Council Chambers

Tonawanda, New York

August 12, 2008

 

A Regular Meeting of the Common Council

 

Present:  Council President Zeisz

Present Councilmembers:  Perkins, Waterhouse, Kossow, Davis

 

Pledge of Allegiance led by Council President Zeisz

 

Prayer led by Council President Zeisz

 

COMMUNICATIONS FROM THE MAYOR

 

A letter to Assemblyman Robin Schimminger, dated July 29, 2008, regarding Code Enforcement Funding Legislation.

 

A letter to the New York State Library Division of Library Development, dated August 5, 2008, supporting the Library’s application for approval for proposed improvements.

 

A letter to the Tonawanda News, dated August 6, 2008, explaining an incorrect and inaccurate statement he made regarding the Spaulding Fibre demolition project.

 

A letter from Richard Scalzo, 164 Niagara Shore Drive, dated July 25, 2008, suggesting that the Mayor give serious thought to shortening Canal Fest.

 

A letter to the NYSDEC, dated August 1, 2008, regarding their assistance in purchasing a stump grinder.

 

A letter from various members of the Senior Citizen’s Center, stamped August 11, 2008, requesting that the Sr. Center be renamed in honor of Dorothy Ellman.

            Ordered filed

 

COMMUNICATION FROM CITY OFFICIALS AND CORRESPONDENCE

 

The following monthly reports were received by the City Clerk:

            July minutes of the Civil Service Commission

            July report of the Building Inspector

            July report of the City Clerk

            July minutes of the Board of Appeals

                        Referred to the Committee of the Whole

                            Ordered filed

 

A letter from Salem United Church of Christ, dated July 22, 2008, regarding several complaints they have received about the condition of the sidewalks around their building.

            Referred to the City Engineer

 

A letter from City Attorney Ronald C. Trabucco, dated August 7, 2008, to residents on Scott and Young Streets, regarding the parking issue along the east side of Young Street between Scott and Fremont Streets.

            Referred to the Committee of the Whole

 

Notice of a Public Hearing for the Board of Appeals for August 25, 2008, regarding a placement of a sign at 102 Main Street.

            Referred to the Board of Appeals

 

Notice of a Public Hearing for the Board of Appeals for August 25, 2008, regarding a roof over an existing front porch at 79 Coshway Place.

            Referred to the Board of Appeals

 

Notice of a Public Hearing for the Board of Appeals for August 25, 2008, regarding the installation of a 6’ fence at 147 Sharon Drive.

            Referred to the Board of Appeals

 

Notice of a Public Hearing for the Board of Appeals for August 25, 2008, regarding the conversion of an existing front porch into a living room addition at 28 Follette Lane.

            Referred to the Board of Appeals

 

Notice of a Public Hearing for the Board of Appeals for August 25, 2008, regarding the erection of a 24’ X 24’ two story garage in the rear yard at 337 Fletcher Street.

            Referred to the Board of Appeals

 

Notice of a Public Hearing for the Board of Appeals for August 25, 2008, regarding the raising of a roof at 34 Grand Avenue.

            Referred to the Board of Appeals

 

Notice of a Public Hearing for the Board of Appeals for August 25, 2008, regarding the installation of a 36’ fence in the front yard of 83 Milton Street.

            Referred to the Board of Appeals

 

Notice of a Public Hearing for the Board of Appeals for August 25, 2008, regarding the installation of a 4’ fence 10’5” from the City sidewalk at 4 Alliger Drive.

            Referred to the Board of Appeals

                        Ordered filed

           

COMMENTS BY THE PUBLIC ON RESOLUTIONS

 

There were no comments by the public.

 

MOTIONS AND RESOLUTIONS

 

175.     By the Council                                                  seconded by the Council

            Resolved, at the recommendation of the City Engineer, Jason J. LaMonaco, P.E., that award of the contract for groundwater sampling services for 153 Fillmore Avenue be made to Stearns & Wheler, LLC, at a cost not to exceed $9,800.00.

