Council Chambers

Tonawanda, New York

March 2, 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

 

COMMUNICATIONS FROM THE MAYOR

 

A memo to the Common Council dated January 29, 2010, disclosing the fact that the lowest responsible bidder for the demolition of the water plant and sewage treatment plant is, in fact, a cousin to his wife Christine.

 

A letter to Crystal Kisloski, 63 Fletcher Street, dated February 24, 2010 appointing her to the Board of the Visual and Performing Arts, term to expire December 31, 2012.

 

A letter from “The Seniors Group of the City of Tonawanda, N.Y.” asking that the Mayor pay attention to Article 3:  Snow Removal Operations and Section 54-7: Duty of Abutting Property Owners to Remove Snow and Ice from Sidewalks of the City Code before someone gets injured because the street is their only means of walking.

 

The February 2010 Community Update from the United States Environmental Protection Agency regarding the Tonawanda New York Community Air Quality Study and Evaluation of the Tonawanda Coke Facility.

 

A letter from Senator Antoine M. Thompson, to the Administrator of the USEPA, dated February 19, 2010, regarding the Tonawanda Landfill Remediation and stating that the only sensible path is to have total remediation of the whole site.

 

A letter from Assemblyman Robin Schimminger, dated February 12, 2010, responding to the Mayor’s request for funding to assist the City in undertaking planning and engineering studies related to the reuse of the Spaulding site.

 

A letter from Assemblyman Robin Schimminger dated February 12, 2010, regarding the Mayor’s request for funding for the Saturday Nigh Concerts at Gateway Park.

 

A letter from the Mayor Robert G. Ortt, of North Tonawanda, dated February 12, 2010, requesting the Mayor’s assistance to secure some funding through the member item assistance of other NYS agencies.

 

A letter from Erie County Planner Rachel Chrostowski, dated February 2, 2010, regarding the Intermunicipal Agreement between the City of Tonawanda and Erie County.

 

A memo from the Erie County Department of Environment and Planning Division of Planning, dated February 5, 2010, regarding the 2008/2009 CDBG-R- Community Project – Water Works Buildings – Remediation

 

A memo from Jeff Schultz, Traffic & Signal Supervisor, dated February 26, 2010, regarding metric signage on Young Street.

 

A letter from Time Warner Cable dated February 26, 2010, regarding their ongoing efforts to keep the City apprised of developments affecting Time Warner Cable subscribers in the City of Tonawanda.

 

A letter to the President of the New York Power Authority dated March 2, 2010, regarding the Gateway harbor Concert Series.

 

A letter to Sharon Stuart, 778 Fletcher Street, dated March 1, 2010 appointing her to the Board of the Visual and Performing Arts, term to expire December 31, 2012.

 

A letter to Christine Pilozzi, 82 Clinton Street, dated March 1, 2010 appointing her to the Board of the Visual and Performing Arts, term to expire December 31, 2012.

 

A letter to Glenna Sternin, 738 Fletcher Street, dated March 1, 2010 appointing her to the Board of the Visual and Performing Arts, term to expire December 31, 2012.

 

A letter from Auctions International dated February 25, 2010, asking for the opportunity to discuss the possibility for marking properties that are owned by the school system.

 

Proclamation proclaiming March 11, 2010 as “World Kidney Day” in the City of Tonawanda.

 

A letter from Harris Beach PLLC dated March 1, 2010, regarding Erie County IDA, project address:  525 Vickers Street, Tonawanda.

            Ordered filed

 

COMMUNICATION FROM CITY OFFICIALS AND CORRESPONDENCE

 

The following monthly reports were received by the City Clerk:

            January Executive/Informal minutes of the City Clerk

            January Activity Report of the Fire Department

January Minutes of the Traffic & Safety Advisory Board

February Executive/Informal minutes of the City Clerk

            Revenue and Expenses for the City of Tonawanda General Fund and Sewer

                        Fund Budget as of February 28, 2010.

            Yearly Activity of the Fire Department for 2009

                        Referred to the Committee of the Whole

                                    Ordered filed

 

A letter from the Erie County Department of Health, dated February 10, 2010, with the proposed revisions of the Erie County Sanitary Code, Article IX, concerning Housing Hygiene and Property maintenance.

            Referred to the Committee of the Whole

 

COMMENTS BY THE PUBLIC ON RESOLUTIONS

 

There were no comments by the public on resolutions.

 

MOTIONS AND RESOLUTIONS

 

50.       By Councilmember Gilbert                                      seconded by Councilmember Poole

            Resolved, that the reading of the following resolution be waived.

