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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 47. Control
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 Law. The 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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