Council Chambers

Tonawanda, New York

April 20, 2010

 

A Regular Meeting of the Common Council

 

Present:  Council President Zeisz

Present Councilmembers:  Gilbert, Boyle, Slisz, Poole

 

Pledge of Allegiance led by Council President Zeisz

 

Prayer led by Council President Zeisz

 

PUBLIC HEARING

ONE-WAY TO TWO-WAY TRAFFIC

ALL OF ADAM AND MORGAN STREETS

 

Council President Zeisz – One thing I would like to start off by saying right off the bat, and it doesn’t mean that you can’t comment and express your opinions once we start, Adam Street is going to stay one-way, it’s not going to happen.  In the discussion that has taken place between the Councilmembers the determination was made that Adam Street would remain one-way in the areas that are so designated at this point.  But like I said I am more than willing to take comments if somebody would like to make comments on Adam Street, but it is not going to change.  All I ask from everyone, if you would like to make a comment on Morgan Street I would ask that you come to the mic, state your name and address and then we will take it from there.  It just makes it a lot easier if people are actually coming up and not just throwing things out because number one we will not get it on the record and I would like to get everyone’s comments on the record. 

 

Robin Harkey, 505 Adam Street – The only thing I want to bring up is when you are coming down the one-way street on Adam and it comes to Wheeler there is no sign that says that we are entering two-way traffic.  I don’t know how many times I have gone around somebody and found myself on the wrong side of the road and I think we should fix that.

 

Council President Zeisz – So when you are coming down Adam and you get up to Wheeler…

 

Robin Harkey – …and it then turns into a two-way street and there is no sign saying so.

 

Council President Zeisz – Just so you know we have members of our Traffic and Safety Board here tonight and someone from our Signal Department that I am sure will be taking notes on any comments that are being made, like that comment.

 

Robin Harkey – Otherwise, I am very happy that you are keeping it the way it is.

 

Joe Bacon, 174 Morgan Street - I actually work for the Fire Department but I am here, off-duty, representing my personal interests.  We presented a petition that I know you guys received against two-way traffic on Morgan Street.  We came up with a lot of points and I would just like to give a little bit of background, not just the facts but some of the reasons we personally opposed it.  When I took a petition up and down the street to everyone that was affected and everyone that I was able to get in touch with was against two-way traffic.  There wasn’t a single person that was for two-way traffic that we got in touch with and the only people that we weren’t able to get in touch with weren’t home.  Living on a one-way street has a lot of benefits, it’s a lot safer, the traffic’s only going in one direction, you kind of get use to that, safe for children living on the street, kind of keeps things moving in one direction.  We have a lot of commercial businesses on Morgan Street.  For a residential street, it’s a very unique street.  In the City we have churches, we have the bank, we have the Fire Department, we have a drug rehabilitation place, we have a school.  There’s not really any other City residential streets in the City that are like that so, having a one-way street helps with all that extra traffic, it’s moved in one direction towards the truck routes and towards the main streets and out of the City.  By changing it, it’s gonna cause a lot of opposing traffic, having to do left hand turns in front of each other, especially at the intersection of Morgan and Seymour which is a very dangerous intersection.  I know that the Traffic & Safety Board did go and do a review of the accidents and I did a personal review of that intersection and for a one-way street which is typically supposed to be up to 50% safer than two-way streets, it’s as dangerous as the two-way streets, so if you change it to a two-way street, it’s only gonna increase the accidents there. 

 

Councilmember Boyle – Question.  Those 20 accidents, there’s a lot of questions that I have on your petition that I’d like you to answer.  On the accidents, you said that there were 20?  Was that at the intersection itself or was that like in front of the post office where a car got side-swiped because the Traffic & Safety Board has the same thing and it’s like somebody pulling out in front of the Post Office gets side-swiped, Morgan and Seymour, so automatically that goes toward Morgan and Seymour but that accident never happened there.  It happened in front of the Post Office. 

 

Joe Bacon - I considered everything that happened within a door or so down from the intersection to be that intersection just because the way it happens, cars end up, like I said I’ve been to numerous accidents there, when a car gets hit, it doesn’t just stop where it was hit so it’s difficult to tell.  A lot of the ways we put our reports into the computer, we’ll just say an intersection, it doesn’t always have a street address, so we put a lot of stuff there.  It’s just a dangerous intersection because you have the Post Office, you’ve got a lot of u-turns, you’ve got a lot going on and that’s no gonna stop no matter whether you make it two-one or one-way. 

 

Councilmember Boyle – I have another question.  You were saying commercial trucks, there’s a big misunderstanding.  Morgan Street is not gonna be a truck route.  Morgan Street is gonna be a truck out that if somebody comes down Young Street and they see the sign for the bridge, 11’6”, it’s gonna automatically put them down Morgan Street to Delaware, not going down to Seymour like you have it written down in here.  So it’s gonna be coming off of Morgan Street, onto Delaware with a big sign that says, “truck route left”. 

 

Joe Bacon – We’re just going by what happened at the last meeting and maybe it was erroneous what someone said, but someone on the Council, we all heard it, said that it was gonna go all the way to Seymour Street.  We had suggested that maybe it just go to Delaware but…

 

Councilmember Boyle - …there’s only gonna be three truck routes in the City of Tonawanda.  It’s gonna be Fillmore, from Moonwalk to the 425, that’s one truck route. Other truck route is gonna be Delaware, and the other truck route is gonna be Main Street.  There’s not gonna be any other truck routes in there. 

 

Council President Zeisz – Mr. Boyle, I think Seymour is too. 

 

Councilmember Boyle - Main Street to Seymour Street, coming up that way.

 

Council President Zeisz – Mr. Bacon, I’m the one that said about going up to Seymour and the reason I said that, yes, we’re gonna have the signage to direct them onto Delaware but an experienced trucker, once he gets used to it is gonna know that Seymour is a truck route and that they can go right through to get up to Seymour. 

 

Joe Bacon - And they will go down it whether you make it a truck route.  It’s just a difficult situation. 

 

Councilmember Boyle – And #4, numerous churches, organizations, businesses rely on on-street parking and both sides parking on Morgan Street.  Morgan Street right now, parking is Monday, Wednesday, and Friday, and then it alternates Tuesday, Thursday and Saturday.  Parking is not gonna change, we’re just gonna turn the signs around, so how are you gonna be losing parking spaces?

 

Joe Bacon – Well, first of all in order to turn it into a one-way street, you’re gonna remove the parking spaces that come east of William Street to the bank, so you lose a couple spaces there for the ladder truck to make turns around that corner…

 

Councilmember Boyle - …it’s either gonna go down to the…

 

Joe Bacon - …but the other thing was, the two-way parking on Sundays, I don’t know how you’re gonna have two-way traffic because there’s only gonna be one lane of traffic in between the two spaces.  You’ve driven down, we’ve all driven down Morgan Street on Sunday…

 

Councilmember Boyle - …and it also goes back to Scott Street which is a two-way street, with parking on both sides.  If you know that there’s a church function going on, you don’t go down that street. 

 

Joe Bacon – But Scott’s not a main thoroughfare in the City though.  It’s not an east-west thoroughfare.  It’s a two-block street, whereas, Morgan Street is a mile long.  I know what you’re saying, but there’s only one church on Scott Street.  There’s two churches and there’s a Fire Department, there’s a bank, there’s all kinds of people parking, on Sundays, but on Sundays when we come up, let’s say the Fire Department has a call, we’re not gonna be able to use Morgan Street on Sundays, nor is truck traffic if they get turned around and the decide they’re gonna go up all the way to Seymour Street, they’re not gonna be able to use it either, so you’re gonna have bog-downs in there and it’s gonna be a lot more dangerous.  You got people that are gonna try and go down it, you know how people are, they’re gonna give it a shot, they’re gonna go the other way.  You’re not gonna be able to shut it down for one day and stop young kids in their cars that zip down that street, people getting out of their cars on both sides going to church.  You’re gonna have to get rid of parking on one side which is gonna cause a problem, I think.  That’s my personal opinion, obviously.  You can give it a shot, but I think you’re taking a gamble leaving it two-way parking if you turn it into a two-way street. 

 

Councilmember Boyle – What’s the difference between any other street that we have in the City of Tonawanda that has parking on both sides of the street, that’s 30’ wide with the traffic going both ways? 

 

Joe Bacon – Well just name for me one residential street that runs east to west that does have the organizations that we have and also that has no stop light when it crosses Main Street or Seymour Street.  There’s only two streets in the City that don’t have a stop light across Main and Seymour, that’s Adam and Morgan. 

 

Councilmember Boyle – Isn’t here gonna be a traffic light put on Morgan Street? 

 

Joe Bacon - They said no.  Without a traffic light, how do you have four lanes of traffic coming into this intersection?  Morgan’s a pretty busy street already and it’s gonna get busier if it goes two-way, and do you really want to stop at a stop light at Niagara, Broad, Morgan, Fletcher?  That’s gonna slow down all the Seymour Street traffic too.  I think, my personal opinion after I studied a lot of this traffic reports on one-way streets and I think the reason why they may have done that in the first place was, not only for the congestion as the City started getting bigger, but when Seymour started getting busier, I bet that they decided they didn’t want to put a stop light at Adam, Morgan, Broad, Fletcher, Niagara and they probably made those two one-way streets because they figures traffic would only be coming from one way and they could put a stop sign instead of a stop light. 

 

Council President Zeisz – Mr. Bacon, how many signatures to you have for people that live on the one-way portion?

 

Joe Bacon – On the one-way portion, I’m not positive because we didn’t put the petitions together, we just handed them in to you. 

 

Council President Zeisz – Well, how many did you have total? 

 

Joe Bacon – Good question, I don’t know that either.  We had, I think, the petitions I handed in personally had around 120 or 130 signatures and I’m not sure what the other people who handed them in had. 

 

Council President Zeisz – I mean, I’ve got them, I just didn’t…

 

Joe Bacon - …yes, unfortunately, we were trying to collect signatures until the last minutes so we weren’t able to get together.  And I appreciate all the work that you guys are putting in and everybody that came here from both sides.  It’s kind of inconvenient for everybody to get up and do all this, it’s a busy time of year, spending 3 or 4 days, plus I personally got out of work and I know a lot of other people do, for something that works, I mean the streets have been working fine.  I understand you have a truck route that you need to turn around, or a truck turn-around, why not just that one block, it’s wide enough there, why not just make the turn-around and leave the rest of the street the way it is and the City will go on happily ever after. 

