Council Chambers

Tonawanda, New York

May 18, 2010

 

A Regular Meeting of the Common Council

 

Present:  Council President Zeisz

Present Councilmembers:  Gilbert, Boyle, Slisz, Poole

 

Pledge of Allegiance led by Council President Zeisz

 

Prayer led by Council President Zeisz

 

PUBLIC HEARING

 

Storm Water Management Plan

And

Annual Storm Water Report

 

Jason LaMonaco, City Engineer – The Phase II program is a storm water program that’s basically run by the DEC in the area.  Every year we do a report, status of the City, where we are, are we in compliance with what we’ve done, and every year we have to have this public hearing, going over those issues.  The document has been available for the last two weeks in the Clerk’s Office, it’s about 100 pages of fun if anybody is interested in reading or commenting on it but, it’s broken down into six control measures and I’m just going to briefly go over each one with a couple of bullets.  First Minimum Control Measure is Public Education and Outreach, in conjunction with WNY Stormwater Coalition, we conducted construction site outreach training, we’ve given public presentations, one during the fishing derby last year, as well as one during Canal Fest, various school programs and every month the WNY Stormwater Coalition host a monthly meeting open to the public as well.  The second Minimum Control Measure is Public Involvement/Participation.  Every year we do the stormwater management plan annual report review, open to the public.  The County hosts a household hazardous waste pick-up, this year there were 3300 participants, and we hold two street clean-up events, locally this past year, we did 47Control Measure three, Illicit Discharge Detection & Elimination, every year we are responsible to inspect 20% of the stormwater out calls in the various waterways throughout the City to ensure they aren’t discharging oil, chemicals, or anything that shouldn’t be discharging into the streams aside from the stormwater.  We did do that this year, we focused on the Niagara River outfalls and we passed a local elicit discharge detection and elimination law which is equivalent to the State LawThe next two MC 4, Construction Site Control, we attended construction site inspection training.  Number 5, Post-Construction Stormwater Management, the City, doesn’t really apply to us, what this control measure is, when they do developments nowadays, your stormwater impact has to be basically the same as the land was prior to development, so you notice when there’s new development going up, the preferred method is ponds for storage, you see ponds with every new development.  This particular control measure ensures that the municipality is maintaining the ponds that are installed by the developments.  We obviously don’t have that so it’s not anything we have to worry about.  Minimum Control #6 Stormwater Management for Municipal Operations, we swept 750 miles of streets, there’s not 750 miles of street in the City, that includes all the miles that were swept and the number of times throughout the year so that’s how we arrived at that number.  We cleaned 228 catch basins, swept some parking lots and repaired or replaced 99 catch basins and manholes.  That’s the clip-notes version, like I said, there’s a 100 page document that is available for you in the Clerk’s Office. 

 

Councilmember Gilbert – Jason, what’s the Millstream Pond as far as overflow and stuff like that, what is that considered?

 

Jason LaMonaco - I need to give you an update on that.  We did have a meeting, an engineer’s meeting today, some of the town’s engineers in the area and one of the people brought up the fact that there may be a delay in the Erie County map becoming official.  There is some issue with the DEC and some of the methodologies that were used with the model itself, so Tuesday the Town Engineer is going to come, we’re gonna meet with the Mayor and call the DEC and get it straight from the horses mouth, so to speak, on where things stand there, but we are also in the process of putting together an RFP to look at the Millstream area in conjunction with the Town area,  directly to the east. 

 

Mayor Pilozzi - But that’s a good questions because if you look at the map of that flood plain, it really starts in the Town of Tonawanda and moves towards us, so we have to work with the Town of Tonawanda on that effort and Jason is doing a good job. 

 

Jason LaMonaco - At one point, there was a wide slope going to streams that originated in the Town, went through the City, and into Ellicott Creek, that low area through there. 

 

Councilmember Poole – Jason, what period of time does that street sweeping cover?

 

Jason LaMonaco - That would be March of 2009 to March of 2010. 

 

Councilmember Poole - Are those numbers slightly increased because of the work at Spaulding? 

 

Jason LaMonaco – (inaudible)…based on approximately sweeping all the streets in the City 15 times through the course of the year.  The bulk of that activity occurs during the Fall, during leaf pickup they sweep more aggressively than they do throughout the year.

