Council Chambers

Tonawanda, New York

June 15, 2010

 

A Regular Meeting of the Common Council

 

Present:  Council President Zeisz

Present Councilmembers:  Boyle, Slisz, Poole

Excused:  Gilbert

 

Pledge of Allegiance led by Council President Zeisz

 

Prayer led by Council President Zeisz

 

COMMUNICATIONS FROM THE MAYOR

 

A letter from Time Warner Cable dated May 27, 2010, apprising developments affecting Time Warner Cable subscribers in the Western New York Division.

 

A letter from the Director of the New York State Canal Corporation dated May 20, 2010, identifying the “Tonawanda Wall” as part of the Canalway Water Trail.

 

A letter from Ernest J. Miles 56 Eugene Street stamped June 2, 2010, regarding various issues and complaints he has with the City.

 

A letter from David Battaglia, Chairman of the Civil Service Commission, dated June 7, 2010, regarding the proposed anti-nepotism policy the City is proposing.

 

A letter to Mueller Insurance Services, American Legion Post #264, Cipriano Real Estate, Vietnam Veterans Chapter #77 and Kory Schuler, President of the Downtown Merchants Association, dated June 4, 2010, regarding parking issues between employees and or members of various organizations located in the downtown business district.

 

A letter to all City of Tonawanda committees and boards dated June 4, 2010, regarding the handling of all funds accumulated and spent by committees and boards in the City of Tonawanda.

 

A letter to the New York State Department of State dated June 9, 2010, regarding reimbursement for a Fire Department Capital Improvement of $3,500.00.

 

A letter from the Dormitory Authority of the State of New York dated June 8, 2010, regarding CCAP Grant – Purchase and Installation of a Digital Recording Security System.

 

A letter from the Assistant Superintendent for Pupil Personnel Services of the Tonawanda City School District dated June 7, 2010, stating that they passed a resolution to end funding of the Family Assistance Center of the Tonawandas (FACT).

 

A letter from Time Warner Cable dated June 9, 2010, updating their services.

 

A letter from the City of Tonawanda Superintendent of Schools dated June 14, 2010, regarding the parking lot across the street from Highland School and Highland playground.  They also inquired about Veteran’s Park baseball fields.

            Ordered filed  

 

COMMUNICATION FROM CITY OFFICIALS AND CORRESPONDENCE

 

The following monthly reports were received by the City Clerk:

            April Activity Report of the Fire Department

May monthly report of the City Clerk

May minutes of the Plumbing Board

            June minutes of the Civil Service Commission

            Revenue & Expense Report for the City of Tonawanda General Fund Budget

 and Sewer Fund Budget as of June 15, 2010.

                Referred to the Committee of the Whole

                        Ordered filed

 

Fact Sheet from the DEC dated May 2010, regarding the titled Cleanup Completed at Superfund Portions of the Spaulding Composites Site in Tonawanda.

            Referred to the Committee of the Whole

 

A letter to Angelo Natale, President of Natale Building Corporation, dated June 2, 2010, regarding the Little League Drive Housing Development.

            Referred to the Committee of the Whole

 

A letter to Whitney K. Vantine, Ed.D., dated June 3, 2010, regarding the purchase of Highland School and the property by Little League Drive.

            Referred to the Committee of the Whole

                        Ordered filed  

 

MOTIONS AND RESOLUTIONS

 

181.     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: Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

           

182.     By the Council                                                              seconded by the Council

            Be it Resolved, that Chapter 14 of the Code of the City of Tonawanda entitled “Buildings and Building Regulations”, Article 3, Electrical Standards is hereby amended to add a new division which shall be Division 3. Licensing of Electricians which reads as follow:

Division 3.  Licensing of Electricians

 

Sec. 14-255.  Master Electrician’s License required;  work performed by utility companies.

 

A.     It shall be unlawful for any person, firm or corporation to engage in, carry on or conduct or to hold himself or itself out as being able to engage in, carry on or conduct any business involving electrical work in the City of Tonawanda, New York, unless such business shall be conducted under a current master electrician’s license issued in accordance with the provisions hereof.  A person, firm or corporation shall be deemed to be licensed if such person, firm or corporation is a license holder of if such person, firm or corporation is an employee or subcontractor of a licensed person, firm or corporation in accordance with the provisions of Section 14-252g(2) herein contained.

 

B.     A licensee may hire employees to do electrical work or may or may subcontract such work, but in any event all electrical work must be done by or under the supervision of a master electrician.

 

C.     Electrical work performed by a utility company in its normal function of supplying its particular service to the meter of any building, structure or premises may be performed without a license and need not be under the supervision of a master electrician.

 

Sec. 14-256.  Licensing application and procedure; restrictions; fees.