 

Councilmember Poole – I found 308 signatures against changing Morgan to two-way. 

 

Councilmember Boyle – Are you counting this one right here?  The one that has 89 non-residents? 

 

Hank Harder, 175 Morgan Street – We who live on the most dangerous corner in the City, I have no choice but to drive through that intersection because I live between Clinton Street and Seymour.  I can’t get out at a light, I’d be breaking the law if I turned around and went down Clinton Street.  Now, I’ve sat at that corner with trucks blocking the intersection until the lights change and when the lights change, the cars come through Broad Street and you’re sitting there for a good long time, taking your life in your hands, trying to get out of there.  Now if you’re gonna make this a two-way street, now you’re gonna have left hand turns coming out of the northbound lane trying to get up Morgan Street, and another problem is the Post Office, and your point about two-way streets with parking on both sides?  Are you aware that Adam Street, Broad Street, Fletcher Street is a two-hour parking limit on all them streets?  We’re the only street that has parking all day long within that area, so you can’t say that it’s the same situation.  Now, another problem is the Post Office mail box that is in a “no standing” zone and cars line up there, one behind the other to get to that mailbox at the peak hours of the day and they stand in the “no parking” zone, not only at the intersection but across Morgan Street in another “no standing” zone waiting to get to that Post Office box on the corner and you cannot see traffic coming.  Now if somebody in the northbound lane is wanting to make a left hand turn off Morgan Street,  now it’s gonna back up the traffic to the light so he can make that turn, I think you got another problem. First of all, I don’t know if the Post Office is in violation of the law by having that post office box there on that corner or not.  According to the DMV, there’s “no standing” for, I think it is, 20’ from an intersection or a crosswalk, only to load and unload passengers and that isn’t what they’re doing.  So if there’s something that could be done to make it more safe, I suggest you talk to the Post Office and get that damn post office box out of there.  I walk to the bank down that street, I see people coming from the north, cross over the two yellow lines, into the southbound traffic lane to get to that post office box.  I’ve seen people across the street, back across the intersection from Morgan Street, cross Morgan Street to get to the post office box so they don’t have to get out of the car and come around.  It’s bad news there believe me and I’d like to go on record right now, that if something should happen to my family at that intersection, be prepared for a lawsuit. 

 

Kevin Verrill, 127 Adam Street – Thank you for the Adam Street portion of this.  As far as Morgan Street, I think one thing that is really being overlooked here is, from the beginning this has been like a carte-blanche, we’re gonna do this throughout the City type of thing, without isolating each street and figuring the pros and cons, and for these folks on Morgan Street, I think, or any street that we’re gonna do this to, one thing that is really being ignored is the potential that it may have on their assessment and on their appraisal when they go to sell their house.  I own three houses on Adam Street and all three houses are assessed and appraised, I believe, a little bit higher because it’s a one-way street with less traffic, opposed to a house that I owned on Main Street that I sold because of the traffic.  So, I think we need to take that into consideration here on behalf of these folks because those are some beautiful homes there that to all of a sudden just form two-way traffic through there because we want to after it’s been this way for 40 years I think is really just a generous thing to do.

 

Paul Thurston, 56 Morgan Street – The only comment I wanted to make was having lived there since 1977, as a surge of traffic increases like for the Canal Fest or anything else, people want to come down, even against the one-way just because of the light at Broad and Delaware and it just backs up and you can see it. I was even considering taking a picture, you see it everyday, it just builds up, builds up and it’s tough to get people through that intersection and I’m afraid more of the nuisance traffic coming down, people that just don’t want to wait for the light and then at that point, sometimes the Eldredge Club has their gate open, they might bail into their parking lot or they might try to find William or any particular thing and I was just thinking, even that piece just being preserved kind of toward just general traffic from coming down there.  If it does seem unsafe, it’s a nice community, kids are playing in the street, and it’s all I’ve got to say.  

 

Donna Mussell, Adam Street – I would like to support Morgan Street and one of the reasons is, when you have events here, the only hope of getting theses people out of our town when it’s over is Adam and Morgan.  If you go down Franklin Street, it’s like one car at a time.  At least on those two streets it’s a steady flow.  Unless you want to keep them here forever, I would not make it a two-way street. 

 

Connie Smith, 403 Adam Street – I’d just like to reinforce what this lady has just said.  If you’ve got everybody going west on Adam and I feel that you need to keep Adam one-way because it just could never accommodate two-lane traffic, it’s too narrow.   If you’re gonna have everybody going west on Adam, you need a road for them to go east on and Broad can’t accommodate all that extra traffic, it is two-way but it’s already a very busy street and it can’t handle any extra traffic that they’d get from having a two-way street on Morgan. 

 

Councilmember Boyle – Adam is the same width as Morgan, 30’.  It’s not a narrower street. 

 

James Ralph, 205 Morgan Street – I was wondering, I know you’ve had your Traffic & Safety look into two-way traffic on Morgan Street but has the New York State DOT had any input onto you intersecting two of their roads?

 

Council President Zeisz – No.

 

James Ralph – I’m no in favor for it and I’d like to be on record to say that I’d like to see it stay one-way. 

 

Jeff Schultz, 325 Morgan Street – I’m in favor of the two-way, everything I base my statements on are on facts, it’s not protectionism.  The concerns that the people have, listening to, you know I’ve looked at most of them, the accidents, the accident reports we had from 2005 to 2010, we did all the accident reports from Niagara Street to Fletcher.  Am I allowed to hand you information now?

 

Council President Zeisz – Absolutely.

 

Jeff Schultz – The first bit of information I gave you was the letter from the Fire Chief Stuart requesting this in the first place, a lot of you weren’t on the Council at the time and you weren’t aware of this letter, and I made a copy of the letter requesting Morgan Street go two-way, and that was originally from Young Street to Main and then also a letter from the Traffic & Safety Board minutes approving the change.  And then we have the street measurements.  As you can see, the street measurements show that Morgan is not only as wide as the two-way section, but it also gets wider as you go down the block.  I know the engineering might show 30’ but over the years, I don’t know what, with the curbing it averages 29.7, 29.8, 29.10, it actually goes wider and us being on the two-way, we have two-way  parking at all times, with no restrictions.  I personally would like to see, if this goes either way, those parking restrictions taken away from Morgan Street.  I see no reason why they should even be restricted from parking on both sides during the week.  They’re allowed to park both sides during Sunday and I don’t know where Sunday differs from any other day of the week, as far as traffic flows.  We living on a two-way, we have no restriction, never had restrictions and we’re just as wide as the one-way Morgan.  I’d like to see that.  I’d like to see it open two-way.  You also have the accident reports.  Accidents reports from Morgan Street, the reports we have is with 16 that were associated with Morgan and Seymour, where only we counted 5 that were actually attributed to the fact that somebody coming out of Morgan on to Seymour.  The other ones were changes of lanes on Seymour, which had nothing to do with Morgan.  The Police Department uses that as a reference point as a cross road on their reports, that’s all that is when you see 16 or 20.  I don’t know what Mr. Bacon came up with his because I don’t know how far back he went, I’m not sure.  2001?  Okay.  I don’t know how many of those accidents were attributed to people coming out, we only went back to 2005, so that’s 5 out of the 5 years, that’s one per year, and if you look at the other intersections, there’s a lot more, they’re even signalized intersections.  I know we’re only one-way traffic, and I’ve lived on two-way for 31 years, I use that intersection, I don’t know how many times a day, 31 years.  You have to be careful, like any intersection, any street in the City, you drive down any street in the City that’s a two-way street, you have to be careful for oncoming traffic and I understand that being on a one-way street, you have don’t have that worry, but 99% of the streets in the City are two-way.  The usefulness of that being one-way, whatever it was for, whether it had been for the Fire Headquarters, the school, whatever it might have been, the rule doesn’t apply anymore, and as far as the church not having adequate parking, I don’t think we ever intended to take the parking away from them and the two spots that they might lose at the corner of William and Morgan due to the 60’ taken away for the turn of the fire truck, you could now pick up those two spaces at the intersection of Main and Morgan if it goes two-ways.  A few years back, we took away a couple spaces because cars were parking on the signal loops.  Turning it two-way, you remove those loops now, which you could now open up those spots.  There’re also pictures that we had taken, I’ve taken of the Sunday morning Sunday School and you can see ample parking still for that service with those pictures.  The other picture that I submitted was a picture of Mr. Szortyka’s concern of traffic coming out of the bank, the tellers, the ATM.  I took a picture from the center of that exit, Mr. Szortyka’s property is directly across from that, and he’s concerned with traffic turning right which should actually draw traffic away from his house, being it would be on the opposite side of his street now, not on the same side of the street turning.  If you turn left, you have to go in front of his house, turning right you actually draw cars on the opposite side of his house.  This gentleman over here was concerned about the not being able to go the opposite way.  He made a very good point.  If it was two-way, you could now turn around and go down Broad or Fletcher and use the signal.  Like he stated, it would be against the law right now doing that, I think it’s a very good idea that we make it because now he has the option of going the opposite way down his street and avoiding that non-signalized intersection.  We all have that option, signals or non-signals and I don’t think we should stymie because we’re used to a habit that, I don’t know that we don’t want to break or whatever, but we do all have an option of what street we want to travel on in the City, whether it’s one-way or two and I think that we should go ahead with this and consider opening up the parking and everything, but two-way traffic, I’m all for.  Thank you.

 

Council President Zeisz – Mr. Schultz, how many signed petitions did you have for people that actually live on Morgan Street?

 

Jeff Schultz – You told us at the last meeting, to just concentrate on Morgan, and that’s all we did.  We went from one end of Morgan to the other and if you look at the petitions, from the very first street at Young, all the way up to the end, it was 100 on that one, plus whatever was on the original that was Morgan which of course we didn’t duplicate. 