 

Public Hearing Declared Closed

 

COMMUNICATIONS FROM THE MAYOR

 

A letter to David Battaglia, 9 Koch Street, dated May 6, 2010 reappointing him to the Civil Service Commission term to expire May 31, 2016.

 

A letter from Senator Antoine M. Thompson dated May 4, 2010, regarding the NYS Department of State Local Government Efficiency Program.

 

A letter from Canal Splash dated May 7, 2010, asking for our help in making their Fifth
Annual Canal Splash a success.

 

A letter from the Clean Air Coalition of WNY dated May 3, 2010, to Commissioner Grannis of the NYSDEC, regarding funding for the Tonawanda Air Monitors.

 

A letter from Senator Antoine M. Thompson dated May 10, 2010, thanking the Mayor for copying him in on his letter to Commissioner Grannis regarding funding for air monitoring in Tonawanda.

 

A letter from the State of New York Department of State dated May 10, 2010, informing the City that the Town of Tonawanda Waterfront Revitalization Program is available on line.

 

A Proclamation proclaiming May 17, 2010 “Older American’s Day” in the City of Tonawanda.

 

A letter to the Superintendent of Schools, Whitney K. Vantine, Ed.D. dated May 13, 2010, regarding the Little League property.

            Ordered filed

 

COMMUNICATION FROM CITY OFFICIALS AND CORRESPONDENCE

The following monthly reports were received by the City Clerk:

            May minutes of the Civil Service Commission

            Executive Minutes of the City Clerk (3/16,30;4/6,20;5/4,11)

General and Sewer Fund Revenue and Expenditure Budgets for the City of

  Tonawanda as of May 18, 2010.

                 Referred to the Committee of the Whole

                        Ordered filed

A letter from the Common Council to the Senior Citizen’s Center, dated May 12, 2010, congratulating all members of the Senior Citizen’s Center during Senior’s Month.

            Referred to the Committee of the Whole

 

A Notice of Public Hearing from the City of Tonawanda Board of Appeals  to be held on Monday, May 24, 2010, for a variance request at 55 Steiner Avenue to demolish an existing garage and erect a new 20’ X 26’ private garage.  The proposed garage will be 6” from the side lot line and 12” from the rear lot line.

            Referred to the Committee of the Whole

                        Ordered filed

           

COMMENTS BY THE PUBLIC ON RESOLUTIONS

 

There were no comments from the public on the resolutions.

 

MOTIONS AND RESOLUTIONS

 

150.     By Councilmember Slisz                                         seconded by Councilmember Boyle

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

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

           

151.     By the Council                                                  seconded by the Council

            Resolved, that the 2010 General Fund Budget be amended to account for State and Federal Equipment Grants received for equipment upgrades in the Police and Fire Departments, and to account for the lease/purchase cost of Police Vehicles.

 

Federal Revenue A4008             JAG Grant, Police Dept                 add $20,526

Expense  A3120.202                              Police Dept Equipment                    add $20,526

State Revenue A3410                         NYS Fire Dept. Equip. Grants            add $20,500

Expense A3410.203                              NYS Fire Dept Equipment Grants  add $20,500

Expense A3120.201                              Police Dept Vehicles                           add $13,000

Expense A3125.100                              DWI Salaries                                         subtract $10,000

Expense A3125.476                              DWI Training                                subtract $  3,000

 

Net Budget Effect  -$0

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

152.     By the Council                                                  seconded by the Council

            Resolved, that permission be granted to Enbridge, 860 Two Mile Creek Road, Tonawanda, to hold an emergency response exercise on the Niagara River on Tuesday, June 22, 2010, from approximately 9:00 A.M. to 12:00 P.M., just upstream of the canal and the east branch of Tonawanda Island and be it further

            Resolved, that all aspects of the exercise be coordinated with the City of Tonawanda Fire Department, the City of Tonawanda Police Department and the City of Tonawanda Parks Department and be it further

            Resolved, that a Certificate of Insurance naming the City as additional insured be presented to the City Clerk no later than Friday, June 11, 2010.

 

Councilmember Gilbert – What is the function of Enbridge, what kind of a response are they going to be doing?

 

 

 

 

 

City Clerk Bodie - It’s a spill, clean up, oil spill.  