 

A.     The Building Inspector shall issue an electrician’s license to any qualified person, firm or corporation upon presentation of a duly completed and executed application, payment of the fee as required herein and filing of the certificate of insurance as required herein.  The information required in the application shall be determined by the Building Inspector .

 

B.     An applicant for an electrician’s license shall be deemed qualified as follows:

1.      If a person, such person or at least one full-time employee of that person must hold a master electrician certificate.

2.      If a firm, in the case of a partnership, at least one active partner or full-time employee thereof holds a master electrician certificate or, in the case of a sole proprietorship, the owner or at least one full-time employee holds a master electrician certificate.

3.      If a corporation, such corporation has at least one full-time employee holding a master electrician certificate.

 

C.     An application for an electrician’s license shall be duly completed when the following requirements are met:

1.      A qualified person states his name and address, the name and address of his business establishment and the name and address of the master electrician in his employ.

2.      A qualified firm or corporation states the name and address of the business establishment and the names and addresses of its partners in the case of a partnership, its owner’s name and address in the case of a sole proprietorship or the names and addresses of its officers and directors in the case of a corporation; in addition, such firm, corporation, partnership or sole proprietorship shall also disclose the name and address of the master electrician in its employ.

3.      Such qualified person, firm or corporation shall complete and execute an application for an electrician’s license in such form as may be prescribed and amended from time to time by the Building Inspector and furnish such information as the Building Inspector shall require.

 

D.     The fee for a Master Electrician’s license or for any renewal thereof to conduct an electrical business shall be as established in Sec. 30-133(b).

 

E.      The licensee shall file with the Building Inspector a policy or certificate of insurance evidencing coverage for the licensee’s operations and naming the City of Tonawanda, New York, as an additional insured in the amount of $1,000,000 combined single limit for bodily injury and property damage liability.

 

F.      Such license shall be valid from the date of issue to December 31 of the year issued.  The licensee may renew the license by submitting to the Building Inspector within 30 days preceding expiration of the license, such documentation and information as the Building Inspector may require, paying the required fee and furnishing the certificate of insurance required by this chapter.

 

G.     Restriction on use of license.

1.      Except as herein provided, no licensed person, firm or corporation duly licensed pursuant to this chapter shall allow his name to be used by any other person, firm or corporation, either for the purpose of obtaining a license under this chapter, a permit under Chapter 14, Buildings and building Regulations, of the Code of the City of Tonawanda, New York, or doing any work under his license.

2.      This restriction shall not prohibit a person, firm or corporation, duly licensed pursuant to this chapter, from subletting an electrical job or portion thereof to another person, firm or corporation, provided that such arrangement is disclosed on the application for an electrical permit as prescribed by Chapter 14, Buildings and building Regulations, of the Code of the City of Tonawanda, New York, and that the licensed person firm or corporation subletting such work shall be responsible for all such work.

3.      A license is not transferable or assignable to any successor in the business or to any person whosoever under any circumstances.

 

H.     Within seven days of the change, any licensed person, firm or corporation, as applicable, shall notify the Building Inspector, in writing, of the following:

1.      A change with respect to the employment status of a master electrician.

2.      A change with respect to the slate of officers and/or directors of a corporation.

3.      A change with respect to the partners comprising a partnership.

4.      A change with respect to the owner of a sole proprietorship.

 

I.        During any license year, it shall be the obligation of every licensed person, firm or corporation to be in continuous compliance with the qualifications and requirements needed to obtain an electrician’s license and in the event of a failure to do so, the license issued shall become null and void and the licensee shall immediately surrender such license to the Building Inspector.

 

J.       Such license shall be subject to revocation, in the discretion of the Building Inspector, upon conviction of the licensee or any master electrician in the employ of a licensee of a violation of this chapter or Chapter 14, Buildings and Building Regulations, of the Code of the City of Tonawanda, New York.  Such license shall not be restored for one year after conviction and thereafter only by the discretion of the Building Inspector, provided that he is satisfied that the applicant has taken steps to assure that such violation will not occur again.

 

K.    A violation of this Article Chapter 14 committed by any agent, servant or employee of a licensee shall also be deemed a violation by the licensed person, firm or corporation and the master electrician under whose employ or supervision such violation occurred.

 

Sec. 14-257.  Master electrician certificate: fee.

 

A.     A master electrician shall be a natural person who holds a master electrician certificate issued pursuant to this chapter.