 

Council President Zeisz –  I asked Mr. Bacon and Mr. Schultz because I want them to be the ones to put on the record approximately how many signatures they brought forth so it doesn’t look like I’m saying there’s 10 when there’s 100 or whatever.  Just so that, this is a little unorthodox but I’m gonna do it anyway, because I can.  I have a question.  How many people are here that live on the one-way section of Morgan?  All right, now keep you arms up, if you are in favor of it going two-way, put your arm down.  If you want it to stay one-way, keep your arm up.  Thank you.  I didn’t see anybody’s arm move so I’m assuming every one at the one-way, wants it to stay one-way.  To be fair, how many live on the two-way section of Morgan?  And who wants it to stay one-way in the two-way section?   

 

Robin Bacon, 174 Morgan Street – I just wanted to, with all due respect to Mr. Schultz, he said something like, the reason that it was made one-way is no longer valid, and I’m just paraphrasing, and I don’t know that we hold that to be true, so I just wanted to put that on record, that we’re all here to put our points brought up to the Council.  I think that what we did was based on fact as well, I think it’s just a unique situation and we’ve got to figure out what applies here and I think based on what I have heard here from everyone, from both sides, the risks outweigh any potential benefits.  I haven’t really seen any potential benefits, other than, I know that the Fire Chief wrote a letter some time ago and it may be a benefit but I think everything has been going smoothly regardless, up to this point.  I don’t even know why this is really on the table.  It’s seems like everything is fine, that’s my opinion.  It also seems that some people do want it to go to two-way, but they’re not as directly affected by this as the people that live closer to the situation that we’re talking about, and so I guess, I don’t know, I just wanted to put on record that I’m not in favor of it being a two-way street. 

 

Councilmember Boyle – There was a traffic study done 1950 and the traffic study recommended one-way opposite traffic on Adam, Broad, Morgan, Fletcher.  This dates back to 1950.  For some strange reason, I mean, now that we have the 50’s maybe we can find this resolution of exactly when it was done.  It wasn’t done 37 years ago, it was done probably longer than that, but at least we found it was 1950, 1951. Also, there was 353 parking meters, everybody loved them, all over the place, so we’re gonna start putting parking meters back up. 

 

John Tipton, Pastor Salem Church – Actually question of clarification because I’m getting a little confused.  It is, there will be two-sided parking on Sundays on Morgan? 

 

Councilmember Boyle - Yes. 

 

John Tipton – The other thing, and we do have a self-interest at Salem Church on the corner of Morgan and Main because we work to bring in anywhere from 200 – 500 people on Sunday morning so that’s a special day to us I guess.  But other times during the week when we’ve called in that two-sided parking because we’ve had funerals or weddings or other type worship experiences there, is that going to continue, that privilege that’s extended to us, and it’s graciously given to us regularly. 

 

Council President Zeisz - Absolutely. 

 

Councilmember Boyle – Now pastor, did you go out and look at that area I was talking about? 

 

John Tipton - I looked at that area.

 

Councilmember Boyle – Because there was a lot of confusion on saying they’re gonna be losing all these parking spaces.  I went out and I did some measurements, I have a drawing if you want to see.  The way it is right now is the Traffic & Safety wants to eliminate parking 60’ from William Street, coming on down.  So if you look at it, I went and measured it from, right there, I’m a very lousy artist, okay, 60’ down.  From the corner of William Street, the crosswalk is 15’.  New York State law says you cannot park within 15’ of a crosswalk.  At the 10’ from 30’ there is a driveway that is 10’ wide, and then you come down another 10’, that’s your 60’ right there, so really this parking space and this parking space are the only two you’re gonna be losing.  Down here, from this next driveway is 32’ but you do have two more parking spaces there.  You understand what I’m saying?  Really this is where you’re gonna be losing and that’s what you’re gonna be losing.  This you can’t park in according to New York State law because you’re gonna be too close to the crosswalk. 

 

Hank Harder – Correction.  That would be 20’, not 15’. 

 

Councilmember Boyle – Fred?  I talked to….

 

Hank Harder - …right here, DMV. 

 

Councilmember Boyle – Oh, it is 20?  Okay, Rank told me the wrong number. 

 

Hank Harder - So your measurements are wrong. 

 

Councilmember Boyle – Well, you’re still losing two parking spaces. 

 

Jim Hannigan, 154 Morgan Street  – I live across from the Post Office at 154 Morgan and I’d just like to say for the record I’m totally against your plan to make it two-way.

 

Council President Zeisz – Just so everybody understands, I think people need to understand this.  An idea was thrown out to originally change truck routes in the City which has been done.  Well with that, came a need to change a small portion of Morgan Street to two-way, which would be the section between Young Street and Delaware.  That leaves basically a couple of blocks of Morgan Street one-way, why don’t we look at changing the whole thing to two-way and what I don’t want people to think is that this is something that everyone on the Council is either for or against.  This is an opportunity for people to share their feelings, get their comments, questions so that we can make an informed decision.  I do think that pretty much everyone up here has made up their mind on how they’re going to decide but I just want people to understand…

 

Hank Harder - …well if you have, then why are we having this? 

 

Council President Zeisz – Well because, first of all, this is all part of the process.  I didn’t say how the vote was going to  go.

 

Hank Harder – …the process is already in motion.

 

Council President Zeisz – Well, I think there’s some people in this audience that were at the last Council meeting that got a pretty good idea on how I’m gonna vote.  I’m just gonna do this right now and get it out there.  I told everybody at the last Council meeting that I will support what the public wants on their portion of the street. 

 

Hank Harder - That’s fair.

 

Council President Zeisz – Now, I’ll leave it at that.  I think it gives you a pretty good idea of where my support is.  It doesn’t mean that I necessary agree, but my job is to serve the residents and the last I checked, a lot of the people in the City don’t really need Morgan Street to go anywhere. But the people that live on Morgan Street need Morgan Street and I think that’s what I have to look at, the people that have to live there.  If you live up on the hill, there’s really no reason to go down Morgan Street, if you live on the other side of Delaware, in most cases there’s no reason to go down Morgan Street, so unless you’re visiting someone, you don’t have to go down Morgan Street but it does affect the people that live there, especially probably more so than not, during the summer months when there’s increased traffic in the area for whatever reason.   Whether it’s a special event, whether it’s something down there, the fireworks, what have you.   

 

Hank Harder – Well how much time has been spent by the committee, looking at the traffic situation at that particular corner, during the rush hours, evening?

 

Council President Zeisz – By Traffic & Safety?

 

Hank Harder – By anybody.  I don’t know.  You can’t believe what goes on there.  It’s outrageous.  People make a u-turn and drive up on the opposite side on Morgan Street and sit there.  When I come off Morgan Street toward Main and sit there to make a u-turn, you can’t get across.  It happens all the time. 

 

Council President Zeisz - They make a u-turn to get back to the Post Office. 

 

Hank Harder - Well, they make a u-turn to get to the stupid post office box sitting on the corner.  I have sat at that corner to cross Seymour Street to get to Main and there’s nothing coming but there’s people parked in front of the post office and by the time I get half way across the street, just recently, a car was 10’ away from t-boning me because they made a u-turn coming out and going north.  Now, like I said, now you want to make a left-hand turn coming up onto Morgan Street.  You’re just asking for more trouble.  

 

Council President Zeisz – I think you’ve made your point. 

 

Hank Harder - It’s dangerous and I can’t go along with these statistics because I’ve seen at least six accidents within the past five years related to that intersection. 

 

Council President Zeisz – Okay.  Thank you Mr. Harder.

 

Hank Harder – Not just because side-swiped Post Office stuff or nothing else.  That one woman got knocked in the circle and took the front porch off of the guy on the corner of the house there. 

 

Councilmember Boyle - Was it reported to the Police?       

 

Hank Harder – By God I hope so.  They went to the hospital.

 

Councilmember Boyle - Then it’s in here sir.

 

Council President Zeisz – All right, can I ask a question.  If anyone else would like to make a comment, please do so if you have something different to say than what’s been said because I want to move on.

 

Hank Harder - I’d just like to say that I’m in favor of keeping it one-way.

 

Dawn King, 121 Wheeler Street – I own the house at 260 Morgan, whatever the neighbors decide as to how they want it done, it’s their issue but I have a real problem with the amount of people who do not stop at that corner.  I recently worked on the piece of property, and I spent hours there, and nobody stops. I contacted the Police to say, you want money, just stop there and pull people over and if it goes two-way, is it going to be more of an issue and that’s my concern. 

 

Laurie Schultz, 325 Morgan Street  – Several years ago on our street, because we are the first block two-way, we had an accident that happened in front of our home.  First aid got there pretty quickly.   They needed to call for an ambulance.  So we’re waiting for the ambulance and we hear the ambulance siren on Fletcher, which is a normal route for them to proceed because of the one-way Morgan there, and we keep hearing the siren going and going and all of a sudden it got softer and softer.  Well, what had happened was the ambulance driver went up to Hind Street where the High School is, thinking that all of Morgan was one-way.  That is a concern for me, because if I need some kind of medical attention, there’s some confusion there.  You guys have the facts and I know Joe and his wife have worked hard on it too and so has myself and Jeff and the decision is in your hands and I would just like to say I truly feel that it is a good idea to go two-way and I guess all of the reasons have been given so I won’t give any more because I agree, my husband was up here but I just wanted to share that one incident where a first aid ambulance went the wrong way thinking that all of Morgan was one-way and if that’s what’s out there, that concerns me as a resident who may some day need first aid for my family. 

 

Mike Young, 252 Adam Street – Just in regards to her question about the ambulance, I’m a fireman too, is when the Fire Department is dispatched to an address, they’re given the cross street and the ambulance is given the same information.  So if they did go the wrong way, it was probably a mistake made one time and an easy correction to that is just to make sure they’re informed, it’s 249, 260, wherever it is, it’s between these intersections and that problem won’t happen.

 

Ed Gebera, 157 Brookside Terrace W. – Do you want to know why Morgan was once one-way?  Fire Department.  How many fire departments does the City of Tonawanda have? 

 

Council President Zeisz - Well, there’s one department but not one firehouse. 

 

Ed Gebera - How many locations is what I’m asking.

 

Council President Zeisz – Well there used to be one on Broad Street, William Street, Niagara, they probably flew right down Morgan, there was Delaware.

 

Ed Gebera - So how many do we have five or six?  And that’s probably why Morgan Street was made one-way, coming off of Delaware. 

 

Council President Zeisz – It doesn’t really matter at this point. 