 

Council President Zeisz – Like a hazmat.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

           

153.     By Councilmember Gilbert                                      seconded by Councilmember Slisz

            Resolved, that Article 5, Traffic Schedules, Section 62-154, Schedule IV, entitled “One-way streets” listing one-way traffic on Morgan Street from Young Street to Delaware Street be rescinded.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

154.     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

 

155.     By the Council                                                  seconded by the Council

 

A BOND RESOLUTION, DATED MAY 18, 2010, OF THE COMMON COUNCIL OF THE CITY OF TONAWANDA, Erie county, NEW YORK (the “city”), AUTHORIZING THE construction of the Ellicott Creek ADA Fishing Pier, at an estimated maximum cost of $135,000 and authorizing the issuance of serial bonds in an aggregate PRINCIPAL amount not to exceed $110,000 of the city of Tonawanda, pursuant to the local finance law to finance said purpose, SAID AMOUNT TO BE OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS RECEIVED, and delegating the power to issue bond ANTICIPATION notes in anticipation of the sale of such bonds to the city treasurer.

BE IT RESOLVED, by the Common Council (by the favorable vote of not less than two-thirds of all the members of the Council) as follows:

SECTION 1.      The specific purpose (hereinafter referred to as “purpose”) to be financed pursuant to this resolution is the construction of the Ellicott Creek ADA Fishing Pier, including all necessary equipment, materials and related site work and any preliminary costs and costs incidental thereto. The estimated maximum cost of said purpose is $135,000.

SECTION 2.      The Common Council plans to finance the estimated maximum cost of said purpose by the application of grant funds and by the issuance of serial bonds in an amount not to exceed $110,000 of said City, hereby authorized to be issued therefore pursuant to the Local Finance Law, said amount to be offset by any additional federal, state, county and/or local funds received.  The cost of such improvement is to be paid by the levy and collection of taxes on all real property in the City to pay the principal of said bonds and the interest thereon as the same shall become due and payable.

SECTION 3.      It is hereby determined that said purpose is an object or purpose described in subdivision 7 of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is 20 years.

 

SECTION 4.      Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of said bonds.

 

SECTION 5.      It is hereby determined the proposed maturity of the obligations authorized by this resolution will be in excess of five years.

 

SECTION 6.      The faith and credit of said City are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year.  Unless paid from other sources, there shall annually be levied on all the taxable real property of said City a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

 

SECTION 7.      Subject to the provisions of this resolution and of the Local Finance Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals of said notes and of Section 21.00, Section 50.00, Sections 56.00 to 60.00, Section 62.00 and Section 63.00 of the Local Finance Law, the powers and duties of the Common Council pertaining or incidental to the sale and issuance of the obligations herein authorized, including but not limited to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the City Treasurer, the chief fiscal officer of the City.

 

SECTION 8.      The temporary use of available funds of the City, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the purpose or purposes described in Section 1 of this resolution.  The City then reasonably expects to reimburse any such expenditures (to the extent made after the date hereof or within 60 days prior to the date hereof) with the proceeds of the bonds authorized by Section 2 of this resolution (or with the proceeds of any bond anticipation notes issued in anticipation of the sale of such bonds).  This resolution shall constitute the declaration of the City’s “official intent” to reimburse the expenditures authorized by Section 2 hereof with such bond or note proceeds, as required by United States Treasury Regulations Section 1.150-2.

 

SECTION 9.      The City Treasurer is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265(b)(3)(B)(i) of the Code.

 

SECTION 10.    The City Treasurer is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.

 

SECTION 11.    The City has complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act (“SEQRA”), comprising Article 8 of the Environmental Conservation Law and, in connection therewith, duly issued a negative declaration and/or other applicable documentation, and therefore, no further action under the State Environmental Quality Review Act is necessary.

 

SECTION 12.     The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:

(1)   (a) such obligations were authorized for an object or purpose for which the City is not authorized to expend money, or

       (b)  if the provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication; or

(2)    such obligations were authorized in violation of the provisions of the Constitution of New York.

 

SECTION 13.     The City Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of said Local Finance Law, in a newspaper having a general circulation in said City and hereby designated as the official newspaper of said City for such publication.

