Council Chambers Tonawanda, New York September 18, Pledge of Allegiance and Silent Prayer led by Council President Zeisz

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1 A Regular Meeting of the Common Council Council Chambers Tonawanda, New York September 18, 2012 Present: Council President Zeisz Present Councilmembers: Little, Boyle, Slisz, Kossow Pledge of Allegiance and Silent Prayer led by Council President Zeisz COMMUNICATIONS FROM THE MAYOR A letter from Edward W. Schimminger, 605 Niagara Street, resigning as Historian for the City of Tonawanda, effective immediately. A letter from Police Chief Ivancic, dated September 10, 2012, with the breakdown of the costs for the Labor Day Car Show. A letter from the Executive Secretary of the Civil Service Commission, dated September 17, 2012, regarding the eligibility list for the Director of Recreation position. A memo from Joseph Ulanowski, Code Enforcement Officer for the City of Tonawanda, dated September 4, 2012, regarding the Morgan Street Playground. A petition from City residents regarding the Traffic Signal on Main Street at the Clinton Small Stadium. Ordered filed COMMUNICATION FROM CITY OFFICIALS AND CORRESPONDENCE The following monthly reports were received by the City Clerk: July minutes of the Civil Service Commission August minutes of the Board of Appeals August Monthly Report of the City Clerk August minutes of the Civil Service Commission August Activity Report of the Fire Department August report of the Plumbing Board September 11 th agenda for the Board of Education meeting Revenue and Expense Report for the City of Tonawanda General, Water and Sewer Fund Budgets as of September 18, Referred to the Committee of the Whole Ordered filed Notice of Public Hearing being held by the Board of Appeals on September 24, 2012, at 6:30 P.M., regarding a variance request to erect a new 6 high stockade fence in the side yard of 568 Delaware Street. Referred to the Committee of the Whole Notice of Public Hearing being held by the Board of Appeals on September 24, 2012, at 6:30 P.M., regarding a variance request to install an air conditioning unit in a side yard at 618 Adam Street. Referred to the Committee of the Whole A letter from the Twin Cities Elks Lodge #860 asking permission to temporarily place a dumpster on City property behind their new location at 55 Main Street. Referred to the Committee of the Whole A letter from Allstate dated September 12, 2012, regarding Dan Walter and Son Towing Company. Referred to the Committee of the Whole 199

2 A letter to Amanda Galas dated September 13, 2012, from the Superintendent of Schools, alerting her to the fact that Central School will cease all operations effective September 12, Ordered filed The Tonawanda Common Council, in an effort to conduct business in a timely fashion and maintain an open line of communication with the public, welcomes comments on resolutions and other City business. Persons wishing to speak and be recognized by the President of the Common Council are to be courteous, respectful, non-repetitive and brief. All questions and/or comments should be addressed to the President of the Common Council. Please state your name and address clearly for inclusion in the Common Council minutes. In the event any person wishes a response outside the confines of the Common Council meeting, please leave all necessary contact information with the City Clerk after the meeting. Persons may address the Common Council during (2) separate sessions of the meeting for a total of 30 minutes per session. Once Prior to the resolutions and also after the resolutions prior to Common Council comments. Individuals may speak a total of (3) minutes per speaker per session. The President of the Common Council will adhere to this (3) minute guideline in an effort to allow everyone an opportunity to speak who wishes to do so. The President of the Common Council reserves the Council s right to limit or expand upon these limits as he/she may deem necessary and prudent. COMMENTS BY THE PUBLIC ON RESOLUTIONS Roger Puchalski, 478 Adam Street I would request that when you go into Executive Session, you say you re going to do it, so it s known ahead of time to be published in the agenda and state what is the topic of the discussion of the Executive Session. I believe you re required to do so. Council President Zeisz It will be in the resolution. Roger Puchalski - What is the topic? Council President Zeisz It s contract negotiation with Natale Builders. MOTIONS AND RESOLUTIONS 212. By Councilmember Little seconded by Council President Zeisz Resolved, that the Common Council minutes from September 4, 2012, be accepted as filed. Councilmember Boyle Seeing as how I was not here for that last meeting, I m gonna have to abstain from that vote. Thank you. Ayes: Little, Slisz, Kossow, Zeisz Abstain: Boyle 213. By Councilmember Boyle seconded by Councilmember Kossow Resolved, that the bills be allowed as audited and the City Clerk be directed to draw warrants on the Treasurer for the various amounts. 200