 

Audience Member (inaudible) – I’m against this two-way and it’s just that I’ve been a truck driver for 12 years, tractor-trailer and just coming out of these streets, you’re gonna do anything just to make a turn, left turn, right turn, go up on and hit the grass, you could hit the curb, hit the sign or something like that and they continue on, and I don’t want to see Morgan or the City of Tonawanda being (inaudible).  I want to thank Joe and Robin for what they’ve done and that they’re here for us. 

 

Kelly Steinbrenner, 103 Morgan St. – I’d like to thank you for the letter that was sent out, that was brought up last time, so I appreciate that you sent the letter out and that shows that you respect us and want to get our views and I really appreciate that.  I’m wondering if, you all mentioned last time, it was nice to see a crowd.  You have a wonderful website but when you click on today, nothing happens and I know that you don’t do your own website but is there a way to kind of let the public know what’s coming up?  

 

Council President Zeisz – We’ll look into that.  That’s a good idea, thank you.

 

James Penberthy, 268 Adam St. – I live next to all the action at the intersection of Kohler and I’ve lived there for over 50 years.  Before I start though, I’d just like to backtrack to the woman that was just up a little while ago about worrying about medical attention possibly up there.  Just a suggestion to the Council that that’s something you can help with by possibly instruction to businesses or the ambulance service or whatever to instruct their employees or give maps or whatever so it’s just a suggestion.  But I’m a former 3rd Ward Alderman whose quite familiar with these problems and these issues.  I also served on the Traffic Board for many, many years.  We went over the issues of traffic on Adam Street and it thought it was settled and by geez after tonight, you make your decision, I hope that stuff is settled for both Morgan and Adam Street.  The same reasons really, I’m not gonna go over all the issues that really involve both streets, I think they do, just glide by through them, but it’s seems as if the way I see here, there was one Councilman spearheading the issues between both Morgan and Adam Street, or at least Morgan and I think Mr. President, you mentioned about the truck situation on Young Street.  Well, I gotta assure this Council that the residents of Morgan and Adam Street, I think could care less about a bridge that they don’t own and that the City doesn’t own and trucks that they don’t own, but they are concerned about what the traffic is in front of their house and as far as history goes, like I said I’ve lived over 50 years on Adam Street and the traffic flow has served the City quite well and the only problems that ever came up in the spirit of the discussion of the traffic flow was parking and it still exists and if you were to change the situation, I’m sure you’re going to have a myriad of parking problems to solve.  You know the summer festivities that we have, the fireworks on 4th of July, and all the other events that take place, with the restaurants, the bar, the two restaurants on Niagara Street, people want to park on Adam Street.  I haven’t been able to park in front of my house in 50 years and I was on the Traffic Board and I couldn’t even solve the situation.  At that time, we argued about, well maybe we can make it, at that time there was a snow removal problem, but we solved that because you didn’t allow parking after 2:00 A.M., so the snow problem’s gone.  Just to address this problem because you’re trying to look for a truck route, I think is ludicrous.  In fact, just give you another suggestion, I don’t see why you can’t use Killewald.  There isn’t any residents on Killewald and send them to Delaware and over Roosevelt if you want to use Main or Delaware and I think it’s wider.  There certainly was trucks that went down Killewald many years ago when the company was at the middle, so it’s something to look into.  When all said and done, without going over all the issues of safety, the problem is that the City has grown, that businesses have, move activity has come on line, the churches, more churches have gotten bigger attendance and need more space and they’re gonna have to need more.  There’s gonna be more parking problems resolved on those churches on Morgan Street if you change it.  What’s gonna happen is, some people have said this before, you’re gonna open a can of worms, well that’s darn well what you’re gonna do and you’re gonna spend another 10 years trying to solve the parking problems and have the residents of those sections on your back all the time.  The whole thing boils down to one safety and two parking, that’s what it all amounts to and the other final decision should be on what is the benefit for changing them to two-way and what is the benefit for leaving them the way they are and the way they’ve served the citizens in Tonawanda for 50 years.  That’s what should be looked at. 

 

Council President Zeisz – Thank you Mr. Penberthy, and I’m gonna make Mr. Szortyka the last person and I’m gonna move on with the regular Council meeting.  I think that the Council’s got more than enough information from the residents and we also have a lot of factual information, so I don’t see why we won’t be able to make an informed decision. 

 

William Szortyka, 97 Morgan Street – I think everybody brought up some great points today on both sides.  Obviously, me being a resident on a one-way street, I’m opposed to it.  Mr. Schultz statement I don’t think depicts how  feel about my driveway being across from the bankIt’s neither here nor there if you go there and look at it and you’d see what it does.  The counter didn’t go on the banks, I couldn’t do it personally, so I don’t know if we were able to do anything with that.

 

Councilmember Boyle - We were supposed to get numbers from the bank itself and that never happened.

 

William Szortyka – It’s obvious it’s a three-lane bank with a 24 hour ATM.  I don’t think we really have to, I think everybody understands.  The events  is a good point and I can’t avoid Morgan, Councilman Boyle.  Keeps being brought up to avoid it like Scott Street where I used to live, I can’t avoid it, I live there, maybe I’m being greedy, but that’s where I stand. 

 

Joe Bacon – I just want to know when you’re actually going to vote on this.

 

Council President Zeisz – Well, first we have to see if it gets to the floor.  I’d like to say next meeting but I’m not sure it’s gonna get to the floor.  

 

Joe Bacon – Thank you for all your consideration. 

 

Hank Harder - Would it be possible for the Traffic Committee to look into the situation with the Post Office?

 

Council President Zeisz - Yes, I said I would.  We’ll look at it. 

 

Hank Harder - You should take a very long look at it and see what goes on at that corner. 

 

Council President Zeisz - We’ll definitely do that Mr. Harder.

 

End of Public Hearing

 

 

 

 

 

 

 

 

BID OPENING:            Paving & Equipment Rental

                                    Wednesday, April 14, 2010

                                    9:15 A.M.

 

Robinson Paving

11525 E. Main Street

East Aurora, NY 14052                                           Total Bid:             $525.00/hr.

            Non-Collusive Bidding Certificate accompanied bid

 

Milherst Construction

2601 Millersport Highway

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

            Non-Collusive Bidding Certificate accompanied bid

 

 

BID OPENING:             Installation of Geotextile Fabric

                                    Wednesday, April 14, 2010

                                    9:30 A.M.

 

Urban Enterprises

954 Oliver Street

North Tonawanda, NY 14120                                           Total Bid:      $0.33 sq. yd.

            Non-Collusive Bidding Certificate accompanied bid

 

 

BID OPENING:             Geotextile Fabric

                                    Wednesday, April 14, 2010

                                    9:35 A.M.

 

Great Lakes Concrete Products, Inc.

5690 Camp Road

Hamburg, NY 14075                                                  Total Bid:      $0.52 sq. yd.

            Non-Collusive Bidding Certificate accompanied bid

 

BID OPENING:            Road Building Materials

                                    Wednesday, April 14, 2010

                                    9:40 A.M.

 

LaFarge North America

270 Northpointe Parkway

Suite 100

Amherst, NY 14228 

            Non-Collusive Bidding Certificate accompanied bid

 

LaFarge Lockport Plant                                     LaFarge Niagara Falls 

Regular Top-Type 6F                       $ 49.30/ton                     Regular Top-Type 6F            $50.30/ton

1 ACF-Type 7F                    $ 53.20/ton                     1 ACF-Type 7F            $55.20/ton

Urban Top                               $ 53.70/ton                     Urban Top                  $55.70/ton

Cold Patch                               $120.00/ton                Cold Patch                $ NB/ton

#1 Stone                                  $ 12.75/ton                     #1 Stone               $ NB/ton

#2 Run of                                                                     #2 Run of

     Crushed Stone               $  8.00/ton                            Crushed Stone            $ 9.50/ton

 

Buffalo Crushed Stone

2544 Clinton Street

Buffalo, NY

            Non-Collusive Bidding Certificate accompanied bid

 

Buffalo Crushed Stone

Regular Top-Type 6F                       $ 49.25/ton

1 ACF-Type 7F                    $ 53.00/ton

Urban Top                               $55.40/ton

Cold Patch                               $ NB/ton

#1 Stone                                  $13.45/ton

#2 Run of                    

     Crushed Stone               $ 9.10/ton

 

COMMUNICATIONS FROM THE MAYOR

 

A letter to Sylvia Barry dated January 4, 2010 appointing her to the Library Board, term to expire December 31, 2011.

 

A letter to the Common Council and City Attorney Ron Trabucco, dated April 6, 2010 regarding the Sidewalk Ordinance.

 

A letter to Peter Grannis, Commissioner of NYS DEC, dated April 7, 2010 regarding funding for the Tonawanda Air Monitoring.

 

A letter from Erin Heaney, Director of the Clean Air Coalition of WNY, dated April 11, 2010 thanking the Mayor for his support in sending a letter to Commission Grannis of NYS DEC.

 

A letter from Ann Trakas, dated April 13, 2010 regarding her front sidewalk at 60 Gath Terrace.

 

A Proclamation proclaiming April 15, 2010, “Thomas Burdo Day” in the City of Tonawanda.

 

A letter from Niagara Dive Rescue, date April 19, 2010, regarding needed funding for equipment.

            Ordered Filed

 

COMMUNICATION FROM CITY OFFICIALS AND CORRESPONDENCE

 

The following monthly reports were received by the City Clerk:

            March Activity Report of the Building Inspector

            March Minutes of the LWRP Committee

            April Minutes of the Community Development Agency

            March minutes of the Board of Appeals

                        Referred to the Committee of the Whole

                                    Ordered Filed

 

Petitions for and against the rescinding of one-way traffic on Adam Street and Morgan Street.

            Referred to the Committee of the Whole

 

A memo to Mayor Pilozzi, Sam Iraci, and the Common Council from City Engineer Jason LaMonaco regarding the Pavilion Proposals.

            Referred to the Committee of the Whole

 

A letter to Mayor Pilozzi and the Common Council from Mitchell & Diana Reeve, 21 East Hill Street regarding parking on the north side of East Hill Street.

            Referred to the Committee of the Whole

 

A Notice of Public Hearing being held by the Board of Appeals for the City of Tonawanda on April 26, 2010, asking to be allowed relief from increased off-street parking requirements at 79 Young Street.