 

Ayes: Gilbert, Slisz, Poole, Zeisz

Nays: Boyle

Resolution declared adopted

 

51.       By the Council                                                              seconded by the Council

            WHEREAS, the Common Council of the City and the Board of Directors of the CANAL FEST OF THE TONAWANDAS, INC. (hereinafter referred to as “the Corporation”) are desirous of entering into an agreement for the purpose of accommodating Canal Fest 2010; and

            WHEREAS, the parties have negotiated the following agreement so that the concerns of the City and the Corporation have been addressed; and

            WHEREAS, the utilization of city property, personnel and equipment as specified in said Agreement is deemed to be for the promotion of Canal Fest 2010 and the protection of public health, safety and welfare which is in the best interests of the City and its residents;

            NOW, THEREFORE,

            BE IT RESOLVED, that the Common Council hereby authorizes and directs the Mayor to execute the Canal Fest 2010 agreement, and

            BE IT FURTHER RESOLVED, that the parties hereto approve and enter into the following Agreement:

AGREEMENT

 

            1.            The City and Corporation in conjunction with the City of North Tonawanda, shall support Canal Fest 2010 of the Twin Cities.

 

            2.            Canal Fest 2010 shall be held July 18, 2010 through July 25, 2010.

 

            3.            The Canal Fest 2010 “Campus Area” will utilize Niagara Street between Main and Seymour Streets and that portion of Young Street which lies between Main Street and Delaware Street, which leads into the Walgreen’s parking lot.  The parking lot adjacent to McDonalds is not included in the Campus Area.  The ride promoter, Powers Great American Midways, Inc. will be permitted to place two trailers in the parking lot adjacent to the Tonawanda Towers.  In the event that construction is occurring within the City of Tonawanda during the time Canal Fest is taking place, the City may, in its sole discretion, modify the “Campus Area: so that the Festival does not interfere with on-going construction or other related development activities.

 

            4.            The Renaissance Bridge shall be closed during Canal Fest to permit its use by various concessions without the need to remove their set-ups at the conclusion of each evening.  The parade route shall begin at Main and Minerva and shall utilize Minerva from Main to Grove, Grove from Minerva to Roosevelt and Roosevelt from Grove to Main Street as a staging area.  The parade shall proceed to and cross the Renaissance Bridge.  The concessions shall be required to be removed only during that Tuesday night, July 20, 2010.

 

            5.            Portions of Minerva, Grove, Roosevelt and Main Streets shall be closed for the Canal Fest Parade on Tuesday, July 20, 2010 as stated in paragraph 4 above.

 

            6.            The Corporation will be permitted to use Main Street, from Niagara Street to Broad Street and a portion of Adam Street running from Main Street to Seymour Street for the Craft Show on July 24 and July 25, 2010.

 

            7.            The Corporation will be permitted to use Main Street from Niagara Street to Broad Street for the Cruise Nite Car Show on July 21, 2010.

 

            8.            The Four Mile Run shall be held as before and streets shall be closed as are appropriate to accommodate the event, however, course location shall be within the City of Tonawanda.

 

            9.            The Corporation will be permitted to use the Miller Bandshell in Niawanda Park for various music and other performances.  For the convenience of the musicians, the Community Room on the lower level of City Hall will be available, if a request is made, for the musicians to gather and have a place to store instrument cases and their personal belongings during the concert.

 

            10.            The corporation will be permitted to use Clinton Park for the Flea Market on July 24 and 25, 2010.

 

            11.            The Canal Fest 2010 “Campus Area” has been designated on the Canal Fest map.  No additional permits will be granted for vendors, performances or advertising posters within said “Campus Area” unless mutually agreed by the parties.  This section shall not be applicable to official City of Tonawanda government entities and/or official City sponsored events.  Said “Campus Area” shall be subject to the private property rights of landowners and tenants.  The parties agree to respect any and all private property rights.

            12.            The City reserves the absolute right to approve the nature, type and location of all rides, amusements and concessions for purposes of public health and safety.  Such approval will be memorialized by noting same on the Canal Fest map on file in the office of the City Clerk.

           

            13.            The Corporation shall be entitled to utilize the footbridge leading to the Long Homestead at its discretion.  Any docks located on the canal and Ellicott Creek are to be excluded from the “Campus Area” and remain under the jurisdiction of the City.  Any and all use of docking area shall be solely within the discretion of the City.  All rules and regulations regarding dock usage shall apply.

 

            14.            The Corporation shall reimburse the City in a sum not to exceed $14,000.00 for the year 2010, in order to offset the additional reasonable expenses incurred by the City to provide City services to Canal Fest 2010.  Said services shall include, but are not limited to, police and emergency services.  Reimbursement shall be paid no later than August 10, 2010.  The City Treasurer shall present a statement of services to the Corporation on or before September 14, 2010.  Should said statement of services be less than the $14,000.00 for the year 2010 noted above, the City shall rebate the difference.  Should the statement of services reflect the City’s expenses are greater than the said $14,000.00 for the year 2010, the City will absorb the difference.