3 214. By Councilmember Kossow seconded by Councilmember Slisz Whereas, a $25.00 Special Events application fee and application were received by the City Clerk for a Walk-a-thon 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 Police Captain Strassburg and the event chairperson, now, therefore be it Resolved, that permission be granted to St. Francis of Assisi School to hold a Walk-A-Thon on Friday, October 5, 2012, from 8:30 A.M. 10:30 A.M. and be it further Resolved, that any overtime that is incurred during this event will be paid for by the St. Francis of Assisi School and be it further Resolved, that a Certificate of Insurance naming the City of Tonawanda as additional insured be filed with the City Clerk no later than October 1, By Councilmember Boyle seconded by Council President Zeisz Resolved, that the reading of the next five resolutions be waived By Councilmember Boyle seconded by Councilmember Kossow Whereas, a $25.00 Special Events application fee and application were received by the City Clerk for a Community Health and Wellness Fair 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 Amanda Galas, Interim Parks and Recreation Director and the event chairperson, now, therefore be it Resolved, that permission be granted to The First Presbyterian Church and St. Francis of Assisi Church to hold a Community Health and Wellness Fair on Saturday, September 29, 2012, from 9:00 A.M. to 5:00 P.M. and be it further Resolved, that any overtime that is incurred during this event will be paid for by the First Presbyterian Church and St. Francis of Assisi Church and be it further Resolved, that a Certificate of Insurance naming the City of Tonawanda as additional insured be filed with the City Clerk no later than September 24, By Councilmember Slisz seconded by Councilmember Boyle Resolved, that the certificate of insurance and bond for Kevin Fawcett (CEF Enterprises, Inc.,) be filed and a license be issued to said plumber to do business in the City of Tonawanda By Councilmember Kossow seconded by Councilmember Slisz Resolved, that permission be granted to the Tonawanda City School District to temporarily close Little League Drive on Tuesday, October 27, 2012, from 3:00 P.M. to 6:00 P.M. for a Cross Country event and be it further 201

4 Resolved, that ingress and egress be provided for emergency vehicles By Councilmember Little seconded by Councilmember Boyle WHEREAS the Twin City Elks Lodge No. 860 has requested permission to temporarily place a dumpster on City-owned property behind its new location at 55 Main Street; and WHEREAS, this dumpster shall be used for discarded construction type material as the renovation of the premises is being completed to fit the needs of the Twin City Elks Lodge No. 860; and WHEREAS, the City desires to accommodate the Twin City Elks Lodge No. 860 in this endeavor; NOW, THEREFORE, BE IT RESOLVED that the Twin City Elks Lodge No. 860 is granted permission to temporarily place a dumpster on City-owned property behind 55 Main Street within the area commonly known as Koenig Alley; and BE IT FURTHER RESOLVED that the dumpster may be placed immediately and shall be removed no later than December 1, 2012; and BE IT FURTHER RESOLVED that the size of the dumpster shall not exceed 8 feet in width, 22 feet in length and 4.5 feet in height; and BE IT FURTHER RESOLVED that the Twin City Elks Lodge No. 860 shall provide the City with a certificate of insurance naming the City as an additional insured with limits of $1,000,000/$3,000,000 while the dumpster is located on City property By Councilmember Slisz seconded by Councilmember Little Whereas, a $25.00 Special Events application fee and application were received by the City Clerk for a Serviceman s Tournament 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 Amanda Galas, Interim Recreation and Parks Director and the event chairperson, now, therefore be it Resolved, that permission be granted to the Western New York Bassmasters to hold a Serviceman s Tournament on Sunday, September 23, 2012, and be it further Resolved, that any overtime that is incurred during this event will be paid for by the Western New York Bassmasters and be it further Resolved, that a Certificate of Insurance naming the City of Tonawanda as additional insured be filed with the City Clerk no later than September 21, By Council President Zeisz seconded by Councilmember Boyle 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 contract negotiations with Natale Builders. 202

5 Executive Session was ended and Common Council opened the door for further discussion and voted on the following resolution By Councilmember Little seconded by Councilmember Boyle Whereas, the City has carefully considered the merits of developing new, single family, market rate detached housing on a 16+/- acre parcel of City owned property commonly known as 151 Little League Drive (Parcel), and Whereas, the benefits of new residential housing include, in part: building the City s taxable property tax base and increasing City property tax revenue to help stabilize property taxes for existing City taxpayers; offering new housing product not currently available in the City housing market to attract new residents and maintain current City population levels; strengthening and complimenting the existing Fletcher Street neighborhood; attracting additional residents to support existing City commercial and retail business, and Whereas, the City previously requested, and successfully secured, New York State legislative approval to alienate the 151 Little League Drive Parcel for purposes other than the exiting open-space uses, and Whereas this parcel is currently zoned R-1, single family residence district, and the proposed use is compatible and consistent with existing the City s zoning ordinance, and Whereas, in October 2009, the City prepared a Request For Proposals (RFP) document, and provided public notice that the City was requesting proposals for the development of 151 Little League Drive, consistent with exiting City zoning ordinance and criteria contained in the City s RFP, and accepted responses and proposals in January 2010, resulting in City interviews with three qualified developers, and Whereas, after careful consideration of those proposals, the City previously determined the experience, successful development history and its proposal s consistency with City goals, criteria and objectives contained in the City s RFP, to designate Natale Building Corporation as the designated development for the parcel, subject to the terms contained in the attached document made part of this designation resolution, and Where, the Mayor shall update the Common Council at their regularly scheduled meetings on the first and third Tuesday of each month, now therefore, be it Resolved, the Common Council of the City of Tonawanda formally approves and re-designates Natale Builders Corporation as the Designated Developer for approximately 56 single family, detached, market rate residential structures located on the site commonly known as 151 Little League Drive, subject to and contingent upon the previously agreed terms and conditions and authorizes the Mayor to sign any and all documents related to this designation. The designation period shall be for 2 months. The Tonawanda Common Council, in an effort to conduct business in a timely fashion and maintain an open line of communication with the public, welcomes comments on resolutions and other City business. Persons wishing to speak and be recognized by the President of the Common Council are to be courteous, respectful, non-repetitive and brief. All questions and/or comments should be addressed to the President of the Common Council. Please state your name and address clearly for inclusion in the Common Council minutes. In the event any person wishes a response outside the confines of the Common Council meeting, please leave all necessary contact information with the City Clerk after the meeting. Persons may address the Common Council during (2) separate sessions of the meeting for a total of 30 minutes per session. Once Prior to the resolutions and also after the resolutions prior to Common Council comments. Individuals may speak a total of (3) minutes per speaker per session. The President of the Common Council will adhere to this (3) minute guideline 203