            Referred to the Committee of the Whole

 

A notice of Public Hearing being held by the Board of Appeals for the City of Tonawanda on April 26, 2010, asking to be allowed to install a new 15’ x 12’ sign at 820 Young Street.

            Referred to the Committee of the Whole

 

A letter from Dan Walter & Son, Inc. requesting to continue towing service to the City of Tonawanda.

            Referred to the Committee of the Whole

 

A letter from Thomas A. Young and Jennifer E. Moore protesting the changing of Morgan and Adam Street to two-way traffic.

            Referred to the Committee of the Whole

 

A letter from Sandy Balling, 218 Adam Street, dated April 18, 2010, expressing her opposition to making all of Adam Street two-way.

            Referred to the Committee of the Whole

 

A letter from Happy and Marilyn Klein, 43 Luksin Drive, dated April 20, 2010, expressing his opposition to opening Luksin Drive and changing the riparian area of Ellicott Creek Drive.

                        Ordered Filed

 

COMMENTS BY THE PUBLIC ON RESOLUTIONS

 

There were no comments from the public on resolutions.

 

MOTIONS AND RESOLUTIONS

 

93.       By Councilmember Slisz                                         seconded by Councilmember Boyle

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

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

94.       By the Council                                                              seconded by the Council

            Whereas, the City of Tonawanda recognizes the need to replace our antiquated radio technology with new digital broadcasting equipment, and

            Whereas, the City of Tonawanda also recognizes the need to provide our officers with safe and reliable communication, now, therefore be it

            Resolved, that the City of Tonawanda Common Council authorizes Mayor Ronald J. Pilozzi to enter into a grant agreement with the New York State Department of State 2010 – 2011 Legislative Grant in the amount of $10,000.00 towards the replacement of a Zetron dispatch console model 4010.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

95.       By Councilmember Gilbert                                      seconded by Councilmember Poole

                        Resolved, that the reading of the following 21 Traffic Ordinance resolutions be waived.

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

96.       By the Council                                                              seconded by the Council

                        Resolved, that Article V, Section 62-193, Schedule XV, “No Standing”, of the City of Tonawanda Code of Ordinances, Chapter 62, entitled Traffic and Vehicle Ordinances be amended to read as follows:

                        Resolved, that the standing of vehicles be prohibited on the east side of Main Street from a point 61’ south of Young Street to a point 17’ south thereof.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

97.       By the Council                                                              seconded by the Council

            Resolved, that Article V, Section 62-193, Schedule XV, “No Standing” of the City of Tonawanda Code of Ordinances, Chapter 62, entitled Traffic and Vehicle Ordinances be amended to read as follows:

            Resolved, that the standing of vehicles on the south side of Wheeler Street from a point 380’ south of Enterprise Street to the north curb line of Hackett Drive, adopted March 17, 1992, is hereby rescinded.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

           

98.       By the Council                                                              seconded by the Council

            Resolved, that Article V, Section 62-193, Schedule XV, “No Standing” of the City of Tonawanda Code of Ordinances, Chapter 62, entitled Traffic and Vehicle Ordinances be amended to read as follows:

            Resolved, that the standing of vehicles on the north side of Wheeler Street from the west curb line of Main Street to a point 95’ north of James Street, adopted March 17, 1992, is hereby rescinded.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

99.       By the Council                                                              seconded by the Council

            Resolved, that Article V, Section 62-193, Schedule XV, “No Standing” of the City of Tonawanda Code of Ordinances, Chapter 62, entitled Traffic and Vehicle Ordinances be amended to read as follows:

            Resolved, that the standing of vehicles be prohibited on the north side of Wheeler Street from the west curb line of Main Street to a point 677’ west.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

100.     By the Council                                                              seconded by the Council

            Resolved, that Article V, Section 62-193, Schedule XV, “No Standing” of the City of Tonawanda Code of Ordinances, Chapter 62, entitled Traffic and Vehicle Ordinances be amended to read as follows:

            Resolved, that the standing of vehicles be prohibited on the east side of Wheeler Street from the west curb line of Main Street to a point 677’ west.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

           

101.     By the Council                                                              seconded by the Council

            Resolved, that Article V, Section 62-120, Schedule XIX, “Time limit for standing on certain streets” of the City of Tonawanda Code of Ordinances, Chapter 62, entitled Traffic and Vehicle Ordinances be amended to read as follows:

            Resolved, that the ordinance regarding the standing of vehicles for more than 15 minutes on the north side of Morgan Street from Bouck Street to a point 239’ west thereof, adopted March 17, 1992, is hereby rescinded.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

 

 

 

102.     By the Council                                                              seconded by the Council

            Resolved, that Article V, Section 62-121, Schedule XX, “Time limit for parking on certain streets”, of the City of Tonawanda Code of Ordinances, Chapter 62, entitled Traffic and Vehicle Ordinances, be amended to read as follows:

            Resolved, that the ordinance for the prohibited 2-hour parking 9:00 A.M. to 6:00 P.M. on the west side of Young Street from a point 98’ north of Schoot Street to a point 175’ north of Simson Street, adopted march 17, 1992, is hereby rescinded.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

           

103.     By the Council                                                              seconded by the Council

                        Resolved, that Article V, Section 62-121, Schedule XX, “Time limit for parking on certain streets”, of the City of Tonawanda Code of Ordinances, Chapter 62, entitled Traffic and Vehicle Ordinances, be amended to read as follows:

                        Resolved, that the ordinance that prohibits 30 minute parking from 9:00 A.M. to 6:00 P.M. on the north side of Niagara Street from a point 128’ west of Oldenburg Drive to a point 113’ west thereof, adopted March 17, 1992, is hereby rescinded.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

104.     By the Council                                                              seconded by the Council

Resolved, that Article V, Section 62-121, Schedule XX, “Time limit for parking on certain streets”, of the City of Tonawanda Code of Ordinances, Chapter 62, entitled Traffic and Vehicle Ordinances, be amended to read as follows:

Resolved, that the ordinance that prohibits 2 hour parking 9:00 A.M. to 6:00 P.M. on the north side of Niagara Street from a point 280’ west of Main Street to a point 156’ west thereof, adopted March 17, 1992, is hereby rescinded.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

           

105.     By the Council                                                              seconded by the Council

Resolved, that Article V, Section 62-121, Schedule XX, “Time limit for parking on certain streets”, of the City of Tonawanda Code of Ordinances, Chapter 62, entitled Traffic and Vehicle Ordinances, be amended to read as follows:

Resolved, that the ordinance that prohibits 30 minute parking from 9:00 A.M. to 6:00 P.M. on the west side of Young Street from a point 96’ north of Simson Street to a point 79’ north thereof, adopted March 17, 1992, is hereby rescinded.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

106.     By the Council                                                              seconded by the Council

Resolved, that Article V, Section 62-121, Schedule XX, “Time limit for parking on certain streets”, of the City of Tonawanda Code of Ordinances, Chapter 62, entitled Traffic and Vehicle Ordinances, be amended to read as follows:

Resolved, that the ordinance that prohibits 2 hour parking from 9:00 A.M. to 6:00 P.M. on the west side of Young Street from a point 32’ south of Simson Street to a point 65/ north of Killewald Avenue, adopted March 17, 1992, is hereby rescinded.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

           

 

 

107.     By the Council                                                              seconded by the Council

Resolved, that Article V, Section 62-121, Schedule XX, “Time limit for parking on certain streets”, of the City of Tonawanda Code of Ordinances, Chapter 62, entitled Traffic and Vehicle Ordinances, be amended to read as follows:

            Resolved, that the ordinance that prohibits 30 minute parking from 9:00 A.M. to 10:00 P.M. on the west side of Seymour Street from a point 70’ south of Morgan Street to a point 120’ south thereof, adopted March 17, 1992, is hereby rescinded.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

108.     By the Council                                                              seconded by the Council

Resolved, that Article V, Section 62-121, Schedule XX, “Time limit for parking on certain streets”, of the City of Tonawanda Code of Ordinances, Chapter 62, entitled Traffic and Vehicle Ordinances, be amended to read as follows:

Resolved, that the standing of vehicles for longer than 30 minutes from 9:00 A.M. to 6:00 P.M. except Sundays and Holidays on the west side of Seymour Street from a point 70’ south of Morgan Street to a point 190’ south thereof, adopted March 17, 1992, is hereby rescinded.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

109.     By the Council                                                              seconded by the Council

            Resolved, that Article V, Section 62-197, Schedule XIX, “Time limit standing”, of the City of Tonawanda Code of Ordinances, Chapter 62, entitled Traffic and Vehicle Ordinances, be amended to read as follows:

            Resolved, that the ordinance that prohibits 30 minute parking on the west side of Longs Avenue from a point 56’ south of east Niagara Street to a point 110’ south thereof, adopted March 17, 1992, is hereby rescinded.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

110.     By the Council                                                              seconded by the Council

            Resolved, that Article V, Section 62-197, Schedule XIX, “Time limit standing”, of the City of Tonawanda Code of Ordinances, Chapter 62, entitled Traffic and Vehicle Ordinances, be amended to read as follows:

            Resolved, that the ordinance that prohibits 30 minute parking on the south side of Fuller Avenue from a point 229’ west of east Grove Street to a point 62’ west thereof, adopted March 17, 1992, is hereby rescinded.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

111.     By the Council                                                              seconded by the Council

            Resolved, that Article V, Section 62-198, Schedule XX, “Time limit parking”, of the City of Tonawanda Code of Ordinances, Chapter 62, entitled Traffic and Vehicle Ordinances, be amended to read as follows:

            Resolved, that the ordinance prohibiting the parking of vehicles for longer than 2 hours 9:00 A.M. to 6:00 P.M. except Sundays and Holidays on the west side of Main Street from Virginia Street to a point 105’ north of Franklin Street, adopted March 17, 1992, is hereby rescinded.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

112.     By the Council                                                              seconded by the Council

            Resolved, that Article V, Section 62-198, Schedule XX, “Time limit parking”, of the City of Tonawanda Code of Ordinances, Chapter 62, entitled Traffic and Vehicle Ordinances, be amended to read as follows:

            Resolved, that the ordinance prohibiting the parking of vehicles for longer than 30 minutes 9:00 A.M. to 10:00 P.M. on the east side of Main Street from a point 266’ south of Fletcher Street to a point 30’ south thereof, adopted March 17, 1992, is hereby rescinded.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