 

            15.            The Corporation shall reimburse the City up to $3,000.00  (However, the City shall have the option at its sole discretion to receive the $3,000.00 any time during the term of the Agreement.) for the City’s purchase, at its sole discretion, of any tangible items or articles, or for any items of capital improvement; with the understanding that these funds shall benefit the City of Tonawanda’s Canal area and/or Riveredge area and/or Riverwalk area and/or Waterfront area and/or Gateway Park area.  These funds may be used by the City at its sole discretion as above stated, however, these funds are not to be used for City operation or personnel costs.  Reimbursement shall be paid by the Corporation to the City within thirty days of presentation of a receipt for qualified purchases and/or expenditures.  The Corporation shall receive proper recognition for such items or expenditures which benefit the City.

 

            16.            Proof of liability insurance approved for the Corporation, naming the City as an additional insured, with aggregate policy limit of $3,000,000.00 for personal injuries and property damage shall be provided to the City Clerk on or before July 9, 2010.  The Corporation shall indemnify and hold the City harmless from any and all claims or causes of action which are the direct result of any negligent act or omission or intentional misconduct by agents of the Corporation with respect to Canal Fest 2010.  The City agrees to indemnify and hold the Corporation harmless from any and all claims or causes of action which are the direct result of any negligent act or omission or intentional misconduct by agents of the City with respect to Canal Fest 2010.  The Corporation shall require the amusement and concession operator, Powers Great American Midways, Inc., to provide and submit a certificate of insurance and proof of premium payment acceptable to the City, which certificate shall name the City as an additional insured.  The Corporation shall further require said Powers Great American Midways, Inc., to enter into an agreement holding the City harmless and indemnify the City from any and all claims and causes of action which might be commenced against the City as a result of the negligence or omission or intentional misconduct by an agent of Powers Great American Midways, Inc. with respect to Canal Fest 2010.

           

            17.            The Corporation shall be solely responsible for and shall provide adequate public restroom facilities for the event.

 

            18.            The Corporation shall provide the City with complete copies of all contracts and amendments between it and Powers Great American Midways, Inc., and any other amusement company that may be under contract regarding Canal Fest 2010.

 

            19.            Any damage caused to City property as a result of the rides, attractions and/or activities shall be repaired by the City; however, the cost of said repairs shall be borne exclusively by the Canal Fest Corporation pursuant to an agreed upon fee schedule and/or reimbursement procedure to be determined by the parties.  The cost of repairs shall be paid to the City by the Corporation in addition to the reimbursement pursuant to the reimbursement pursuant to paragraphs 14 and 15.

 

            20.            Only those entities located within the “Campus Area” are to contribute monies to the Corporation.  However, nothing hereunder shall restrict the Corporation from being able to pursue sponsorships or preclude it from protecting against the unauthorized use of its name and logo.

 

            21.            The Corporation shall meet with the Council on August 3, 2010 or such other date as the parties may mutually agree to discuss the results of the 2010 festival, including but not limited to financial data, logistics and to further discuss future events.

 

            22.            The Corporation shall take every reasonable effort to accommodate the needs of the adjacent businesses.

           

            WHEREAS, the City of Tonawanda must strive to minimize any and all unnecessary financial burdens on its taxpayers; and

 

            WHEREAS, the City of Tonawanda’s utmost concern must be for the safety and welfare of its residents and business people; and

 

            WHEREAS, the City of Tonawanda has for twenty-seven years substantially supported Canal Fest, Inc. and has facilitated and housed events for those twenty-seven years; and

 

            WHEREAS, the City of Tonawanda recognizes the monumental task the Canal Fest Corporation has in preparing for this event, now, therefore, be it

 

            RESOLVED, that the City of Tonawanda agrees to produce a detailed accounting of all expenses incurred in 2010 and to continue negotiations for Canal Fest 2011 and thereafter, based on the above stipulations on the earliest practicable date, so that an agreement can be finalized early in 2011.

 

ADDENDUM to 2010 CANAL FEST AGREEMENT

LAUNCH OF FIREWORKS FROM THE RENAISSANCE BRIDGE

 

            Fireworks shall be launched from the Renaissance Bridge on the final night of Canal Fest (July 25, 2010) in accordance with the following terms and conditions:

            1.            The Bridge shall be closed to pedestrian traffic at 8:00 P.M. or earlier

                        when Young Company arrives.

 

            2.            The Canal shall be boat free from the Delaware Bridge to the Seymour

                        Bridge and Tonawanda Creek from the end of dock to the Canal.

 

            3.            Canal Fest personnel shall clear all boats in violation of the Safe Zone

                        by 7:00 P.M.

 

            4.            Crowd control is to be determined by Police Chief Young or her designee.

 

            5.            Rides and concessions cannot be in the process of tear down from

                        7:00 P.M. until the crowd has departed.

 

            6.            Pedestrians, crafters, rides and concessions shall not be located within

                        the fallout area.  The Fallout area can change due to wind direction and

                        speed.

 

7.         Fire Suppression Crew accessibility - Fire Suppression Crew shall be able to reach all areas exposed to potential fallout including Niagara Street from Seymour to Main and Young Street from Main to Delaware.