 

SECTION 14.     This Resolution is effective immediately.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

           

156.     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 Cardinal O’Hara High School, and

            Whereas, the application is being 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 Cardinal O’Hara Hawk Walk must be coordinated with the City of Tonawanda Police Department, now, therefore be it

            Resolved, that permission be granted to Cardinal O’Hara High School to hold their annual Cardinal O’Hara Hawk Walk through various streets of our City on Friday, May 28, 2010, from 9:00 A.M. to 11:30 A.M. and be it further

            Resolved, that any overtime cost that may be incurred by the City of Tonawanda must be reimbursed to the City and be it further

            Resolved, that a Certificate of Insurance naming the City of Tonawanda as additional insured be presented to the City Clerk no later than May 24, 2010.

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

           

157.     By Council President Zeisz                                     seconded by Councilmember Gilbert

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

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

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

COMMENTS FROM THE PUBLIC AFTER RESOLUTIONS

 

Mike Young, 252 Adam Street – I understand you talked previously about the incident that I’m going to bring up, also Assistant Chief in the Fire Department.  On May 1st  there was a serious accident at the corner of Niagara and Kohler.  I think you’re all aware, a resident of the City was struck by a car.  While we were there taking care of gentleman, my concern was, any given night at Mississippi Mudds, there must be 60 people getting ice cream.  The only barricade is that piping, that yellow piping that’s there along Niagara Street that keeps the people from going into Niagara Street.  I’m looking at it and I’m thinking, what would happen some night if a car came down Niagara Street, like a lot of people do rubbernecking along the River looking at a young lady or whatever they’re looking at, looks back light’s red, goes to slams on breaks, veers to the right and we get the call that there are six to ten people crushed between the car and the building or underneath the car, if not more.  What I think we have to do, I know there is a cost involved in this, from the sidewalk to the entrance to the parking lot of Mississippi Mudds, we need some type of guardrail.  Rather it be one like one on the thruway, weather it be cement.  Again maybe if you contacted Mississippi Mudds they would be willing to pay for half of it.  Even if they don’t I think the City has to do something.  God forbid the time comes and we get a call that there are three or four people under a car.  I would hate to be the one to make that phone call.  Thank you.

 

Councilmember Boyle – Mr. Young, we were just talking, probably ten minutes ago, talking about that.  Something has to happen because I think that would keep people from crossing in the middle of that area by Mississippi Mudds and stuff like that and you are saying that there is a cost involved and I think that it is a cost well worth it.

 

Mike Young – One person’s life.  I would hate to make that phone call at 1:30 A.M. 

 

Councilmember Gilbert – The discussion we were having was trying to come up with a way to slow the traffic down a little bit before they get there and to keep their eye on the road.

 

Mike Young – We need some kind of guardrail, even at 20 mph. if somebody got pinned between a car and the building it’s still going to cause damage or kill somebody.  In that area I think it is well worth what it would cost.  Thank you.

 

Debbie Darling, 263 Brookside Terrace - Just a comment about what he was kind of talking about too.  I use Niawanda Park launch for jet skis and on a Saturday afternoon when there are people standing at Mississippi Mudds getting their ice cream, if you are coming out of the park and you want to make a left, our light is green to make the left but yet there’s people walking across the street, or I’m sorry, the right.  There’s people walking across the street and they’re not really paying attention to people that are coming out of the park.  That might be something else you might want to look into.  I don’t know if a delay, an arrow of some sort or maybe a pedestrian light that would flash to warn them that they only have a certain amount of time to get across the street before traffic would flow, but in addition to what he was just saying about the people at Mississippi Mudds.  Something else I would also like to ask, recently I just saw that that same launch is also open to public parking.  I have three questions on that.  One is, when did that happen?  Two, how come over half of those spots are now public? And three, what happens when I pay for my permit to go down and launch my jet skis and all of those spots are filled by public parking and I have to place to launch? 

 

Councilmember Boyle – When was that made public?

 

Council President Zeisz – We did half of them.

 

Debbie Darling – It is over half, I counted them.   14 spots for boaters, 18 spots for the public.  It doesn’t seem fair that we pay to launch and even outside residents pay even a higher price to launch there and now you have opened it to the public for free.  It is an issue that I wanted to bring up.

 

Council President Zeisz – I will take a look at it.  I know that the original thought was not to go more than half of the spots.

 

Debbie Darling – Unless I counted wrong, there are 14 for boaters and 18 for non-boaters.