 

B.     A master electrician certificate shall be issued by the Building Inspector if a person has qualified for and received a grade of at least 75% on an examination as provided by Prometric, or an approve testing agency entitled Master Electrician within 3 years of the date of application for a master electrician certificate

 

C.     Such examination shall be the sole responsibility of the applicant.  In order to qualify to receive an application to take such examination, a person must:

1.      Satisfactorily demonstrate to the Building Inspector that he has worked under the supervision of a licensed master electrician as a journeyman electrician for a period of 5,000 hours, performing the following:  the installation, maintenance, extension and alteration of wiring, fixtures, appliances and appurtenances in connection with all of the following:  electrical distribution, wiring and protection, methods and materials, special occupancies, grounding, motors and controllers, transformers, fire protection systems, optical fiber systems, communications systems and any other type of installation as required by the National Electrical Code, as amended from time to time.

2.      Satisfactorily demonstrate to the Building Inspector that he has a thorough knowledge and understanding of the National Electrical Code, as amended from time to time.

3.      The fee for a master electrician’s certificate shall be as established in section 30-133(a).

4.      Satisfactorily demonstrate to the Building Inspector that applicant is of good moral character.

D.     Any person who fails, upon demand by the Building Inspector, his duty or assistants to produce a master electrician certificate within a reasonable time shall be presumed not to be the holder of a master electrician certificate.

 

E.      It shall be unlawful for any person to hold himself out as a master electrician unless he is the holder of a valid master electrician certificate.

 

F.      Waiver of examination.

1.      The Building Inspector is empowered to waive the examination requirement for any person who currently holds a valid 2010 Master Electrician’s license issued by a city, town or village which has comprehensive competency examination requirements for the issuance of a master electrician license.

2.      Such person must comply with all of the requirements associated with this chapter.

3.      In the event that the Building Inspector waives the requirement for an examination as provided herein, the person receiving such waiver shall pay a fee of $100 in order to receive his master electrician’s certificate.

4.      The Building Inspector shall not issue any waivers of examination after December 31, 2010.

 

Sec. 14-258 – 14-260:  Reserved.

 

and be it further Resolved, that all other sections of said ordinance shall remain unchanged and in full force and effect;  and be it further

 

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

 

Ayes: Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

183.     By the Council                                                              seconded by the Council

Be it Resolved, that Chapter 30 entitled “FEES” Article 5 entitled Buildings and Building Regulations shall be amended to add a new Section 30-133 entitled Electrician’s license which reads as follows:

 

            Sec. 30-133(a)          The fee required by Section 257(c)(3) shall be $100.00. 

 

Sec. 30-133(b)   The fee required by Section 14-266(d) shall be $100.00.                           

 

and be it further resolved,  that all other sections of said Ordinance shall remain unchanged and in full force and effect; and be it further

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

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

184.     By Council President Zeisz                                     seconded by Councilmember Poole

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

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

 

 

 

 

185.     By the Council                                                              seconded by the Council

            Whereas, the New York State Department of Agriculture & Markets has proposed in the Governors Budget to remove the licensing of dogs from the State control and turning it over to all local municipalities in New York State; and

            Whereas, under Senate Bill S.2211 and Assembly Bill A.10330 the legislatures have proposed a requirement that all dogs must be micro-chipped and a registry of dogs be created, which the City of Tonawanda believes creates an undue burden on dog owners which may result in fewer licensed dogs and creates an undue burden on local municipalities to regulate and enforce compliance of these provisions; and

            Whereas, the Senate has also introduced under Bill S.2219 a law requiring all dogs and their owners to successfully complete basic obedience training prior to being granted a dog license, which the City of Tonawanda also believes creates an undue burden on dog owners which may result in fewer licensed dogs and creates an undue burden on local municipalities to regulate and enforce compliance of these provisions; now, therefore be it

 

            Resolved as follows:

 

1.      The City of Tonawanda opposes Senate Bill S.2211 requiring all dogs in New York State to be micro-chipped and a registry of dogs to be created and requiring all dogs and their owners to successfully complete basic obedience training prior to being granted a dog license, which will create an undue burden on dog owners, which may result in fewer licensed dogs and creates an undue burden on local municipalities to regulate and enforce compliance of these provisions.

 

2.      The City of Tonawanda opposes Assembly Bill A.10330 requiring all dogs in New York State to be micro-chipped and a registry of dogs to be created, which will create an undue burden on dog owners, which may result in fewer licensed dogs and creates an undue burden on local municipalities to regulate and enforce compliance of these provisions.

 

3.      The City of Tonawanda opposes in general the proposal to shift the cost burden of licensing dogs to local municipalities.

 

4.      The City Clerk is hereby ordered to send a certified copy of this resolution to the City’s local Senate and Assembly representatives and to Governor Patterson.