 

            8.            There shall be room for a fire truck in front of HSBC on Young Street.

                        Also there shall be room to ladder HSBC on Young Street.

             9.            All hydrants in the Canal Fest area are to be disconnected.

 

            10.            Sufficient Emergency Personnel are required:  1 Pumper manned

                        with four personnel and 1 EMS Crew manned with two personnel.

 

            11.            Canal Fest Committee personnel will be on hand at the Bridge for

                        consultation with the Fire and Police Departments.

 

            12.            Crafter tents are to be cleared out by 6:00 P.M.

 

            13.            Sidewalks shall be kept free of any items during the Arts and Craft Show. 

Vendors participating in the Craft Show must leave at least three feet clearance from store fronts.

 

            14.            During the Car Show, hydrants shall have fifteen feet of access on

                        either side.

 

15.       The Pastry Table at 38 Niagara Street shall have access of one car lane from the tree in front of the shop to Seymour Street each day until 2:00 P.M. - Monday through Saturday.

 

            16.            Police, Fire, Young Explosive Corporation or any Authority has the

                        right to stop, delay or cancel the fireworks for safety issues.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

           

52.       By the Council                                                              seconded by the Council

WHEREAS, the Common Council of the CITY OF TONAWANDA, the Board of Directors of the CAROUSEL SOCIETY OF THE NIAGARA FRONTIER, INC. (hereinafter referred to as “CSNF”) and POWERS GREAT AMERICAN MIDWAYS, INC. (hereinafter referred to as “PGAM”), are desirous of entering into an agreement for the purpose of accommodating Canal Fest 2010;

            NOW, THEREFORE,

            BE IT RESOLVED, that the Common Council hereby authorizes and directs the Mayor to execute this Agreement, and

            BE IT FURTHER RESOLVED, that the parties hereto approve and enter into the following Agreement:

AGREEMENT

 

            The CSNF and PGAM shall provide the City with a supplemental payment to reimburse the City for the cost of City services in support of Canal Fest of the Tonawandas 2010 in the amount of $3,000.00, to be paid no later than August 9, 2010.

 

            Councilmember Boyle – This $3,000.00, this is not that $3,000.00 that they’re giving us for…

 

            Council President Zeisz – No, no.  It’s $14,000.00 from Canal Fest Organization and another $3,000.00 from them for capital, and then this is another $3,000.00.

 

            Councilmember Boyle – All right now, N.T. isn’t getting this, or N.T.’s getting it too?

 

            Council President Zeisz – No, they’re not. 

 

            Councilmember Boyle – So finally they’re just sitting back only reaping in $17,000.00 for nothing. 

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

53.       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 construction administration, inspection, and asbestos monitoring of the Water Treatment Plant and Wastewater Treatment Plant Site Abatement, Environmental Remediation, and Demolition be made to LiRo Engineers, Inc., at a cost not to exceed $104,261.60.

 

Funding/Fiscal Impact:            $104,261.60 from 2010 Bond

                                               

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

           

54.       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 the Water Treatment Plant and Wastewater Treatment Plant Site Abatement, Environmental Remediation, and Demolition be made to Empire Dismantlement Corporation, at a cost not to exceed $413,369.00.

 

Funding/Fiscal Impact:            $100,000.00 CDBG Funds

$100,000.00 Stimulus Funding

$100,000.00 NYS Dormitory Authority Grant

$113,369.00 City Bond

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

55.       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 Bryan M. Lawrence Foundation, and

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

Whereas, all details for the above named event 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 Bryan M. Lawrence Foundation to hold a Walk-a-thon along the Riverwalk on Saturday, June 19, 2010,  and be it further

            Resolved, that any overtime cost that is incurred by the City of Tonawanda must be reimbursed to the City by the Bryan M. Lawrence Foundation 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 28, 2010.

 

Councilmember Boyle – This is something, have they always had that little stipulation about overtime, that we would get reimbursed, or is this something new? 

 

Council President Zeisz – I want to say we did this, three years ago.  It’s been at least a couple years since we made the change to special events. 

 

City Clerk Bodie – Some of the bigger walks, they don’t throw it in, like for the Ride for Roswell, they set a limit as to how much they charge…

 

Councilmember Boyle - …yeah but you know, suppose there’s $300 bucks for overtime costs for this thing and you know, they’re only doing a walk-a-thon.

 

City Clerk Bodie – But there isn’t overtime for those kinds of walks. 

 

Councilmember Boyle - But they never go back after because even with the Wyatt’s Walk, it’s going towards a good cause.  To turn around and say, “oh by the way, you owe us $350 because our policemen won’t volunteer or it’s gonna be overtime costs” and stuff like that.  I was just wondering if that was just something new that came in there. 

 

Council President Zeisz - No, I want to say it’s been a couple years.  Would you say Joe?