 

Council President Zeisz – Let me ask you because you’re obviously are down there, we haven’t noticed a lot of times that the spaces are taken up. 

 

Debbie Darling – In the early part of the season, you are right, not all of those spots are filled by boaters, but on a Saturday afternoon and this beautiful weather, I’ve had to park down to like if you were going from the launch itself, probably ¾ of the way down in front of Mississippi Mudds to park my trailer once I had launched because it’s filled.  I’m ticket permit holder #56.  I don’t know how many are issued.  This is only May and the season really hasn’t even started yet.  So if 56 people have already filed for their permits to launch, you’re gonna have at least 100 people down at times wanting to use it throughout the course of a weekend.  Especially now with Mississippi Mudds being open, if they know they can park down there, they will say oh, I am just one over that public line, they’ll never do anything.  That’s open, the rest of the boaters are down at the other end.  People are going to push the limit.  They are going to think that that whole lot is public parking so who is going to patrol that.  When you come down there with your boat or your jet ski and you want to launch and there is no official down there to enforce the public parking and the boater parking, I paid for a permit and I am going to be really unhappy if I can’t find a spot and public parking is paying nothing to be there.  I understand that you want to bring the public in and I am all for that.  But, it just doesn’t seem fair that over half of that lot is now public.

 

Council President Zeisz – I will take a look at that because it wasn’t supposed to be that many spaces.  At least that wasn’t my understanding.  

 

Debbie Darling – I think too the signs, even though they are posted, it is not very obvious that only part of it is public.  When you drive down there, like the gentleman just said, if you are busy at what is going on and you think oh I want to hurry up and meet my friends you see a spot and you are just going to pull in.  I watched a Police Officer, two years ago, give a ticket to somebody walking a dog along the park because you couldn’t have dogs down there but yet he didn’t give tickets to two vehicles that were parked there that didn’t have launch permits.  So, not to say they aren’t doing their job, they were giving a ticket but he wasn’t patrolling that particular area.

 

Jeff Schultz, 325 Morgan Street – I’m involved in putting the signs up down there.  They went up last Fall.  We were instructed to do that.  Supposedly there was a survey done as to how many, on an average week, how many cars with boats were down there, and that’s where they came up with approximately we have, I think you said 14.  There are never any more than that on a busy weekend.   If you drive down that road I did put a sign up that does say “limited public parking ahead”.  So there is a warning as you are going down that road to the fact that there is limited parking.  We did the first ones for the public, with a separation where the boats and the public parking and the trailers, and then there is another sign as you get to the docks that does say “vehicles with trailers excluded beyond this point”.  I know what you are talking about, nobody reads signs and it is just something that is human nature, we did put the signage down there and did the best we could.  And then as far as a crosswalk for Kohler and Niagara, there is a countdown for the crossing at Niagara Street, that is if the people push it, and yes, it flashes.

 

Debbie Darling – I’ve been overseas and at there crosswalks the lights flash and they give warning.  Sometimes there is a little bit of a siren or a bell or whistle that goes off continually so if people really aren’t looking they can hear that and think, oh what is that noise, I better look around and then they realize that they only have a certain amount of time to get across the street.  So, maybe that is something that you can look into which would make it more noticeable to the people that are crossing that they only have a certain amount of time and it is almost up and they better hurry.

 

Jeff Schultz – I’ve also requested, I think we put in for the grant, to put audible alerts at Kohler, Tops, and Main Street and Niagara.  I’m just waiting to hear if we got the grant or not.

 

Debbie Darling - And the other thing about the signs, if maybe there was a way that you could identify a public parking spot in a different color, stripe, something on the pavement, real big bold letters, public parking, and the boaters would have something different so when you’re pulling in there’s a color difference. 

 

Jeff Schultz - Well parking lines are supposed to be yellow.  The parking spot for the vehicles are shorter than the parking spots for the trailers. Shorter length-wise. 

