (a) No person shall sell, peddle, hawk or vend upon the streets or public places in the city, by going from house to house soliciting purchases or otherwise, unless a license or permit so to do has been previously obtained by such person from the city clerk, which license must be shown to any member of the police force on demand.

 

            (b) If the occupant of any residential dwelling or the operator of any commercial venture shall have posted a notice on their said property advising vendors not to solicit upon those premises, any person who shall enter said property, whether or not licensed pursuant to Section 46-41(a) of this Code, shall be in violation of this ordinance, and 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.

 

Ayes: Perkins, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

150.     By the Council                                                  seconded by the Council

Be It Resolved, that Chapter 14 of the Code of the City of Tonawanda entitled “Buildings and Building Regulations” is hereby amended by adding a new article as follows:

 

ARTICLE 10.        GRAFFITI REMOVAL.

           

            Sec. 14-476.            Duty of property owners or occupants.

 

(a) It shall be the responsibility of the property owner or occupant to notify the City of Tonawanda Police Department immediately upon discovery of any graffiti on the property.

 

(b) It shall be the responsibility of the owner or occupant to restore any surface marred by graffiti to a clean state of maintenance and repair within 60 days.

 

 

 

Sec. 14-477.            Non-compliance.

 

            (a) It shall be the duty of the Building Inspector to enforce the provisions of this article.  Accordingly, if the graffiti is not addressed and the property not restored within 60 days, the Building Inspector may order the removal of the graffiti.  The Building Inspector shall notify the owner of the property as listed on the current assessment rolls of the City of Tonawanda of the violation.  Such notice shall give the owner 10 days to comply with this article.  Such notice shall be mailed by first class mail to the owner’s last known address or the notice may be personally served upon the owner by delivering the notice to the owner or by delivering the notice to a person of suitable age and discretion at the owner’s residence or place of business.

            (b) After 10 days from service of the notice, if the property shows no sign of restoration, the Building Inspector shall engage the services of a private contractor to perform the necessary work.  The actual cost of such restoration, plus a fee for inspection and other additional costs in connection therewith in the amount established in section 30-130 of this Code, shall be certified by the Building Inspector to the City Treasurer and shall thereupon become and be a lien upon the property on which the graffiti was located and shall be added to and become and form part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced by the same officer and in the same manner as taxes.

 

Sec. 14-478.  Penalty.

 

Any violation of this article is punishable as provided in Section 1-7 of the City Code and be it further

            Resolved, that the above amendment shall take effect upon publication in an official newspaper of the City of Tonawanda.

 

Ayes: Perkins, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

151.     By the Council                                                  seconded by the Council

            Be It Resolved, that Chapter 30 “Fees”, Article 5 “Buildings and Building Regulations” of the Code of the City of Tonawanda is hereby amended to add a new Section as follows:

 

            Sec. 30-130.     Graffiti Inspections.

 

            The fee required by Section 14-477 for an inspection regarding graffiti is $100.00, and 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.

 

Ayes: Perkins, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

152.     By the Council                                                              seconded by the Council

            Resolved, that Chapter 30 “Fees”, Article 18 of the Code of the City of Tonawanda entitled “Vegetation” is hereby amended as follows:

 

            That Section 30-511.  Removal of noxious vegetation by City, which reads as follows:

 

            The fee required by Section 70-35 for inspection and other additional costs is $25.00, shall now read as follows:

           

            Section 30-511.  Removal of noxious vegetation by City.

 

            The fee required by Section 70-35 for inspection and other additional costs is $100.00, and 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.

           

Ayes: Perkins, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

153.     By the Council                                                              seconded by the Council

            Whereas, Local Law No. 1 for the year 2008 for the City of Tonawanda, entitled:

 

            A Local Law to amend Article V.  Finance, Division 2.  Budgets and Capital

            Improvements Program, Section 5.022 entitled “Common Council action on

Budgets”, subdivision  (c) of the Charter of the City of Tonawanda which provides for the adoption of the budget by the second regularly scheduled meeting in September of the fiscal year currently ending.

 

Was unanimously introduced by the Common Council on June 17, 2008, and laid upon each Councilmember’s desk for seven days, excluding Sunday; and

            Whereas, proposed Local Law No. 1 for the year 2008 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 2008, attached hereto and made a part hereof.

 

Ayes: Perkins, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

154.     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 hold a Public Hearing, pursuant to legal publication, regarding Local Law No. 1 for the year 2008, entitled:

 

            A Local Law to amend Article V.  Finance, Division 2, Budgets

            and Capital Improvements Program, Section 5.022 entitled “Common

            Council action on budgets”, subdivision (c) of the Charter of the

            City of Tonawanda which provides for the adoption of the budget

            by the second regularly scheduled meeting in September of the fiscal

            year currently ending.