 

City Treasurer, Joe Hogenkamp – Yes.  I mean the one that I remember that we did get paid for last year was that motorcycle rally. 

 

Council President Zeisz – The rally.  But it’s always written in there when we have…

 

City Clerk Bodie – The smaller walks do not create overtime.

 

Councilmember Boyle - …it’s on the Riverwalk, you wonder really what kind of overtime…

 

City Clerk Bodie – There isn’t any.

 

City Treasurer Joe Hogenkamp - …the Ride for Roswell, we don’t get paid for that.

 

Councilmember Boyle - I know, I mean but all those streets that are closed down and the cops and stuff like that.    

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

                       

 56.      By the Council                                                              seconded by the Council

            Whereas, a $25.00 Special Events application fee and application were received by the City Clerk for Wyatt’s Walk 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 our Director of Parks and Recreation, Linda Foels, and the event chairperson, now, therefore be it

            Resolved, that permission be granted to the Wyatt Kyle Sutker Foundation to hold their annual Wyatt’s Walk for Spinal Muscular Atropy along the Niagara River on May 1, 2010, and be it further

            Resolved, that any overtime cost that is incurred by the City of Tonawanda must be reimbursed to the City by the Wyatt Kyle Sutker Foundation 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 April 23, 2010.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

           

57.       By Councilmember Gilbert                                      seconded by Councilmember Poole

BE IT RESOLVED, that Chapter 42 of the Code of the City of Tonawanda entitled “PARKS AND RECREATION” is hereby amended as follows:

 

            That Article 2.  Conduct in Public Parks Sec. 42-41. Dogs.  be amended to add the following sub-paragraph:

 

            (4)            Dogs shall be permitted, year round, in Niawanda Park

                        west of Gibson Street to the city line, provided that:

 

                        a.            The dog is restrained at all times by

                                    an adequate collar and leash not

                                    exceeding nine feet in length and

                                    kept under the control of a competent

                                    person.

 

                        b.            The dog does not engage in loud howling

                                    or barking in an excessive manner so as

                                    to unreasonably disturb the comfort or

                                    repose of any person in a city park or

                                    recreational area.

 

           

            c.         Such person conform with the laws,

                                    ordinances and park rules and regulations.

 

                        d.            This provision regarding Niawanda Park

                                    shall expire on April 30, 2011 unless the

                                    Common Council passes a Resolution

                                    extending the expiration date.

 

Councilmember Slisz – I want to make sure we have the proper signage because it’s going to be kind of interesting, people will be coming down from the County Park and walk all the way through and think that they can take their dog all the way through.  We have to have signage as you come down the ramps where cars pull in and probably some signage at the gazebo over on County property.  

 

Councilmember Boyle – Are they still going to be allowed from 6:00 A.M. – 9:00 A.M. over here, that’s not gonna change, and then 24 hours a day right in front of Mr. Slisz’s place? 

 

Council President Zeisz - That would correct Mr. Boyle.

 

Councilmember Boyle – That’s wrong.   

 

Council President Zeisz – The only comment I wanted to make was, on the surface, I’m not in favor of having dogs in Niawanda Park.  There’re a lot of opportunities for people to walk their dog down the street, to walk their dog in other parks.  But looking at this, one of the things the Council did decide to do in putting together the resolution, was to limit it to an area of Niawanda Park that is probably seldom used in comparison to the rest of the park, and it also has a “sunset provision” on it for next April and given that, and I’m interested to see how this works out, I am willing to vote for it but I am interested to see how this comes out.  I certainly would not have voted for something that would allow dogs in the entire park but there are residents that are interested in having this opportunity and so for that reason, I will support it. 

 

Ayes: Gilbert, Slisz, Poole, Zeisz

Nays: Boyle

Resolution declared adopted

 

58.       By Councilmember Gilbert                                      seconded by Council President Zeisz

                        Resolved, that the reading of the following resolution be waived.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

59.       By Councilmember Poole                                       seconded by Councilmember Gilbert

            WHEREAS, the American Legion Post No. 264 located at 60 Main Street in the City of Tonawanda has proposed to the City that a Muck/Niland Veteran’s Memorial be erected at Niawanda Park, the precise location to be determined, however, the intention being that the location shall be in the grassy area directly behind City Hall and directly adjacent to the Bike Path; and

            WHEREAS, it is proposed that the City shall be responsible for the preparation of the site, site survey, soil testing (core samples) and foundation design (engineering relating thereto); and

WHEREAS, it is proposed that the American Legion shall be responsible for the actual installation of the monument including any engraving and construction necessary, however the City shall be authorized to review and approve any mechanics or engineering involving the installation of the monument; and

WHEREAS, it is proposed that the American Legion shall be responsible for the costs related to the actual construction, erection and installation of the monument; and that in the event there are additional funds available, shall contribute to or share the costs relating to the City’s work; and

            WHEREAS, it is proposed that upon completion of the monument, the City shall be responsible for the maintenance of the monument,