113.     By the Council                                                              seconded by the Council

            Resolved, that Article V, Section 62-198, Schedule XX, “Time limit parking”, of the City of Tonawanda Code of Ordinances, Chapter 62, entitled Traffic and Vehicle Ordinances, be amended to read as follows:

            Resolved, that the ordinance prohibiting the parking of vehicles for longer than 30 minutes 9:00 A.M. to 6:00 P.M. on the west side of Main Street from a point 63’ north of Johnson Street to a point 40’ north thereof, adopted March 17, 1992, is hereby rescinded.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

114.     By the Council                                                              seconded by the Council

            Resolved, that Article V, Section 62-198, Schedule XX, “Time limit parking”, of the City of Tonawanda Code of Ordinances, Chapter 62, entitled Traffic and Vehicle Ordinances, be amended to read as follows:

            Resolved, that the ordinance prohibiting the parking of vehicles for longer than 2 hours 9:00 A.M. to 6:00 P.M. except Sundays and Holidays on the east side of Franklin Street from Main Street to Virginia Street, adopted March 17, 1992, is hereby rescinded.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

115.     By the Council                                                              seconded by the Council

            Resolved, that Article V, Section 62-198, Schedule XX, “Time limit parking”, of the City of Tonawanda Code of Ordinances, Chapter 62, entitled Traffic and Vehicle Ordinances, be amended to read as follows:

            Resolved, that the ordinance prohibiting the parking of vehicles for longer than 30 minutes all/except Sundays and Holidays on the south side of Adam Street from a point 324’ to a point 386 west of Seymour Street, adopted March 17, 1992, is hereby rescinded.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

116.     By the Council                                                              seconded by the Council

            Resolved, that Article V, Section 62-198, Schedule XX, “Time limit parking”, of the City of Tonawanda Code of Ordinances, Chapter 62, entitled Traffic and Vehicle Ordinances, be amended to read as follows:

            Resolved, that the ordinance prohibiting the parking of vehicles for longer than 30 minutes 9:00 A.M. to 10:00 P.M. except Sundays and Holidays on the east side of Main Street from a point 61’ south of Young Street to a point 17’ south thereof, adopted March 17, 1992, is hereby rescinded.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

 

117.     By Councilmember Slisz                                         seconded by Councilmember Poole

            Resolved, that the following resolution be tabled.

 

Councilmember Slisz – The reasons I want to table is to ask the City Attorney to get an opinion from the Greenway Commission.

 

Councilmember Boyle – Mr. President, after looking at this thing I’m going to go along with those two about tabling this thing because if you look at the way that this is written it says “standing committee to design and construct a pavilion along the shore of Niawanda (Niagara) Park”, I mean we’ve talked about maybe going up top but I mean with it being on the shore of Niawanda (Niagara) River, I’d like to table this also, along with those two gentlemen over there.   

 

Councilmember Gilbert – Mr. President, can we just change the wording to include to look at the top like we discussed in the back in the beginning?

 

Council President Zeisz - Well, we still have to vote on the motion because the motion involves getting a response from the City Attorney on what the money can be spent on.     

 

Councilmember Boyle – If that was changed, I wouldn’t go along with the tabling. 

 

Councilmember Gilbert – If you change it to the way they’re going to do with two soil samples, because they’re not just looking along the waterfront.

 

Councilmember Boyle – If we have it right now, the way it’s written right now, it has to go on the shore of the Niawanda (Niagara) River and I don’t want, you know, you know where I stand on where I’d like to see this thing but if it’s written down in the resolution that it’s on the shore of the Niawanda (Niagara) River, this is more or less giving them the ammunition of saying, “no, that’s where it has to go”. 

 

Councilmember Slisz – Mr. President.  I have to agree with Mr. Boyle.  The petition is written to the effect that it’s gravitating toward the Niawanda Park and I also vote in favor of the Niawanda Park location because I think we’re trying to build an 800’ by 100’ pavilion over the former Canal and we know we’re going to have many problems, we don’t know what’s down in the Canal, we have rumors of all kind of things being dumped into it because it was filled, plus I think the location at Vets Park would suit this location better, so with that, I’m voting for tabling. 

 

Council President Zeisz – So, we have a motion to table and we have a second to table but you’re looking to change the wording. 

 

Councilmember Boyle - If the wording gets changed…

 

Councilmember Gilbert - We’re going to do both sites as it is…

 

Councilmember Boyle - …we talked about it in there, yes, but the way this is written, “construct a pavilion along the shore of the Niawanda (Niagara) River”, it’s the Niawanda (Niagara) River, it’s nothing about the upper location that we already have enough votes that we’d like to go up top. 

 

Councilmember Gilbert - We can change the wording very easily…

 

Council President Zeisz - …well, we would just change it to “along the shore of Niawanda Park or the entrance of Vets Park... 

 

Councilmember Boyle - …if that’s the case, then that would only have two votes to table it and we’ve have the three votes to oppose it. 

 

 

 

 

Council President Zeisz - Well, you can make the change because you’re sponsoring it Chuck, but technically we should vote on the first thing first, we should vote to table it.  I have to vote to table it, it’s Rules of Order, I have to. 

 

Ayes: Slisz, Poole 

Nays: Gilbert, Boyle, Zeisz

Resolution declared defeated

 

Council President Zeisz -  We have a motion by Mr. Gilbert, seconded by Mr. Boyle to change the wording to “construct a pavilion along the shore of the Niawanda Park or the entrance to Veteran’s Park through funding from….

 

Councilmember Slisz – Where is the change being made?  What line?

 

Council President Zeisz – It is in the third line right after “along the shore of Niawanda Park”.  Mr. Iraci, are you following me with this?  Mr. Iraci, would you get Ron out here please?  Mr. Trabucco, we have a resident saying that what we’re doing is illegal so I wanted you to come out here and tell me that it isn’t, because it’s not.  We had a motion made by Mr. Slisz to table this resolution.  It was seconded by Mr. Poole, we took a vote, we didn’t vote to table.  Then, Mr. Gilbert made a motion to change the wording after Niawanda Park to also include the entrance to Vets Park, and then continue on, and then Mr. Boyle seconded it.

 

City Attorney Trabucco – What’s wrong with that?

 

Council President Zeisz – That’s what I’m saying, I don’t know…

 

Councilmember Boyle - …it is legal, we’re doing it legal, correct? 

 

City Attorney Trabucco –  Right.  What’s illegal about it?

 

Council President Zeisz – I don’t know.   So Mr. Gilbert, seconded by Mr. Boyle has made a motion to change the…well Mr. Gilbert can change the wording, he’s the sponsor.  So is there comments or questions on resolution #24 which has been changed to “along the shore of Niawanda Park or the entrance to Vets Park”, is there comments on that? 

 

118.     By Councilmember Gilbert                          seconded by the Councilmember Boyle

            Whereas, the City of Tonawanda has been awarded a grant in the amount of $866,970 by the Buffalo and Erie County Greenway Fund Standing Committee to design and construct a pavilion along the shore of the Niawanda Park or the entrance to Veteran’s Park, through funding from the re-licensing of the New York Power Authority, and

Whereas, the City solicited proposals for professional architect and engineering services from three qualified firms for design, bidding and construction management phase work for this pavilion, and

Whereas, after receiving and analyzing detailed proposals, including estimated professional services for the above referenced work, the Mayor and staff recommend retaining the services of Bergmann Associates, Waterfront Village Center, 40 LaRiviere Drive, Suite 150, Buffalo, New York 14202 to provide theses services (proposal and scope of work on file in the Office of the City Clerk), now, therefore, be it

Resolved, the City of Tonawanda Common Council authorizes the Mayor to execute any all documents, agreements and contracts to retain the services of Bergmann Associates for design, bidding and construction management services, at a cost not to exceed  $100,900, plus documented expenses.

 

Ayes: Gilbert, Boyle, Zeisz

Nays: Slisz, Poole

Resolution declared adopted

 

 

 

119.     By Council President Zeisz                                     seconded by Councilmember Gilbert

            Resolved, that the reading of the next 15 resolutions be waived.

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

120.     By the Council                                                              seconded by the Council

            Resolved, that permission be granted to St. Francis of Assisi Church to close Adam Street to vehicular traffic between Seymour and Clinton Streets on Saturday, June 12, 2010, from 10:00 A.M. to 9:00 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: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

121.     By the Council                                                              seconded by the Council

            Whereas, a Special Events Application and a $25.00 application fee were received by the City Clerk from the Cystic Fibrosis Foundation of WNY and

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

            Whereas, all details for the Great Strides walk-a-thon must be coordinated with our Director of Parks and Recreation, Linda Foels, and the event chairperson, now, therefore be it

            Resolved, that permission be granted to the Cystic Fibrosis Foundation of WNY to hold the Great Strides Walk-a-thon on Saturday, May 15, 2010, and be it further

            Resolved, that any overtime cost that is incurred by the City of Tonawanda must be reimbursed to the City 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 May 3, 2010.

               

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

122.     By the Council                                                              seconded by the Council

            Whereas, a $25.00 Special Events Application fee and $100.00 Special Events Police Services fee 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

            Whereas, all details for the above named event must be coordinated with our Police Department and the event chairperson, now, therefore be it

            Resolved, that permission be granted Lindsay’s Legacy 5K Run to use various streets in the City of Tonawanda for their annual 5K Run being held on Saturday, November 13, 2010, from 10:00 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, 2010.    

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

123.     By the Council                                                              seconded by the Council

            Resolved, at the recommendation of the Superintendent of Public Works that the bid for Paving Equipment and Operator Rental be awarded to Robinson Paving for a bid price of $525.00/hr.         

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

124.     By the Council                                                              seconded by the Council            Resolved, at the recommendation of the Superintendent of Public Works that the bid for Installation of Geotextile Fabric be awarded to Urban Enterprises for a bid price of $0.33/sq. yd.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

125.     By the Council                                                              seconded by the Council

            Resolved, at the recommendation of the Superintendent of Public Works that the bid for Geotextile Fabric be awarded to Great Lakes Concrete products, LLC for a bid price of $.52/sq. yd.   