 

5.      This resolution will take effect immediately.

 

Ayes: Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

186.     By the Council                                                              seconded by the Council

Whereas, the City of Tonawanda owns a strip of land approximately ten feet wide running between Young Street and Broad Streets which abuts all of the business properties fronting on Main Street known as numbers 5, 11-13, 19, 27-31, 33-35, 39-43, 45-47, 49, 51-55, 57 and 63 Main Street.   This ten foot wide strip is commonly referred to as Koenig Alley; and

Whereas, over the years various business owners and tenants of those business properties have requested the use of the ten-foot wide strip that abuts their respective properties; and

Whereas, the Common Council has now determined that it is in the best interest of the City to provide this alley property to the business owners and tenants; and

Whereas, New York State General City Law Section 23(2)(b) authorizes the City to lease the subject premises subject to certain conditions; now, therefore be it

Resolved, that the ten-foot wide strip of land situate behind and adjacent to the various business properties known as          5 Main Street, 11-13 Main Street, 19 Main Street, 27-31 Main Street, 33-35 Main Street, 39-43 Main Street, 45-47 Main Street, 49 Main Street, 51-55 Main Street, 57 Main Street and 63 Main Street in the City of Tonawanda, New York be offered for lease at public auction to be held by the City Treasurer at such time and place as he may in his discretion determine; and be it further

Resolved, that notice of said Public Auction be given at least once each week for three successive weeks in at least one newspaper of general circulation and that it be leased to the highest bidder at said Auction; and be it further

Resolved, that said property shall be auctioned subject to the following:

 

            1.            The terms of the lease shall be for one year.

 

2.         The minimum rental amount shall be $250.00 per year for each parcel.

 

            3.            The property shall be used solely for parking properly

                        registered, licensed and insured motor vehicles.

 

            4.            The proposed lease shall be drafted by and subject to

                        the approval of City Attorney Ronald C. Trabucco.

 

            Be it further resolved, that the City retains the right to reject any and all bids;

 

            Be it further resolved, that any and all costs associated with the lease shall be borne exclusively by the lessee; and be it further

Resolved, that such Public Auction will not be final until the adoption of a resolution of this body approving the same.

 

Ayes: Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

           

187.     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 Checkers Athletic Club/Mueller Services 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 above named event must be coordinated with the Police Department and the event chairperson, now, therefore be it

            Resolved, that permission be granted to Checkers Athletic Club/Mueller Services to hold “The Mueller Mile” on Thursday, August 12, 2010, from 7:00 P.M. to 10:00 P.M. and be it further

            Resolved, that any overtime cost that is incurred by the City of Tonawanda must be reimbursed to the City by Checkers Athletic Club/Mueller Services 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 August 6, 2010.

 

Councilmember Boyle – here now it’s a three hour window, you know, how we’re saying that mostly the races go, a slow walker will do it in about, seven to ten, that’s the post race party and chances are the post race is gonna be behind, that’s not gonna have anything to do with the Police Department, it’s just gonna have blocking of the streets.  I said one thing and then it’s coming out, oh man, I just wanted to state that.  Thank you.  

 

Ayes: Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

188.     By the Council                                                              seconded by the Council

            Resolved, that permission be granted to the residents of Ridgedale Circle from Luksin Drive to Follette Lane to hold a block party on Saturday, July 31, 2010, from 11:00 A.M. to 11:00 P.M. and be it further

 

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

 

Ayes: Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

           

189.     By the Council                                                              seconded by the Council

            Resolved, that permission be granted to the residents of Mitchell Drive from Sharon Drive to Karen Drive to hold a block party on Saturday, July 3, 2010, from 1:00 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: Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

190.     By the Council                                                              seconded by the Council

            Resolved, that permission be granted to the residents of Broad Street from Franklin Street to Wheeler Street to hold a block party on Saturday, August 21, 2010 from 11:00 A.M. to midnight, with a rain date of Sunday, August 22, 2010, and be it further

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

 

Ayes: Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

           

191.     By the Council                                                              seconded by the Council

Whereas, in accordance with Sections 2.025 and 3.051 of the Charter of the City of Tonawanda, New York, the Mayor of the City of Tonawanda has the authority to appoint City department heads subject to the consent and confirmation by the Common Council, and

Whereas, former City of Tonawanda Police Chief Cindy Young retired from her position effective May 23, 2010, and

Whereas, Mayor Ronald J. Pilozzi, pursuant to the powers vested in him under the above referenced Sections of the City Charter, has appointed John F. Ivancic, 193 Brookside Terrace West, Tonawanda, New York 14150, to the position of Police Chief for the City of Tonawanda Police Department, effective upon the consent and confirmation of the Common Council, with an annual salary of $ 92,336, and

Whereas, Captain John Ivancic has served with distinction in the City of Tonawanda Police Department beginning on August 1, 1990, with his appointment as Police Officer, his appointment as Police Lieutenant on January 16, 2001, his appointment as Police Captain on March 17, 2008 and service as Acting Chief on several occasions, and has earned numerous training and evaluator and instructor certifications, now, therefore, be it

Resolved, that the Common Council hereby confirms and consents to the appointment of Police Captain John F. Ivancic to the position of Police Chief, of the City of Tonawanda Police Department, effective June 15, 2010, at an annual salary of $92,336, and be it further

Resolved, the Common Council of the City of Tonawanda wishes Chief Ivancic its congratulations and best regards in administering the important duties of Police Chief, including the important responsibility of leading the highly qualified men and women of the City of Tonawanda Police Department. 