            NOW, THEREFORE,

            BE IT RESOLVED that the Common Council hereby authorizes the American Legion Post No. 264 to install the Muck/Niland Veteran’s Memorial within Niawanda Park at a site location to be determined, however, the intention being that the location shall be in the grassy area directly behind City Hall and directly adjacent to the Bike Path or in the event this area is determined to be unsuitable, another site to be determined and agreed upon by the American Legion and the City; and

            BE IT FURTHER RESOLVED that the City shall be responsible for the preparation of the site, site survey, soil testing (core samples) and foundation design (engineering relating thereto); and

BE IT FURTHER RESOVED that the American Legion shall be responsible for the actual installation of the monument including any engraving and construction necessary, however, the City shall be authorized to review and approve any mechanics or engineering involving the installation of the monument; and

BE IT FURTHER RESOLVED that the American Legion shall be responsible for the costs related to the actual construction, erection and installation of the monument; and that in the event there are additional funds available, shall contribute to or share the costs relating to the City’s work; and

BE IT FURTHER RESOLVED that upon completion of the monument, the City shall be responsible for the maintenance of the monument; and

BE IT FURTHER RESOLVED that the City hereby grants to the American Legion and/or its agents, employees and/or contractors access to the site for purposes of construction, erection and installation of the Muck/Niland Veterans Memorial; and

BE IT FURTHER RESOLVED that the American Legion and/or its agents and/or contractors shall provide the City with a general liability insurance policy naming the City as an additional insured having minimum coverage of $1,000,000 and an aggregate policy limit of $2,000,000 for personal injuries and property damage relating to the construction project.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

           

60.       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 survey of Erie County Riverwalk be made to Wendel Duchscherer Architects and Engineers, at a cost not to exceed $2,600.00.

 

Funding/Fiscal Impact:            $2,600.00 from 2010 Professional Services.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

61.       By the Council                                                              seconded by the Council

Resolved, that Sanford Belsky, be reappointed to the position of Plumbing Inspector for the City of Tonawanda, term to expire December 31, 2011, at a salary of  $20.20 per hour, not to exceed 19 hours per week, and be it further

Resolved, that this individual is entitled to the provisions provided in the Personnel Policy Manual for Group 8 employees.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

 

Before we do begin, if anyone is interested we do have two individuals coming in to speak with us this evening.  One is David Burke from Burke Homes at 7:30 P.M.   They have put in a proposal under the RFP for Little League Drive and we also have John Duerr in at 8:15 P.M. to also review his proposal.

 

COMMENTS FROM THE PUBLIC AFTER RESOLUTIONS

 

Robert Derner, 286 Niagara Shore Drive – I understand there’s supposed to be a public hearing on Thursday on the demolition of the water department.

 

Councilmember Slisz – It’s not a public hearing. 

 

Council President Zeisz - It’s just an informational session. 

 

Councilmember Slisz – Informational session, that I sent letters to people in Riveredge that the contractor’s going to be there, the demolition contractor, the engineer, it’s open to the public to discuss how and when it’s going to come down.  It’s not a public hearing.

 

Councilmember Poole – Well if it’s open to the public, isn’t it a public hearing?

 

Councilmember Slisz - It’s not a scheduled public hearing by this board.  I was the one who sent the letters out. 

 

Council President Zeisz – Mr. Slisz and myself will be there in attendance.  It’s informational so that the residents know how the process will work with the demolition and what they can expect from that process. 

 

Robert Derner - Is it in this room here? 

 

Council President Zeisz - Yes.

 

Robert Derner - Will it be recorded?

 

Council President Zeisz - No.  It’s not a public meeting.  It’s an informal meeting so it’s not a formal session of the Council. 

 

Robert Derner – There are just a couple of things I want to ask about it before I even get there, is one, there’s a metal cover off one of the shutoff valves in the street that’s been off for quite a while.  People are starting to walk around there with the weather getting nicer and if somebody trips on that open hole in the street, I don’t know who’s responsible, either Erie County Water Department or the City of Tonawanda, but it should have a cover on it.  And the other thing is, Niagara Shore Drive in front of the water department is getting in bad shape and with heavy trucks and equipment that’s gonna be there taking down that building, that street is really going to be a mess and I hope that there is a plan to repair the street after the work is done. 

 

Council President Zeisz - Feel free on Thursday to ask those same questions because we can possibly get answers to those for you by Thursday.

 

Councilmember Boyle – Mr. President, you and Mr. Slisz are going be there so if we show up…

 

Council President Zeisz - …you can show up, that’s fine.  It’s open to the public. 

 

COMMENTS FROM THE COUNCILMEMBERS AFTER RESOLUTIONS

 

Councilmember Poole – Just a quick comment about Canal Fest.  Many of us are very much aware, the spirit of volunteering is really dying rapidly throughout the country and it’s very difficult to get volunteers for anything.  For the volunteer fire departments, for events like Canal Fest, etc., so I just would like to point out that for the past twenty-seven   years, a huge group of volunteers has come together faithfully to put this event on for the benefit of the non-profits in the Twin Cities and it is the non-profit volunteers who really make the event possible.  So I just wanted to comment how important that is and how much we all have to work to encourage volunteerism as we go forward. 