 

Gayle Syposs, 301 Broad Street – I’d like to start tonight by expressing my thanks to the Fire Department and the Police Department for all their attention and attempts to contact me and to take care of our dog during my son’s accident.  I know that there’s, over the years there’s been conversations about stop signs and speed limits and that sort of thing in our community and I think there’s two sides to the issue.  On the one hand, you have people that have to travel past these things that complain there are too many stop signs, that sort of thing, in our community, but I would suggest to you that Niagara Street has, for some time, in particular now with the trouble on the Grand Island Bridge, we’re basically a driveway for people that are going through our community and I’m just a little curious as to who we are going to inconvenience if you consider decreasing that speed limit.  If you look at the Town of Tonawanda, I think around any of their recreation areas, the speed limit is decreased.  I know there’s one where it’s the same as the rest of the Town. So it happens that it was my son who was hit by a car and in my son’s case, as you well know, he had a previous head injury so he tends to walk a bit slow and he’s probably a bit of a special case for this type of thing, but I have been contacted by people who said they’ve had family members who’ve had hip replacements or various other infirmities and have difficulty getting across the street in the 20 seconds I think I was told there is, the pedestrian light stays so I just wondered who we’re inconveniencing if we increase that.  I watched a woman in downtown Buffalo the other day and I didn’t have a stop watch, but I think that pedestrian thing stayed for something like 40 seconds.  I mean who’s the inconvenience? Let me just point out something quite frankly that I didn’t know, although I think I’ve always practiced it, and the Chief has pointed out to me, that a pedestrian at a crosswalk has the right-of-way.  My son had started across the street and push the button, he got tangled up with our dog that he was walking and consequently was eventually against the light when this poor gal hit him.  It’s just a nightmare waiting to happen.  Niawanda Park is one of the most popular places in the County and I swear, all summer long.  And by the way, I would encourage you to not do anything to discourage out-of-towners from buying hot dogs and support businesses that employ a lot of young people all summer long.  I just would ask, it doesn’t seem to me that changing the delay on that light should be turned into such complicated situation.  I think you ought to just do it and also the delay timing at Main at the towers.  I mean, you’ve got seniors in that building, apparently that’s not any longer either and I think Tops is the other place that people complained about.  As to the situation in front of Mississippi Mudds, it would seem to me that some sort of barricade ought to be put up.  I wonder if you contacted one of our State representatives, I mean they’ve always got these concrete things they’re dragging all over the thruway, to put in place, I mean it might be a little bit bulky out there but you really need something strong enough to stop something before it happens.  As far as that intersection goes for the delay, yesterday I was gonna turn right on that street and I was stopped at the light and there was a couple with three kids coming across from the park, I mean this guy wasn’t paying the least bit of attention, I mean these people literally had to run.  I realize you can’t put up signs and you can’t legislate or you can’t speed limit people’s brains.  At least maybe we can get them to slow down even if it was just in the summer.  Compared to the Town show me one recreational area that doesn’t have a diminished speed limit and it would seem that this area, possibly from Gibson To City Hall.  I mean you people have a nightmare getting out of here.  I am sure the Mayor knows and the traffic now with the Grand Island Bridge is just ridiculous.  So, that is my two cents.  I want to thank Acting Chief Ivancic.  He was at the hospital with my son when I got there and I appreciate his attention.

 

Dave McCormick, 613 Niagara Street – Going back to the boat launching, I have a boat there, I think people are forgetting about how many people park boats or use the boating launch.  You need that much area to turn your boat around safely and back it into the River.  Right when you come out of the water by the docks you have yellow lines there where most of the pedestrians walk with their children now you have opened it up with dogs all over the place too.  Now you are throwing in cars with children getting roller blades on or getting bikes out of their cars now you have a recipe for somebody to get really hurt down there.  It is not really that 14 cars can wedge in here and 14 boat owners can wedge in here.  It is turning the boat around.  When you are backing your boat up you don’t know when people are walking or riding their bikes between those yellow lines.  If you have people coming out from those yellow lines to get to their cars and you are backing up your boats somebody is going to get hit.  I think I agree 100% with what Gayle said earlier too.  I believe every word you said.

 

Rebecca Reid, 21 East Hill Street – I was just wondering where we stand with our parking thing? 

Councilmember Boyle – Next meeting it will be on the agenda.

 

Council President Zeisz – Once we get the wording we can publish it in the paper than once it is published we can put it on the agenda which will hopefully be the next meeting. 

 

Councilmember Boyle – It has to be stated that this is the way it is going to be.

 

Rebecca Reid – Somebody else came down to our street and measured.  I don’t know who it was.  You had come over and Andy said that somebody else came over measuring the street.