           

Ayes:  Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays:  None

                                                Resolution declared adopted

 

176.     By the Council                                                  seconded by the Council

                Whereas, Local Law No. 3 for the year 2008 for the City of Tonawanda entitled:

 

                                A Local Law providing for Flood Damage Prevention as

                                authorized by the New York State Constitution, Article IX,

                                Section 2 and Environmental Conservation Law, Article 36

 

was unanimously introduced to the Common Council on July 22, 2008, and laid upon each Council Member’s desk for seven days, excluding Sunday; and

                Whereas, proposed Local Law No. 3 for the year 2008 has been reviewed and deliberated upon by the Common Council; now, therefore be it

                Resolved, that the Common Council hereby approves and enacts Local Law No. 3 for the year 2008, on file in the office of the City Clerk.

 

Ayes:  Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays:  None

                                                Resolution declared adopted

 

177.     By the Council                                                  seconded by the Council

            Resolved, that City of Tonawanda Mayor Ronald J. Pilozzi be authorized and directed to hold a Public Hearing, pursuant to legal publication, regarding Local Law No. 3 for the year 2008, entitled:

 

                        A Local Law providing for Flood Damage Prevention as

                        authorized by the New York State Constitution, Article IX,

                        Section 2 and Environmental Conservation Law, Article 36

 

and be it further

            Resolved, that this Public Hearing shall be held on Tuesday, August 26, 2008, at 7:00 P.M. in the City Hall Common Council Chambers, 200 Niagara Street, Tonawanda, New York.

           

Ayes:  Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays:  None

                                                Resolution declared adopted

 

178.     By the Council                                                  seconded by the Council

                Resolved, that permission be granted to the Zonta Club of the Tonawandas to close off Erie Street from Klinger Street to Wheeler Street on Friday, September 5, 2008, from 5:00 P.M. to 11:00 P.M. to hold a fund-raising event called “Dancin’ in the Street” to benefit local charities and be it further

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

           

Ayes:  Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays:  None

                                                Resolution declared adopted

 

179.     By the Council                                                  seconded by the Council

            Resolved, that permission be granted to St. Francis of Assisi Church to close Adam Street between Seymour and Clinton Streets to vehicular traffic on Saturday, October 4, 2008, from 12:00 P.M. to 9:00 P.M. to hold an outdoor parish celebration and be it further

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

 

Ayes:  Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays:  None

                                                Resolution declared adopted

 

180.     By the Council                                                  seconded by the Council

                Resolved, that permission be granted to the residents of Milton Street from Delaware Street to      Dexter Street to hold a block party on Saturday, August 30, 2008, from 2:00 P.M. to 11:00 P.M. and be it further

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

               

Ayes:  Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays:  None    

                                                Resolution declared adopted

 

181.     By the Council                                                  seconded by the Council

            Whereas, a $25.00 application fee and application was received by the City Clerk from St. Francis of Assisi Church and

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

            Resolved, that permission be granted to St. Francis of Assisi Church to hold an outdoor mass and concert on Saturday, August 23, 2008, from 4:00 P.M. to 10:00 P.M. and be it further

            Resolved, that a certificate of insurance be filed with the City Clerk naming the City as additional insured no later than August 15, 2008.

 

Ayes:  Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays:  None

                                                Resolution declared adopted

 

COMMENTS FROM THE PUBLIC AFTER RESOLUTIONS

 

There were no comments from the public.

 

COMMENTS FROM THE COUNCILMEMBERS AFTER RESOLUTIONS

 

Councilmember Davis – Just an update on the sump pump testing by the DEC, they have not issued a final report yet to the residents or the City Officials.  There is now no ETA, that hasn’t happened but as soon as it happens the residents and the City Officials will know once they get the documentation from that.  It is a shame the Saturday Night concerts were cancelled because they benefited both communities.  Because of the carelessness of a few individuals, granted they were selling alcohol to minors but Labatt’s should have been fined a little bit more than just cancel the concerts all together because they had such a large draw with the community down on our waterfront. They really helped to showcase it.  Lastly, the article that talked about the red-tape regarding Spaulding, it is not so much the red-tape as the State laws that are in effect to help protect everybody involved whenever there is State money that gets handed out for projects of this magnitude and it is not any of our State representatives fault that the money has taken as long as it has taken to get to us but to put things in prospective we also approximately around the same time got the announcement from the feds of the appropriation that was supposedly coming through HUD.  We haven’t received any documentation, Mayor, that I know of unless you have, but we haven’t received any documentation (inaudible) anything like that, so the State is by far a little bit more advanced then the feds are right know.  We might not see the federal money at the earliest the end of the year.  Thank you Mr. President.