 

 Councilmember Boyle – I was on the Council when the last Police Chief was appointed.  It was a long drawn-out process, with different committees.  This one fell directly on the Mayor and I think the Mayor hit the nail right on the head with appointing Chief Ivancic and I congratulate him and good luck. 

 

Ayes: Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

192.     By the Council                                                              seconded by the Council

            Whereas, the City has carefully considered the merits of developing new, single family detached housing on a 16+/- acre parcel of City owned property commonly known as 151 Little League Drive (parcel), and

Whereas, the benefits of new residential housing include, in part: building the City’s taxable property tax base; offering a new housing product not currently available in the City housing market to attract new residents and maintain current City population levels; strengthening and complimenting the existing Fletcher Street neighborhood; attracting additional residents to support existing City commercial and retail business, and

Whereas, the City previously requested, and successfully secured, New York State Legislative approval to “alienate” the 151 Little League Drive parcel for purposes other than the existing open-space/ parkland purposes, and

Whereas, this parcel is currently zoned R-1 (single family residence district), and the proposed use is compatible and consistent with existing the City’s zoning ordinance, and

Whereas, in October 2009, the City prepared a Request For Proposals (RFP) document, and provided public notice the City was requesting proposals for the development of 151 Little League Drive, consistent with existing City zoning ordinance and criteria contained in the City’s RFP, and accepted responses and proposals in January 2010, resulting in City interviews with three qualified developers, and

Whereas, after careful consideration of those proposals, the City has determined the experience, successful development history and its proposal’s consistency with City goals, criteria and objectives contained in the City’s RFP, to designate Natale Building Corp. as the designated developer for the parcel, subject to the terms contained in the  document that is  made part of this designation resolution, now therefore, be, it

Resolved, the Common Council of the City of Tonawanda formally approves Natale Builders Corp as the Designated Developer for approximately 55-60 single family, detached residential structures located at 151 Little League Drive, subject to and contingent upon the following terms and conditions and authorizes the Mayor to sign any and all documents related to this designation.   

 

City of Tonawanda

PROVISIONS OF DEVELOPER DESIGNATION

of

Natale Builders Corp.

 

151 LITTLE LEAGUE DRIVE

Housing Subdivision

 

By resolution approved by the City of Tonawanda Common Council at its regularly scheduled meeting held on June 15, 2010, approved designating Natale Builders Corp. (Natale) as the preferred developer of approximately 55-60 new, single family detached homes on 16 +/- acre City owned property commonly known as 151 Little League Drive, subject to the following terms and conditions:

 

1)             The designation period will be for a six (6) month period of time, beginning on June 16, 2010 and expiring on December 16, 2010, with a six (6) month extension period.

 

2)             Submission by the Developer of a detailed construction and site plans for approval by the City of Tonawanda Planning Board (Board), including landscaping and necessary retention basins, for approval by the Board and Council. Submission of both the detailed site plan and construction plans shall be submitted within the designation period, including the six (6) month extension period should that option be exercised. 

3)             Submission of a color rendering of the property suitable for presentation to the Board and Council.

 

4)             Submission by the Developer of clear evidence of equity capital and construction/permanent financing necessary for the successful completion of the project.

 

5)             Payment of a designation fee in the amount of $500 per month by the Developer to the City, payable within five (5) days from the date of designation and due thereafter the first day of every month. In the event the Developer shall exercise its option to acquire said property pursuant to a Land Disposition Agreement (LDA), to be negotiated between the City and Developer, said option fee payments shall be applied as a credit toward the purchase price. In the event the Developer shall not proceed with the development of the proceed within the designation period, the Developer shall forfeit all payments made and the City shall retain these payments.

 

6)             Developer is responsible for performing any soil borings and soil investigations, pursuant to a license agreement provided by the City, for

the purpose of determining, to the Developer’s satisfaction, the suitability of the property for the intended use. The Developer is also responsible for properly addressing mitigating wetlands previously identified on the property in a manner favorable to all state and federal agencies. Environmental investigations and testing shall be completed within the developer designation period, including the six (6) month option period, or June 15, 2011.

 

7)             Upon signing a LDA, payment by the Developer to the City of a non-fundable deposit, in the amount of ten percent (10%) of the agreed selling price. Terms of a potential sale of property by the city to Natale to be negotiated between the parties.