 

And, be it further

            Resolved, that this Public Hearing shall be held on Tuesday, July 22, 2008, at 7:00 P.M. in City Hall Common Council Chambers, 200 Niagara Street, Tonawanda, New York.

 

Ayes: Perkins, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

155.     By the Council                                                              seconded by the Council

            Whereas, Local Law No. 2 for the year 2008 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 April of the current fiscal year.

Was unanimously introduced by the Common Council on June 17, 2008, and laid upon each Councilmember’s desk for seven days, excluding Sunday; and

            Whereas, proposed Local Law No. 2 for the year 2008 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 2008, attached hereto and made a part hereof.

 

Ayes: Perkins, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

156.     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 2008, entitled:

 

            A Local Law to amend Article V.  Finance, Division 2, Budgets and Capital

            Improvements Program, Section 5.023 Capital Program, 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 April

 

And, be it further

            Resolved, that this Public Hearing shall be held on Tuesday, July 22, 2008, at 7:00 P.M. in City Hall Common Council Chambers, 200 Niagara Street, Tonawanda, New York.

                       

Ayes: Perkins, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

157.     By the Council                                                              seconded by the Council

“Resolved, that the portion of Young Street between Main and Delaware Streets, be closed from approximately 9:30am through 11:00pm for the purpose of the Friday Night Concert Series on 6/20, 6/27, 7/3 & 7/4, 7/25, 8/1, 8/8, 8/15, and 8/22/08 and further be it

Resolved, that the same portion of Young Street be closed for the purpose of the Saturday Night concerts that will be held on 6/21, 6/28, 7/5, 7/26, 8/2, 8/9, 8/23 and 8/30/08 and further be it

Resolved, that Main Street, between Adam and Young Streets, be closed from approximately 12:00noon until about 5:30pm for the purpose of “Music on Main Street” on Sunday afternoons on 6/22, 7/6, 7/27, 8/10 and 8/17/08.” 

           

Ayes: Perkins, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

158.     By the Council                                                  seconded by the Council

            Resolved, that the Common Council authorize and direct Mayor Ronald J. Pilozzi to sign the contract signature pages needed to complete an application contract for a Legislative Member Item Initiation Project Grant sponsored through Senator Thompson’s Office, intended to provide $3,500.00 in funding for Capital Improvements in the Fire Department.

           

Ayes: Perkins, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

 

 

 

 

159.     By the Council                                                              seconded by the Council

            Resolved, at the recommendation of the City Engineer Jason J. LaMonaco, P.E., that award of the contract for Water Treatment Plant Phase II, Asbestos, and Lead Survey be made to LiRo Engineers, Inc., at a cost not to exceed $38,845.00.

 

Ayes: Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

160.     By the Council                                                              seconded by the Council

            Whereas, the cost of liability insurance for the Volunteer Companies has risen considerably over the past years, and

Whereas, the Common Council had discussed increasing their annual amount to help cover that cost, but it was overlooked when the budget was adopted, now therefore be it

Resolved, the City will pay the four Volunteer Companies an additional $600 in city funding for services provided, and be it further

Resolved, the $600.00 is to be used by the four volunteer companies for the sole purpose of purchasing insurance coverage for special events and liquor legal liability in the amounts of $1,000,000.00 and be it further

Resolved, that said insurance policies shall name the City as “Additional Insured”, and be it further

Resolved, that the four volunteer companies shall each provide the City with a copy of the certificates of insurance on an annual basis.

 

Ayes: Perkins, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

161.     By Council President Zeisz                                     seconded by Councilmember Davis

            Resolved, that in recognition and compliance with the “New York State Open Meetings Law”, this Common Council will meet in Executive Session in the Common Council Chambers for the purpose of pending exempt City business, and further be it

            Resolved, that upon conclusion of the above stated business matters, the meeting shall again be open to the general public.  The reason for the Executive Session is to discuss personnel of a particular person.

 

Ayes: Perkins, Kossow, Davis, Zeisz

Nays: None

Resolution declared adopted

 

COMMENTS FROM THE PUBLIC AFTER RESOLUTIONS

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COMMENTS FROM THE COUNCILMEMBERS AFTER RESOLUTIONS

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ADJOURNMENT

 

162.     By Councilmember Kossow                                               seconded by Councilmember Perkins

            Resolved, that this Common Council adjourn until July 22, 2008.  

 

Ayes: Perkins, Kossow, Davis, Zeisz

Nays: None

 

 

 

 

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