 

Council President Zeisz – It is 16’.

 

Rebecca Reid – We know that.  That is why Blake has suggested getting rid of those two parking places at the end which would allow for the pump truck to get down the street.  My mother did speak with the Fire Chief and he said that would be adequate room to get the truck down.

 

Councilmember Boyle – I have a question, you know where that turn is, on the right, what is that building straight back? 

 

Rebecca Reid – That is apartments.  There are three apartments back there. 

 

Councilmember Boyle – That is one of the things the Chief said, if he had to get back there he could put lines together and could get back there to fight any kind of fire. 

 

Rebecca Reid – That is owned by Bill McMaster an ex-cop from the City.  He owns the whole thing down there.

 

Councilmember Boyle - That is one of the questions that he had but he said if he can get the pumper down, he would be able to hook up a couple of lines to get back there.

 

Rebecca Reid – How big is the pumper compared to a snowplow because I know for sure the plow can get down there.

 

Councilmember Boyle – 10’ wide but much longer.

 

Rebecca Reid - If he can get down to the end that is not going to be a problem.  The plow gets down there, the garbage truck gets down there.

 

Councilmember Gilbert – Can you get it down there Mike?

 

Mike Young – Yes, we can get it anywhere we want.  When we start pulling the hoses off the sides of the truck you can take up another 4’ or 5’ sometimes and I think that that was one of the Chief’s concerns.  Not only the ladder truck that was so big when you do get trucks down whether you would be able to pull hoses off.

 

Rebecca Reid – We are a very small street so we would see the pumper, we would go out and move our cars.  We do not want them to get hit.  We would get out there and move them.  That’s us, I guess. 

 

Council President Zeisz – We should be able to get it on next meeting.

 

Debbie Darling – The Bark Park, have you had any meetings with the people that made the presentation at last meeting?

 

Council President Zeisz – We have to set up a meeting. 

 

Councilmember Gilbert – I would like Acting Chief Ivancic’s thoughts on the Niawanda parking at the boat launch area.

 

Acting Chief Ivancic – I can assure you that the enforcement at Niawanda is a high priority.  We tend to hit it very hard at the beginning of the season, try to set the tone for the rest of the year.   I agree that on a hot summer night there are hardly any spaces left.  They are filled with boats.  You may have a problem come one of these hot summer days this year. 

 

Councilmember Gilbert – So your opinion would be?  How do you like that for the “hot seat”.

 

Acting Chief Ivancic – What I really think you should do is take away some of that green space before the larger area and put in a single row of parking and leave the large lot for the boats.

 

Council President Zeisz – There are not going to be any parking meters.  Just so everybody knows, we talked about it tonight to put it to bed.  That is not going to happen.  They are not going to be anywhere.  We are not going to have parking meters. 

 

COMMENTS FROM THE COUNCILMEMBERS AFTER RESOLUTIONS

 

Councilmember Poole – I would just like to remind the public that on May 30th the United Vets Council will hold a bridge ceremony on the Reneissance Bridge at 11:00 A.M.  You are all invited to come down for that Memorial Day service.  Last night I had the pleasure of presenting a letter on behalf of the Common Council to the Seniors of the City of Tonawanda.  It is lengthy so I won’t read it all.  “The Common Council wishes to congratulate all members of the Senior Citizen’s Center during Seniors Month.  We congratulate you for your decades of service as taxpayers and citizens.  We recognize the contributions you have made to your community, as individuals, as members of our churches, service organizations, businesses and social clubs.  We laud you for serving as such fine role models to the youth of this community, to us, and for raising children who share your values and ethics, and in turn have given back to the community you call “home”.  Even their children are showing up as quality students, leaders in student government and productive members of many organizations in this fine city.  We recognize many of you at our Common Council and School Board Meetings, at the elections booths, on our advisory councils and behind the movements to raise money for worthy causes.  We have had much wisdom imparted to us by your active roles in the community, as our parents, uncles, aunts, cousins and in-laws.  We see you at Canal Fest, Niawanda Park, Mississippi Mudds, McDonalds and the many other fine restaurants here, as well as the library, along the River Walk, in doctor’s offices, your neighborhoods and at the Memorial Day and Canal Fest Parades.  We see you in the cemeteries honoring those who have gone before us.  Particularly, we want to recognize those of you who qualify as honorees at the “over 80’s” dinner being held on May 17th.  May the blessings you have bestowed on this community, return to you ten-fold.  May the joy and wisdom you have given so freely never cease bubbling from those sparking eyes, “neath silvery hair and guided by those gnarled, caressing hands”.  If your offspring and we, the community leaders, have the privilege of giving even half as much back to the community, as you have given us, we shall indeed be blessed and the character you have personified and championed will be evident in our thoughts and deeds.  You have our boundless gratitude and respect.  May we be blessed with your presence in our lives for many more months of May, celebrating Senior’s Month.”  It is signed by all of the Common Council members.  Thank you Mr. President.