 

8)             Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fees and or demolition liens or any other liens owned by the City, or if code violations exist on any property owned by the Developer, they are deemed ineligible for designation.

 

9)             The Developer shall provide a monthly up-to-date progress report with project schedule and Sources and Uses project budget.

 

10)      Submission of a preliminary market study and marketing plan, including target dates and timeframes.

 

11)      Should the Natale due diligence process determine site conditions or governmental approvals negatively impact, to a significant degree, the feasibility and scope of the proposed project, as outlined in the Natale response to the City’s RFP, and the project cannot proceed, deposits provided by Natale to the City shall be refunded.

 

Council President Zeisz – I just have a couple comments and it’s more for the benefit of those that may live in that area or are interested in purchasing a home in that area.  This is probably going to be anywhere from an 8-12 month process just to get to the point of actually building a home.  The plan is, short term, that tentative drawings and a layout will be put together probably in about three months at which time, we’ll have a public forum where people can come in, express their opinions, there will be notifications sent to people that live right on Fletcher, adjoining the property and in the surrounding area, but this will take time and just so that everyone understands, we are not turning the property over to the developer at this point in time.  There’s obligations that have to be met, and then what will happen is, down the road when we reach the point where the developers work through different permit processes and design processes, financial, things like that, then it will get to the point where it will come back to the Common Council to actually turn over the land to the developer.  I also, when we get to the open comments section, I did want to recognize the fact that Angelo Natale is with us tonight as we follow through with this resolution.  This has been a long time coming, it probably goes back about seven years ago when the topic of building homes on this primarily vacant property since the portion that was used by Little League has not been used in years and some of the land has really been vacant for years.  In fact, going back as far, and I’m guessing about 1952, that property was laid out for 50 homes to be built and, of course, that never transpired but what had happened, apparently at one point in time when the park was being designated, they just basically blanketed the whole property and called it Vets Park. In reality everyone knows Vets Park starts beyond the water tower where the ball fields are.  For anyone that’s concerned, the ball fields are staying, none of that’s changing, this is purely the strip of land from the creek, up to the, I can’t think of the exact location behind the High School, but it faces…Rogers, right up to Rogers.  So there’ll be plenty of opportunity for people to voice their concerns or opinions, what have you.  I do know there’s already been quite a bit of interest in people looking to purchase a new home in this area and I can only hope, and I have full confidence that this will do nothing but positively impact this community. 

 

Ayes: Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

           

193.     By the Council                                                              seconded by the Council

            Whereas, the existing City of Tonawanda Personnel Benefits and Policy Manual, updated in February, 2010, contains approved City policy statements on a Code of Ethics in Section 4.05 and a Drug Free Policy in Section 4.01; and

            Whereas, from time-to-time it is necessary and advisable to update such policies to reflect changes in federal and/or state laws and to adopt procedures that improve the likelihood of addressing the goals and objectives those policies are designed to achieve; and

            Whereas, the City has prepared revisions to the existing policy documents previously referenced, now, therefore be it

            Resolved, the City of Tonawanda Common Council has reviewed revised Code of Ethics and Pre-Employment and Employment Drug Free Workplace policy statements for approval and placement in the City’s Personnel Benefits and Policy Manual (Manual) and hereby approves these policy statements, which are on file in the Office of the City Clerk, and directs staff to formally replace the existing Drug Free Policy Statement in Section 4.01 and the existing Code of Ethics Statement with Section 4.05 of the Manual. 

 

Ayes: Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

194.     By the Council                                                              seconded by the Council

            Resolved, that Christopher B. Abramo, 15 Taylor Drive, Tonawanda, New York, be appointed Commissioner of Deeds, term to expire December 31, 2010.

 

Ayes: Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

195.     By Councilmember                                                            seconded by Councilmember

            Whereas, a Special Events Application and a $25.00 application fee were received by the City Clerk from Mississippi Mudds 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 above named event must be coordinated with the Police Department and the event chairperson, now, therefore be it

            Resolved, that permission be granted to Mississippi Mudds to hold their annual 5K Run through various streets in the City on Saturday, August 14, 2010, from 6:30 P.M. to 11:00 P.M. and be it further

            Resolved, that any overtime cost that is incurred by the City of Tonawanda must be reimbursed to the City by Mississippi Mudds 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 August 2, 2010.

 

Ayes: Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

           

COMMENTS FROM THE PUBLIC AFTER RESOLUTIONS

 

Ed Gebera, 157 Brookside Terrace W. – I want to know how we’re doing with Spaulding Fibre.  How much money have we got in there so far?  There’re still working strong. 

 

Council President Zeisz – Well, let’s put it this way.  It takes eight digits to spell how much we’ve spent.  It’s in excess of $20,000,000. 