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

126.     By the Council                                                              seconded by the Council

            Resolved, at the recommendation of the Superintendent of Public Works that the bid for Urban Top Blacktop, QPR 2000, #1 Stone and #2 Run of Crushed Stone be awarded to LaFarge North American, Lockport Plant, as per their submitted bid.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

127.     By the Council                                                              seconded by the Council

            Resolved, at the recommendation of the Superintendent of Public Works that the bid for Type 6F and Type 7F Blacktop be awarded to Buffalo Crushed Stone as per their submitted bid.    

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

           

            Councilmember Boyle – This is all done (the following bond resolutions) by a previous Council.  If you look at it,  it is a total of $1,500,000.  I think there is a lot of things that look kinda high in that thing but it was already OK’d by the previous Council so there is nothing we can do about it.  I just wanted to go on the record to say that.

 

128.     By the Council                                                              seconded by the Council

A BOND RESOLUTION, DATED APRIL 20, 2010, OF THE COMMON COUNCIL OF THE CITY OF TONAWANDA, ERIE COUNTY, NEW YORK (THE “CITY”), AUTHORIZING THE RECONSTRUCTION OF AND CONSTRUCTION OF IMPROVEMENTS TO VARIOUS CITY ROADS AND OTHER IMPROVEMENTS IN CONNECTION THEREWITH, AT AN ESTIMATED MAXIMUM COST OF $1,350,000, AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,000,000 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 all preliminary costs and costs incidental thereto.  The estimated maximum cost of said purpose is $1,350,000.

 

SECTION 2.  The Common Council plans to finance the estimated maximum cost of said purpose by the application of grant funds and by the issuance of serial bonds in an amount not to exceed $1,000,000 of said City, hereby authorized to be issued therefore pursuant to the Local Finance Law, said amount to be offset by any additional 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.  Unless paid from other sources, 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: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

129.     By the Council                                                              seconded by the Council

 

 A BOND RESOLUTION, DATED APRIL 20, 2010, OF THE COMMON COUNCIL OF THE CITY OF TONAWANDA, ERIE COUNTY, NEW YORK (THE “CITY”), AUTHORIZING THE ACQUISITION OF PASSENGER VEHICLES FOR USE BY THE CITY, AT AN ESTIMATED MAXIMUM COST OF $53,000, AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE AMOUNT NOT TO EXCEED $53,000 OF THE CITY, OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS 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 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 acquisition of passenger vehicles for the replacement of such similar vehicles for use by the City, including preliminary costs and costs incidental thereto.  The estimated maximum cost of said purpose is $53,000.

 

SECTION 2.          The Common Council plans to finance the estimated maximum cost of said purpose by the issuance of serial bonds in an amount not to exceed $53,000 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 77 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is three 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 that a portion of 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 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.  Unless paid from other sources, 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.

 

This Resolution shall take effect immediately.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

130.     By the Council                                                              seconded by the Council

 

            A BOND RESOLUTION, DATED APRIL 20, 2010, OF THE COMMON COUNCIL OF THE CITY OF TONAWANDA, ERIE COUNTY, NEW YORK (THE “CITY”), AUTHORIZING THE RECONSTRUCTION OF A CITY-OWNED ARTIFICIAL SWIMMING POOL, AT AN ESTIMATED MAXIMUM COST OF $95,000, AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE AMOUNT NOT TO EXCEED $95,000 OF THE CITY, OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS 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 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 a City-owned artificial swimming pool, including all preliminary costs and costs incidental thereto.  The estimated maximum cost of said purpose is $95,000.

 

SECTION 2.          The Common Council plans to finance the estimated maximum cost of said purpose by the issuance of serial bonds in an amount not to exceed $95,000 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 61 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is 15 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 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.  Unless paid from other sources, 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.

 

This Resolution shall take effect immediately.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

131.     By the Council                                                  seconded by the Council

 

               A BOND RESOLUTION, DATED APRIL 20, 2010, OF THE COMMON COUNCIL OF THE CITY OF TONAWANDA, ERIE COUNTY, NEW YORK (THE “CITY”), AUTHORIZING THE ACQUISITION OF AN EMERGENCY GENERATOR FOR USE AT THE FIRE DEPARTMENT HEADQUARTERS, AT AN ESTIMATED MAXIMUM COST OF $90,000, AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE AMOUNT NOT TO EXCEED $90,000 OF THE CITY, OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS 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 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 acquisition of an emergency generator for use at the Fire Department Headquarters, including preliminary costs and costs incidental thereto.  The estimated maximum cost of said purpose is $90,000.

 

SECTION 2.          The Common Council plans to finance the estimated maximum cost of said purpose by the issuance of serial bonds in an amount not to exceed $90,000 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 32 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is five 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 that a portion of 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 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.  Unless paid from other sources, 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.

 

This Resolution shall take effect immediately.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

132.     By the Council                                                              seconded by the Council

 

               A BOND RESOLUTION, DATED APRIL 20, 2010, OF THE COMMON COUNCIL OF THE CITY OF TONAWANDA, ERIE COUNTY, NEW YORK (THE “CITY”), AUTHORIZING THE RECONSTRUCTION OF AND CONSTRUCTION OF IMPROVEMENTS TO CITY HALL, AT AN ESTIMATED MAXIMUM COST OF $10,000, AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE AMOUNT NOT TO EXCEED $10,000 OF THE CITY, OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS 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 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 City Hall, including all preliminary work and necessary equipment, materials and related site work and any preliminary costs and other improvements and costs incidental thereto.  The estimated maximum cost of said purpose is $10,000.

 

SECTION 2.          The Common Council plans to finance the estimated maximum cost of said purpose by the issuance of serial bonds in an amount not to exceed $10,000 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 12(a)(1) of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is 25 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 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.  Unless paid from other sources, 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.

 

This Resolution shall take effect immediately.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

133.     By the Council                                                              seconded by the Council

 

 A BOND RESOLUTION, DATED APRIL 20, 2010, OF THE COMMON COUNCIL OF THE CITY OF TONAWANDA, ERIE COUNTY, NEW YORK (THE “CITY”), AUTHORIZING THE RECONSTRUCTION OF THE HEATING SYSTEM FOR THE SENIOR CITIZEN CENTER, AT AN ESTIMATED MAXIMUM COST OF $5,000, AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE AMOUNT NOT TO EXCEED $5,000 OF THE CITY, OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS 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 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 the heating system for the senior citizen center, including all preliminary costs and costs incidental thereto.  The estimated maximum cost of said purpose is $5,000.

 

SECTION 2.          The Common Council plans to finance the estimated maximum cost of said purpose by the issuance of serial bonds in an amount not to exceed $5,000 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 13 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 that a portion of 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 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.  Unless paid from other sources, 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.

 

This Resolution shall take effect immediately.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

134.     By the Council                                                              seconded by the Council

 

            A BOND RESOLUTION, DATED APRIL 20, 2010, OF THE COMMON COUNCIL OF THE CITY OF TONAWANDA, ERIE COUNTY, NEW YORK (THE “CITY”), AUTHORIZING THE ACQUISITION OF VEHICLES, MACHINERY AND APPARATUS FOR CONSTRUCTION AND MAINTENANCE FOR USE BY THE CITY, AT AN AGGREGATE ESTIMATED MAXIMUM COST OF $220,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE AMOUNT NOT TO EXCEED $220,000 OF THE CITY, OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS 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 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 classes of objects or purposes to be financed pursuant to this resolution are the acquisition of: 

 

                                (a) a vehicle, machinery and apparatus for construction and maintenance in an amount not to exceed $25,000 and 

 

                                (b) vehicles, machinery and apparatus for construction and maintenance in an aggregate amount not to exceed $195,000

(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 estimated maximum cost of said purpose is $220,000.

 

SECTION 2.          The Common Council plans to finance the estimated maximum cost of said purpose by the issuance of serial bonds in an amount not to exceed $220,000 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) such vehicles, machinery and apparatus for construction and maintenance in an amount not to exceed $25,000 is 10 years, pursuant to subdivision 28 of paragraph (a) of Section 11.00 of the Local Finance Law, and

 

                                (b) such vehicles, machinery and apparatus for construction and maintenance in an aggregate amount not to exceed $195,000 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 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.

 

This Resolution shall take effect immediately.

 

Councilmember Boyle – This is all done by a previous Council. If you look at it, it’s a total of $1.5 million dollars that’s gonna be bonded and I think there’s a lot of, I mean there’s a lot of things that look kind of high in that thing but it was already okayed by the previous Council so there’s nothing we can do about it.  I just wanted to go on record to say that. 

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

COMMENTS FROM THE PUBLIC AFTER RESOLUTIONS

 

Debbie Darling, 263 Brookside Terrace – I’d like to address the situation about the possible pavilion that might be built.  It’s something I’d like the Council to look at and take under consideration.  A lot of parks have pavilions, beautiful pavilions that people can go to.  If you’re looking at Veteran’s Park, of course that would be the prime spot to put it.   However, Niawanda Park offers something that’s very unique to our area, it would be on the water.  There’s not many pavilions around. If you’re looking at this to be a money-maker or to bring more people into the City, it might be a location that is so unique that people will want to come to that versus up in Veteran’s Park, just a suggestion.  Something else that happened in North Tonawanda several years ago, there was talk about putting in a, I’m not sure if it was a boat museum, that was going to resemble Frank Lloyd Wright.  Frank Lloyd Wright was a very well known architect in the area.  I think if we could possibly look into having this pavilion reflect some sort of Frank Lloyd Wright architecture, it would be a jewel that might bring people into the area just to see what it would look like.  Just a possibility, I don’t know if the people that you’re looking at are even capable of doing something like that but it’s something that maybe could be considered, it would be a draw to the community.  The last thing I’d like to say is actually a question.  There’s been some talk about putting in development up at Veteran’s Park and I know you’ve been looking at builders and I’d just like to know what the situation is, where it stands. 

 

Council President Zeisz – Well, where it stands is we are gonna have some brief conversation later tonight regarding that matter but I do have the intention of having a Public Hearing in the very near future to invite residents, give them an opportunity to speak and ask their questions, make their comments, and that’s probably gonna take place in the next couple of weeks. 

 

Debbie Darling - I’d just like to go on the record.  Both the things that I brought up, the pavilion and the Veteran’s Parks development, I’m 100% in favor of it. 

 

Chess Harkey, 90 Adam Street – You mentioned about the Council going (inaudible) 911 dispatch, is that correct?  (inaudible) you’re going to be putting a new communication center in? 