 

 

Councilmember Slisz – No comment.

 

 

Councilmember Gilbert – Thank you Mr. Poole for just a couple of excerpts from that.  I want to thank the Fire Department.  My parents were in need of the Fire Department.  They were having a stressful day that day.  They had just come from a fire within two minutes of the call they were there.  I am very proud to say that I live in a city where the Fire Department is top notch.  I would also like to thank Jason for his Public Hearing comments.  He does a great job and I think he should be commended for his work.  I would like to thank the Chief for his comments.

 

 

Councilmember Boyle – My thoughts and prayers go out to David Jay’s family.  I had the pleasure of working with David for six years when I was on the Council before.  He was a straight shooter and Gayle what you said about lowering the speed limit.  When I read your article in the paper I said to Brenda why is this a different than Brompton?  If you are going to lower the speed limit I don’t think you should lower it for two or three months, you should lower it for good.  If you go down Brompton in the wintertime it is still 25 mph.  I’m not going to get into this thing on Morgan Street. You guys are fine.  We got what we wanted to get the trucks off that.  I think everybody is happy with that.  Also, Meghan, your dad was a Councilman with me for six years.  I never saw you at a meeting and you are here tonight.  Must be for school.  Everybody has to get their meeting in before the end of the year.  Guess what, nobody is going to sign it.  Everybody have a nice weekend.  Thank you Mr. President.

 

 

Mayor Pilozzi – This morning about 10:30 A.M. I received a phone call from our City Attorney, Ron Trabucco, telling me that David Jay had passed away.  I have known David Jay for a long time.  He is a terrific guy.  Very well respected lawyer and he is going to be sorely missed by a lot of folks.  Our thoughts and prayers go out to his family.  I would like to extend my congratulations to Kory Schuler who is President of our Downtown Merchants Association.  He was just appointed to a position in Niagara County.  Apparently it has something to do with tourism, Niagara Chamber.  We wish you well and don’t forget how close we are to Niagara County if there is any spillover.  Very shortly we are going to be seeing some building projects here in our City.  The one that comes first to mind is right behind City Hall.  There is going to be a brand new Veteran’s Monument.  It is going to be a class endeavor.  We are going to be mobilizing some equipment Friday.   Please, if you would, put July 3rd on your calendar, that is the day we are going to unveil and dedicate the Veteran’s Memorial to all veterans but in particular to Sgt. Skip Muck from the original Band of Brothers and also the Niland family who lost several members of their family.  In both cases, World War II.  It is going to be a great event.  The actor that played Sgt. Muck in the movie is going to be here and also some surviving members of the original Band of Brothers.  Councilmember Slisz and I were just talking about, before the meeting, is the starting of the old water plant removal and in short order that should start coming down.   There are some big things going on in terms of a new façade in the City of Tonawanda.  Lastly I would like to tell all of you procrastinators out there that come last minute, I did that for four different college degrees.  It’s not a bad thing.  It is always good to work under pressure because a lot of times you get a lot of pressure with jobs you are going to have when you grow up, so I hope that will prepare you well.  Have a good evening.

 

 

Council President Zeisz – I thank everyone for coming tonight and for anyone that did know David Jay, if you would just keep his family in your thoughts.  He was a great guy, I have known him for a lot of years and he will be greatly missed.  He was very well respected in the legal community, as well as around City Hall.  Have a great night, drive home safely and we will see you in two weeks.

 


 

ADJOURNMENT

 

158.     By Councilmember                                                            seconded by Councilmember

            Resolved, that this Common Council adjourn until, June 1, 2010.  

 

Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted

 

 

 

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