 

Mayor Pilozzi – Thanks to the NYS DEC who provided the funding, super fund cleanup and that’s been complete.  We’re still in the ERP stage which is the environmental remediation program and in addition to that, the concrete work, but the light is at the end of the tunnel.  It should be complete with that, I’m hoping, within the next couple of months.  A lot of concrete at that place, but the fact of the matter is, for the first time in a very, very long time there’s going to be a lot of things going on in the City and I was gonna touch on it little bit later, but we’re getting close to the end.  Just so you know,  you as taxpayers need to know this, somewhere in the vicinity of $20,000,000 was spent by you, the taxpayers, to clean that up and the sad part is, it’s all over Western New York, all over New York State, all sections of this country, and that’s kind of gut wrenching but at least at minimum, we’ve got this taken care of in our community, so that’s a good thing. 

 

Ed Gebera - What kind of a deal have we got with Canal Fest this year?   

 

Council President Zeisz – It’s the same as last year, Mr. Gebera. 

 

Ed Gebera - Are we gonna get a little bit more of our money?

 

Council President Zeisz – No, it’s the same agreement we had last year. 

 

Ed Gebera - In other words, the taxpayers are subsidizing Canal Fest. 

 

Council President Zeisz – I think last year we did a pretty good job, all the department heads really worked to keep the numbers as tight as possible.  Without getting into your benefits and all the extras, in pure dollars, we got compensated for the dollars that we put out.  Beyond, and I’m not talking about benefits and everything, but as far as the actual dollars, we got compensated for that. 

 

Ed Gebera – Okay.   I wanted to know if we’re taking a big loser on Canal Fest. 

 

COMMENTS FROM THE COUNCILMEMBERS AFTER RESOLUTIONS

 

Council President Zeisz – Well, the first thing I wanted to say is I’ve known Police Chief Ivancic for quite a few years.  He’s a great guy, a guy of high integrity and he will be the 4th Police Chief since I’ve sat here and I think it’s really great for him, I think it’s great for the department, and I can only wish him all the best.  I’m sure he’s gonna do a super job for us.  We have a great police force that really cares about the community and I have all the confidence in the world that he’s gonna do a great job.  As far as the development of Little League Drive, I just had a couple other comments.  About seven years ago, not that things go slow in government, but about seven years ago, I threw out this idea to build some houses because I thought it would afford people the opportunity that maybe want to leave the community for a new home or something a little bit nicer, it would afford them the opportunity to stay here.  And also, it would give the City the opportunity to bring, really escalate our overall tax base.  You’re looking at homes probably in the range of $175,000 to $200,000.  Well, if you do the math, you’re looking at $9,000,000 to $10,000,000 that we would be adding to our overall base.  The location’s great, you’re by the park, you’re by the river, you’re by the schools, you’re close to everything, and I’m sure there’ll be, because if I lived there, I’m sure I would have the same issues and the same questions, that there’s gonna be people that are gonna feel like it’s going to impede on their homes in different way, whether that be their assessments, how their yards will be affected, not their personal yards, but there is quite a bit of space along Fletcher that’s been vacant for so many years that people just got used to that being like that, and those issues are out there and I understand that and we want to do whatever we can do to make this a process that’s gonna work for everyone, that’s gonna be beneficial to everyone.  I’m convinced it will be a great thing for the community and especially the way times are, anything that can help us increase our base can’t be anything but a good thing.  We selected one but three individuals, three different developers came forward willing to follow through with this project so obviously they felt, for different reasons, that they could carry this plan out.  So I have all the confidence that it will work out too and it will be a great thing.  

 

Councilmember Poole – First of all, I’d like to congratulate the new Chief and I don’t want to get into any debate but Mr. Gebera, the Canal Fest is composed of fifty non-profit organizations and those non-profit organizations…

 

Ed Gebera - …are they charitable sir?

 

Councilmember Poole - They are, they do a tremendous amount of work here in the Tonawandas and we benefit, all of us, from them.   

 

Councilmember Slisz – I also want to congratulate John.  I look forward to working with you John, make this City a better City and as to the developer, Natale Development, I’d like to congratulate him for coming into this town.  I look forward to hopefully selling those homes out within a couple of years because we certainly need the tax base that will improve sections of the town with the new development, and I think Carl said it all, there are a lot of people that are looking for homes within the town to upscale and I think you’ve got the right plan.   