 

Councilmember Gilbert – First I’d like to thank Chief Stuart and the active volunteers for inviting me to their awards dinner the other night.  I had a really good time and I was honored to be there.  The next thing, I’d like to address the school board.  Their RFQ’s are in for their architects and I really hope they look at all their aspects of this funding for the taxpayers, how to keep the cost down because I can see this escalating and I for one, don’t want to see a huge tax bill when we’re still paying on additions and remodels to the schools.  Lastly, I’d just like to say happy birthday to Council President Zeisz.  This weekend is his birthday and goodnight.  Thank you. 

 

Councilmember Boyle – I tell you Mr. President, you look pretty good for 60.  I just want to reiterate with what Councilman Poole said about volunteering.  This past week, we had youth days up at the high school and I just want to thank the Chief of Police for supplying somebody for the last three days.  We had about 151 kids sign up for it, up 124 from last year.  Do you guys participate in youth days?  So what do you think, was it all right, or what? 

 

Student - Yes.

 

Councilmember Boyle - Did you win a shirt?

 

Student – Yes.

 

Councilmember Boyle – It’s all about the shirt, it’s all about the shirt.  I also want to reiterate that myself, my Republican counterpart over here, Republican Mayor, we went to this volunteer thing at the fire station and to see how much training that these people do have to go through, it’s just something that it’s really nice to see them recognized. 

 

Councilmember Slisz – No comment.

 

Mayor Pilozzi – A couple of things.  Number one, I’d just like to echo the comments that have already been made on the public hearing this Thursday.  It’s a great opportunity for the folks along Riveredge to see what’s going happen.  I always take a look at things like this and think well, I’d rather get all the comments.  You’re still going have some glitches along the way but at a minimum, you’re ahead of the game and at least all the pertinent questions can be asked and hopefully answered by the right people, at the right time and hearing it from the same voices.  Volunteerism, it’s already been mentioned and I see somebody here who’s a big volunteer and that’s Debbie Darling.  We had a nice opportunity last night to get together from the ball drop folks and I have to echo the comments of Bill Poole and the rest of people that are talking about volunteerism because it’s a big thing in this community, whether it be the fire service or youth days, it makes a difference.  This community has always comes out big for volunteers and I am going to  tell you, from the last Council, I’m going to say two years ago, I was against the ball drop only because I was concerned, and so was the Council, because we were concerned about the alcohol and the pub crawl and that sort of thing, but once I got involved with it and I think I made just about every meeting, we planned it, I was extremely pleased with the planning end of it, came off without a hitch, now there’s plans for making it bigger and better, so I’m looking forward to it already and I have to thank Debbie and Bill and anybody else that’s involved with volunteerism in the City because it makes us what we are.  I think that what Council President Zeisz mentioned about the dogs in the park, I’m a little leery about dogs in the park myself.  I think parks should be for people and I don’t worry about the good dog owners, you don’t have to worry about good dog owners, it’s the bad ones, what I would call a bad dog owner that doesn’t clean up their dog mess and then you have a baby crawling around in the grass and before you know it, you got problems.  But let’s see how it works out, it’s a compromise position, it’s at the other end of the park and there is a sunset on it and we can evaluate it again next year, so hopefully it will work out.  Another big thing coming up July 3rd is going be the unveiling of a military tribute to two families, both of whom were native to this City, Sgt. Skip Muck from the 101st Airborne, actual Band of Brothers mentioned in the movie, mentioned in the book, he was from the City of Tonawanda, and the Niland family who many people feel that the movie “Saving Private Ryan” was about that family.  Believe it or not, out of 300,000,000 people in this country, those two families came from right here from the City of Tonawanda and I couldn’t be prouder of that.  Of course a lot of people know I was in the 101st Airborne in Vietnam so I have a close affiliation and affection for the Muck family and one of the Niland sons that was killed in action came from the 101st Airborne.  We’re looking at, hopefully, having just a great event July 3rd, put it on your calendar.  The actor that played Sgt. Muck in the movie is gonna be here, already made arrangements, they called from New York City, HBO productions, another guy who just happened to be in the 101st Airborne is in charge of that and we kind of lucked out there.  We have a clip of the movie “Band of Brothers”, we are not going to watch all ten hours of it but two segments of it, we already have it reserved for the Riviera Theatre, free of charge to the public.  It’s gonna be a big day, so put that on your calendar. 

 

Council President Zeisz – I have nothing further, have a great night, thanks for coming, we’ll see you again, drive home safely and God Bless you. 