 

Councilmember Perkins – I have nothing.  Thank you.

 

Councilmember Kossow – I would just like to issue my disappointment as well with regards to the Saturday night concerts.  Attending the concerts over the years, as Mr. Davis indicated it was a great draw for not only local residents but to showcase the Twin Cities and Gateway Harbor to all residents of Erie County and Niagara County.  Hopefully, this will be resolved next year.  Again it is just disappointing at the loss of the concerts.  Thank you Mr. President.

 

Councilmember Waterhouse – At this time I would like to publicly thank Joe Ulanowski for his help with a problem that I had with a property on Minerva Street.  One of the neighbors had called me about a neighbor’s house being in desperate need of repair and he wasn’t having any luck with the owners.  So I contacted Joe and he went out right away and got a hold of the owners and I’m glad to say they have started to clean up the property there.  So I just wanted to thank him for his help.  That is it Mr. President.

 

Mayor Pilozzi – I would like to also thank Joe Ulanowski.  He’s done a terrific job everywhere in the city to help to make sure that people are maintaining their property, but he also has a way about him that allows good interaction between the people who own the property in getting the job done.  He’s done a terrific job.  I would also like to thank Mr. Grant Lesswing from the Erie County Industrial Development Agency.  I can’t remember, it was about four or five weeks ago he came into my office, along with representatives from Leisure Living.  My Administrative Assistant, Sam Iraci, was there as was their Chief Financial Officer, Mr. Bill Lanning.  At that meeting it was kind of gloom & doom because it was felt initially that we would not be able to help fund Leisure Living’s move to the City of Tonawanda because it was deemed to be an off the street retail type business.  What we said at that meeting was that’s not true and it was an internet-type business.  It is a business that uses the internet and mail order sales.  Within two hours after that meeting I received a phone call that the Erie County Industrial  Development Agency was going to back the project.  Subsequent to that, we also found out that they were very interested in the building in the front of the old office building from Remington Rand.  Again, we put our heads together and came up with an opportunity to fund it through a $4.5 million collateral mortgage.  In short order, that property is going to be back in full use and it is going to be nice to see, and that includes the building in front.  If you look at that, together with the Main Street Beautification Project, the Spaulding Fibre situation, taking that corridor of  the City and kind of changing the face of it rather rapidly.  In some cases it’s slower than most of us want, but that is just the way government works, unfortunately.  Councilman Davis mentioned the federal money, that money is being funneled through HUD and is supposed to be, as I understand it anyways, headed up by Mr. Ken Swanenkamp from Erie County Department of Planning and Environment and to my knowledge, he is still waiting also.  But at least the money is somewhere in cyberspace.  It will get to us sooner or later.  I handed the budget to the Councilmembers, but today if you look at the front page of the Buffalo News, you will see that our Governor is giving us all fair warning that there might be some kickbacks.  Unfortunately, the budget has been prepared and is in the Council’s hands now and they have until mid September to approve or disapprove to change it.  Whatever the case, it is going to be very tentative at best when you are not sure what the Governor is going to do.  The monies that we put into that budget, and our Treasurer, Joe Hogenkamp, will verify this is that it is based on monies that were promised and based on former years contributions to our bottom line.  Let’s cross our fingers on that one and hope for the best.  If anybody is available, I believe it’s Thursday at 10:00 A.M. or 11:00 A.M., it should be in the paper, but there is a special event at the Fisherman’s Park at the Marine Monument for Guadalcanal Vets.  So if anyone is interested, please avail yourself to that. 

 

Council President Zeisz – I don’t have anything further.  We will be meeting after we come off the floor in the back if anyone would like to sit in and listen to what’s happening.  I just want to thank everyone for coming tonight.  Have a great night and drive home safely.  Thank you.

 

ADJOURNMENT

 

182.     By the Council                                                  seconded by the Council

            Resolved, that this Common Council adjourn until August 26, 2008.  

 

Ayes:  Perkins, Waterhouse, Kossow, Davis, Zeisz

Nays:  None

                                                Resolution declared adopted

 

 

 

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