 

Councilmember Boyle – Chief, congratulations again.  Something that Carl touched on with the police force that we do have here.  I read in the Sound Off, the Sound Off said that if it weren’t for the drunks and the fights that these police would have nothing to do.  What they have to do is, this person that called in, this one has to sit and listen to the scanner.  The amount of calls that these police have to go to, it’s totally mind-boggling.  The same person that’s calling sound off should be looking at what is in the Police Beat because these guys have to go for some outrageous things, I mean I listen to it, and it’s like, you’ve got to be kidding me, but these police have to go and respond to it.  That’s why we have a police force, that’s why we need this police force, it is a great police force, I mean it’s great police force, it’s a great fire department that we have here.  Anybody that doesn’t think so, hate to say it, find some place else.  This is a good place.  What you know about me, I say it, I don’t sugar coat anything.  Canal Fest, okay fine.  Ed, we got the same amount of money but one thing that wasn’t stated, we got the four-mile run back on this side.  

 

Mayor Pilozzi – First of all, I’d just like to thank everyone including the people sitting up here at this table and many other residents and friends that expressed their condolences on the loss of my brother.  Most of you probably don’t know but I have no sisters, I only had one brother and he passed last week due to cancer and I’d just like to express my thanks for all the thoughts and prayers of support that I and my family received, so thank you very much for that.  Let me talk a bit about a guy by the name of John Ivancic.  Number one, first and foremost, John was number one on the Civil Service list, so obviously he was the king of the hill and somebody had to knock him off.  But we gave everybody an equal chance and thanks to my very able assistant, Sam Iraci, we came up with a plan to basically challenge each and every one of them.  That started with a resume.  Some people thought why would they want them to give a resume to people they’ve been working with?  Well, I felt that it was important to me, and I’m sure to Sam, to take a look at each and every one of the candidates and know what they did with their life, not just as a patrolman, lieutenant or captain, but their educational background, their family, organizational skills, or I should say the organizations they belong to. The next thing we did was to come up with a nine questions scenario type thing where they each had to answer the question, not face to face, they had time to think about it, we wanted them to think about it, we wanted to see how they would react to different situations, and in addition to that a couple of scenarios and that was done with the help of the Assistant Chief in the City of Rochester who is a trusted individual that Sam had worked with before, in fact he was a Police Chief in Elmira for a number of years.  Lastly, we had everybody do a psychological test and John was very quick to point out that they all got that when they first hired him, but that was how many years ago, twenty years ago.  (inaudible)  On all three accounts John came up number one, I thought he would, he did and I wish to congratulate him on achieving the rank of Police Chief in the City of Tonawanda.  Anybody that knows John knows he commands a lot of respect within the department and integrity is his middle name, so I certainly look forward to working with him and I’m sure it’s gonna be a long, fruitful career.  Again, congratulations John.  There’re a lot of things going on and Mr. Gebera, Spaulding Fibre is one of them but Vets Park is another one and I think if we do things right in this City and we do our best to do things right, I think it will be a fruitful experience for everybody.  Obviously it’s been mentioned already that it’s going to add to the tax rolls and that’s important but what we do with Spaulding Fibre is important too in terms of adding to the tax rolls but again, we have to do it right so the Planning and Zoning Board has been challenged to come up with new zoning now for Spaulding Fiber but to take in also the downtown area and I’m looking forward to that.  In case you don’t know, the water plant sewage treatment plant is going to be coming down shortly, I think we’re pretty close to the asbestos abatement, so there could be development going on there too, so a lot of things going on in a small community.  And lastly, I keep saying this, I just want to reiterate and remind everybody, that on July 3rd there’s gonna be a dedication to a very new monument right behind City Hall, dedicated to two families that lost loved ones in World War II and somehow got on the silver screen in the Band of Brothers and also Saving Private Ryan.  That’s gonna be a big, big day for the City, July 3rd at 11:00 in the morning.  If you have the time, please come down.  

 

Council President Zeisz – A couple other things that I probably should throw out there on Little League Drive just so that people are aware of it, there is, as part of the RFP process, there was a number that was put forth by the developer for purchase of the land.  We won’t get to that point until the very end, that will be when we actually turn the land over but probably the biggest part of it was, one of the things we talked about when we talked about doing a development was that we, as a City, we didn’t want to be put in the position where we had to expend funds.  So this project, the streets, the sidewalks, the curbs, are all being done by the developer, it’s all being handled exclusive of the City and that was a big factor with any project that we got into.  Another piece of information for down the road, when we get farther down the process, when there’s more information to share, we’ll share contact numbers with the public for the builder so if they have questions or they want to find out about buying a house, or whatever it might be, we’ll get into all that later on but I just want to re-emphasize the fact that the public will have a lot of opportunity to be involved down the road but we have to get to the point where we have more to tell everybody and that will probably be about three months.   Thank you for taking the time to come out tonight, have a great night and drive home safely. 

 

ADJOURNMENT

 

196.     By Councilmember Slisz                                         seconded by Councilmember Poole

            Resolved, that this Common Council adjourn until, July 6, 2010.  

 

Ayes: Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

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