 

ADJOURNMENT

 

62.       By Councilmember Slisz                                         seconded by Councilmember Poole

            Resolved, that this Common Council adjourn until, March 16, 2010.  

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

 

 

 

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City Clerk

 

 

 

 

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Mayor

 

 

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Date Filed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5.         By Councilmember                                                            seconded by Councilmember

            Resolved, that the Mayor be authorized and directed to sign the following agreement:

            THIS AGREEMENT, made the 1st day of April, 2010, by and between the CITY OF TONAWANDA, a municipal corporation, situate with the County of Erie and State of New York hereinafter called the "CITY" and the DELAWARE HOSE COMPANY #2, a volunteer fire company organized and existing within the City of Tonawanda, hereinafter called "COMPANY".

            WITNESSETH:

            WHEREAS, the said Company furnished fire protection to said City and maintains facilities and personnel to answer calls and fire alarms for the protection and preservation from fire of life and property.

            NOW, THEREFORE, in consideration of the covenants and agreements hereinafter set forth, the parties hereto agree as follows:

            1.  The Company agrees to maintain and furnish at all times, protection from fire of life and property in the City of Tonawanda and to maintain and furnish the services of the volunteer members of said companies in so protecting life and property.

            2.  The City agrees to make payments to said Company in the following manner:

            The sum of $5,350.00 payable on the first day of April, 2010.

 

Gilbert, Boyle, Slisz, Poole, Zeisz

Ayes:

Nays:

           

6.         By Councilmember                                                            seconded by Councilmember

            Resolved, that the Mayor be authorized and directed to sign the following agreement:

            THIS AGREEMENT, made the 1st day of April, 2010, by and between the CITY OF TONAWANDA, a municipal corporation, situate with the County of Erie and State of New York hereinafter called the "CITY" and the NATIONAL HOSE COMPANY #1, a volunteer fire company organized and existing within the City of Tonawanda, hereinafter called "COMPANY".

            WITNESSETH:

            WHEREAS, the said Company furnished fire protection to said City and maintains facilities and personnel to answer calls and fire alarms for the protection and preservation from fire of life and property.

            NOW, THEREFORE, in consideration of the covenants and agreements hereinafter set forth, the parties hereto agree as follows:

            1.  The Company agrees to maintain and furnish at all times, protection from fire of life and property in the City of Tonawanda and to maintain and furnish the services of the volunteer members of said companies in so protecting life and property.

            2.  The City agrees to make payments to said Company in the following manner:

            The sum of $5,350.00 payable on the first day of April, 2010.

 

Gilbert, Boyle, Slisz, Poole, Zeisz

Ayes:

Nays:

 

7.         By Councilmember                                                            seconded by Councilmember

            Resolved, that the Mayor be authorized and directed to sign the following agreement:

            THIS AGREEMENT, made the 1st day of April, 2010, by and between the CITY OF TONAWANDA, a municipal corporation, situate with the County of Erie and State of New York hereinafter called the "CITY" and the NIAGARA HOSE COMPANY #3, a volunteer fire company organized and existing within the City of Tonawanda, hereinafter called "COMPANY".

            WITNESSETH:

            WHEREAS, the said Company furnished fire protection to said City and maintains facilities and personnel to answer calls and fire alarms for the protection and preservation from fire of life and property.

            NOW, THEREFORE, in consideration of the covenants and agreements hereinafter set forth, the parties hereto agree as follows:

            1.  The Company agrees to maintain and furnish at all times, protection from fire of life and property in the City of Tonawanda and to maintain and furnish the services of the volunteer members of said companies in so protecting life and property.

            2.  The City agrees to make payments to said Company in the following manner:

            The sum of $5,350.00 payable on the first day of April, 2010.

 

Gilbert, Boyle, Slisz, Poole, Zeisz

Ayes:

Nays:

           

8.         By Councilmember                                                            seconded by Councilmember

            Resolved, that the Mayor be authorized and directed to sign the following agreement:

            THIS AGREEMENT, made the 1st day of April, 2010, by and between the CITY OF TONAWANDA, a municipal corporation, situate with the County of Erie and State of New York hereinafter called the "CITY" and the UNION HOOK & LADDER COMPANY #1, a volunteer fire company organized and existing within the City of Tonawanda, hereinafter called "COMPANY".

            WITNESSETH:

            WHEREAS, the said Company furnished fire protection to said City and maintains facilities and personnel to answer calls and fire alarms for the protection and preservation from fire of life and property.

            NOW, THEREFORE, in consideration of the covenants and agreements hereinafter set forth, the parties hereto agree as follows:

            1.  The Company agrees to maintain and furnish at all times, protection from fire of life and property in the City of Tonawanda and to maintain and furnish the services of the volunteer members of said companies in so protecting life and property.

            2.  The City agrees to make payments to said Company in the following manner:

            The sum of $5,350.00 payable on the first day of April, 2010.

 

Gilbert, Boyle, Slisz, Poole, Zeisz

Ayes:

Nays:

 

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