 

Council President Zeisz - No, that was to upgrade it.  It’s just an upgrade to our current system. 

 

Chess Harkey – So it’s still gonna be analogue.  

 

Council President Zeisz – No.

 

Chess Harkey - Because I was under the impression there was a system put into New York State to try to initialize and it failed because they couldn’t get through on 9/11.

 

Council President Zeisz - No, this is just our on-sight radio technology.  This doesn’t involve the system beyond us.  This is our local radio technology.   

 

Chess Harkey - I was just afraid there would be something else, something to say you need more money because we need more radios because they won’t work in the system.  

 

Jake McGee, 28 Gath Terrace – I’ve got a problem when I look at this $90,000 for a backup generator?  What is there to do, light up the map for the City of Tonawanda?  I mean the headquarters isn’t that big, a $90,000 expenditure? 

 

Council President Zeisz - We had some real issues during the October Storm without power and a recommendation was made to get this size generator to handle the need.

 

Councilmember Boyle – Jake, I questioned it too.

 

Jake McGee - That’s unreal.  I mean the headquarters isn’t that big.  I’ve got a little 2500 watt that took care of my house during the ice storm. 

 

Bill Kinmartin, 127 Grove Street  – During the October Storm, the radios for the Fire Department.  We had to go to the Fire House to charge them, no power, couldn’t charge them we had to go to the Fire House to plug it in to charge it.  So a generator is needed.         

 

Councilmember Boyle - Is there any idea how much the wattage is on this thing? 

 

Councilmember Gilbert - You’ve got to remember…

 

James Penberthy – …I just have a question on that resolution and does this mean that the bidders, the designers of the that are going to make plans and designs for both locations? 

 

Council President Zeisz – No, no, no.  What they’re gonna do initially is they’re going to look at the two locations, they’re gonna do borings and soil samples and also look at the sites to make a determination on the feasibility of putting it on one site or the other and then they’ll come to us for a decision on the location.  But, the engineer that we picked tonight, they will ultimately do the entire job, as far as the design, the structure, and everything.  But they will come to us first for a decision on location. 

 

Councilmember Gilbert – Mr. President, I think the Mayor wanted to have a Public Hearing on the location also. 

 

Council President Zeisz - He did, he did.  And we will do that.  We will have a Public Hearing on the location. 

 

James Penberthy - So you are asking the designer to look at both locations, decide the advantages or disadvantages for each location?

 

Council President Zeisz - Right, I mean there might be issues that preclude us from putting it in one place or the other and I certainly can’t answer those questions. 

 

Ed Gebera, 157 Brookside Terrace W. – I forgot to add, when the Fire Departments were all over the City, we had forces and steam pumps, boilers, okay?  So that’s why probably and when they start switching them, the trucks, that’s probably why they made the street one-way, one way or the other, probably the quickest way to get over from Delaware into the City itself. 

 

Dan Kancar, 109 Mullen Street – I’m wondering, we have to pick a new Chief of Police, who makes that decision?

 

Council President Zeisz – It’s a hire by the Mayor. 

 

Dan Kancar – Is there any way that we can change it, and the citizens make the decision this time, like a vote.  I think the City of Tonawanda taxpayers citizens deserve to pick somebody because it’s more of a political position than it is a regular Police Officer.  I think it makes more sense for the City of Tonawanda residents taxpayers to pick the new Chief of Police if that’s what’s gonna happen.   

 

Council President Zeisz – Well, first of all, we have a Police Chief and so I guess I’ll leave it at that right now but the Charter currently calls for all Department Heads to be hired by the Mayor.  

 

Dan Kancar – The problem I have with that is every time they hire people that are over zealous, key-stone cops,  whatever you want to call it, I don’t care if I get arrested for saying this but, we see we have these lawsuits happening.  If you ask the City of Tonawanda residents to pick these people, the next Chief, maybe you won’t have that problem, so we’ll pick someone more level headed like a Fred Foels, somebody like that would be a great Chief of Police. That’s all I gotta say. 

 

Councilmember Gilbert - Are we bound by Civil Service for that?

 

Councilmember Boyle – Not for the Chief.  Mr. President, also there were committees. 

 

Council President Zeisz - When the last Police Chief was hired, there was three separate committees put together to advise the Mayor at the time on the hire.  There was a so-called Political Committee which involved people that worked for the City and politicians, then there was the Residential Committee, and then there was the Business Committee, and those three committees made recommendations to the Mayor on the Police and the Fire Chief, but like I said, we have a Police Chief so we’ll worry about that when the day comes.

 

Roberta Faith, 194 E. Niagara Street – I saw on the news tonight about possibly putting in the meters in at Niawanda Park for parking.  If the City needs money, I’ve called plenty of times, the cars speed down East Niagara Street, they do not stop at the stop signs, they do not stop for school buses and there was almost an accident the other day when somebody had to stop on Douglas and pulled out on East Niagara and somebody else came flying down the street.  Nobody’s sitting there and watching for the traffic.  They could make a lot of money on East Niagara Street, trust me.

 

COMMENTS FROM THE COUNCILMEMBERS AFTER RESOLUTIONS

 

Councilmember Gilbert – I’d just like to say that I’m very happy and proud to see everybody come here tonight and show passion for what they believe in, for or against a certain issue.  This is what we really need from the residents of Tonawanda, to come out and voice their opinion.  It makes our job a lot easier and I applaud you all for that, for coming tonight. 

 

Councilmember Boyle – On the petitions that were handed in, the total ayes that we got from Mr. and  Mrs. Schultz was 256, yes to change it.  Now, Mr. Poole said there was about 300 on his petition not to change it.  The one from Salem Church was a total of 204.  Out of the 204, 89 were not City residents, that left 115, and looking through this thing, I think we really have to check it out because there’s handwriting in 3 or 4 of my brother, my sister, my aunt, all being done by the same thing, so really, that 204 bring down to 115, there’s not even doing this, you know it’s not even doing it.  Carl, you have to look at what’s best for the City as a whole, not just for one specific area.  I was elected in the 2nd Ward but I’m gonna do what’s best for the City as a whole.  Now going back to Morgan Street, the way that it was originally done was it came from Traffic and Safety to change Morgan Street, from Young Street to Main Street.  We have the resolution in here from the Traffic and Safety.  Now, it was my idea to turn around and say, well if you’re gonna do that, you have two block left on Morgan Street, why not do it the whole way?  Well people said, why do that?  Well, you’re gonna have two blocks of two-way traffic, and then two blocks of one-way traffic, and then eight blocks of two-way traffic.  Well, come to my house, it’s really easy, you come down Young Street, you hang a left on Morgan, you come up the Main Street, you hang a left then you go up to Fletcher, you have to go up one more street, hang a right to come on back down again.  Why leave two blocks two-way traffic?  That was the only question that I had.  You look at it and they say, well you’re gonna be pushing trucks down.  One of the gentleman, I’m not even sure if he’s here anymore, said that he was a truck driver for 20 years.  I drive 55’ coaches for Rainbow.  Now, when you’re making a turn, you want the biggest, widest turn that you can do. What’s the biggest, widest street that we have?  It’s Morgan Street by Young Street.  Right now what they’re doing is, they are working on that bridge on Young Street, they’re doing something to it.  When I went down at 11:30 A.M., image that,  they were on lunch but they’re doing work on it.  If that thing keeps getting hit, it’s gonna fall down and we have to do something to try and keep these trucks off of Morgan.  Now I have people that are in my area.    My area goes from Young Street and it goes up to Main Street.  That is my area.  Mr. Szortyka is in my area.  I feel for him.  I do.  But if it doesn’t go the whole way we still have to do something.  We are going to turn around and we are going to have to have two-way, one-way and then two-way.  That is a safety issue.  I don’t think that is safe.  I don’t think it is safe having a two-way going into a one-way going into a two-way.  I mean if you look at some of these accidents there are two of these accidents are people going down the wrong way on Morgan Street.  They could hit a semi head-on or something like that.  That is part of those accident reports that they have in this thing.  And one of those gentleman said that he lives at the most dangerous intersection.  No, I am sorry, that is not the most dangerous intersection.  The most dangerous intersection according to the accident report is Niagara at Seymour.  That is the most dangerous.  It is not the corner that the gentleman lives at, no it’s not.  That is enough of that.  I am very glad that you are here from the 1st Ward.  You just sat there, you took it all in.  I went down and I looked at the one area about where you would like to put that thing on East Niagara, I don’t care what that gentleman says, I think it is really nice to go down by Eastern Park and make it look really nice down there.  And with that Mr. President I am going to say thank you very much.

 

Councilmember Poole – I would like to echo Mr. Gilbert’s comments thanking everyone for coming out and although there were people who signed the petition who were not from the City they obviously are people who attend Salem Church and have vested interest in the City and they have a right to make their opinion known as well.  I would like to close by reiterating that “stupid mailbox”.  That mailbox is really bad and if you are by yourself in your vehicle there is almost no way to get your mail into that box.  So you really have no business stopping at that box unless you have a passenger in your car to put the mail in.  I have personally seen the back-up of people blocking Morgan Street and making a really hazardous situation there.   I really do think we need to talk to the Post Office and see what can be done about that and take it from there.  Thank you very much.

 

Councilmember Slisz – Mr. Chairman, I would like to make it very clear with my position, why I voted “no” against the resolution.  Earlier at caucus I asked the City Attorney to write to the Greenway Commission to see if that $866,000, could we have another option and that other option might be to take care of erosion rather than trying to build a building to try and make money that would compete with our own businesses here in our City.  The Town of Tonawanda, NOCO has had a pavilion exactly the same size we intend to build for several years and they have not made any money.  I have a listing from the last couple of years and they have broken even.  So that is not a money-making proposition.  But if we can get the Greenway Commission to allow us to use that $866,000 to curb some of the erosion that we have.  If we don’t, a short time from now the taxpayers will be paying for that erosion and we will need a way of getting us another option to use that money, if approved by the Greenway Commission, for the City of Tonawanda.

 

Council President Zeisz – Thank you Mr. Slisz.  I think you have heard my voice enough for tonight so I would like to thank you all for coming, have a great night and drive home safely and God Bless.

 

135.     By Councilmember Slisz                                         seconded by Councilmember Poole

            Resolved, that this Common Council adjourn until, May 3, 2010.  

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

 

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