6 in an effort to allow everyone an opportunity to speak who wishes to do so. The President of the Common Council reserves the Council s right to limit or expand upon these limits as he/she may deem necessary and prudent. COMMENTS FROM THE PUBLIC AFTER RESOLUTIONS Debbie Puchalski, 478 Adam Street There seems to be a need to improve communication between the Council and the community. I went to hundreds of homes and the people I spoke with were unaware the negotiations with Natale developers were continuing. They thought the deal was dead as Mr. Zeisz always says. I understand you need to cut cost and promote revenue for the livelihood of our city. One of the questions are, who are you cutting the cost for when you offered Mr. Natale less than $170,000 for the entire parkland, okay? And the raising cost to the taxpayer by absorbing infrastructure costs. Another one is why should the taxpayers trust the Council s judgment when it s track record in the past has shown it is not financially responsible. For example, number one, the Council went over budget on the gazebo by thousands of dollars. Number two, the Council was over the budget by tens of thousands of dollars for the Spaulding cleanup. Number three, the Council went over budget between one hundred and three hundred thousands of dollars for the new pavilion, not including the ongoing cost of management which hasn t been determined yet. Aren t you supposed to investigate these costs before you go ahead on projects? Keep in mind the study required for the development. I know our water pressure frequently was very low when most people were at work and there s only two of us living in our home. Has it gotten to a point where citizens have to get a petition to Assemblyman Schimminger to review the entire alienation process? Thank you. Council President Zeisz - Thank you for your comments. Don Holler, 259 Utica Street I d just like to follow up with what she said that I agree with her 100%. Something has to change, you people have to get more involved with what you re doing. A couple hours a week is not enough to be a board member and last meeting I asked Mr. Kossow which price was right? The $170,000 or $500,000? I don t think I really got an answer. Can you tell me now what the property is assessed for is the main thing I want to know. What is that Little League Drive area assessed for? Thank you. Council President Zeisz Well to answer your question, and right now we just got two more quotes to do appraisals on the property again, but the property was appraised I think three times. In 2002, 2004, and 2008 and it was appraised, and I m not exactly positive, but I want to say one was $513,000, one was $510,000, they were in that range. As far as the RFP that was returned to us, not what we asked, they were offering $192,000 for the property but bear in mind there s a lot more that goes into this project than just them paying for the property and not that anything s been agreed to yet, but just, you know one thing people need to keep in mind, just because the City makes an investment in infrastructure doesn t mean they don t get anything back. This project back here at River Edge, the City made quite an investment in the infrastructure but the taxes that have come from that property in 29 years have been substantial so the income back to the City has been very substantial. This project at full fruition, you re talking about adding $13,000,000 to the tax base of the City and people can think whatever they want to think, this project back here added a lot of money to this community. Kelly Gromovitz, 49 Main Street I d like to know what happened to the nice garbage cans we used to have on Main Street. It looks disgusting down there, there were all these green totes and this weekend there was only one green tote and there was garbage everywhere. Outside TNT Pizza there was garbage all over, blowing around. Council President Zeisz I m going to have to throw that one to the Mayor since he s in charge of daily operations of the City. Kelly Gromovitz - They went away after Canal Fest and they never were returned. 204

7 Mayor Pilozzi - I don t have an answer for you but I ll look into it. Kelly Gromovitz And one more thing, we asked several years ago and it still hasn t happened. There are two phone booths on Main, one no longer has a phone outside of the laundry mat and kids climb all over it all the time, and the one up front of Mueller now, somebody s hit with a car and it s leaning and it doesn t work. I mean it looks like the slums down there lately. Council President Zeisz A couple of other things that I d like to address too and then you can, Mr. Puchalski, you can make your comments. Just to address some things as far as us being over budget and whatever, the pavilion technically is not over budget. The pavilion has come in exactly where it was projected to come in from the get go. It was projected to come in a little over $1,200,000 and that s exactly where it s come in. The gazebo is not over budget. Spaulding, I m not exactly sure where you re getting your information from but Spaulding is not either, but I m not gonna argue the point. Roger Puchalski, 478 Adam Street When I was at the meeting (inaudible) you ran over about $160,000 on Spaulding and I asked the Mayor at the meeting and the Mayor said there was an additional cost for removal that you didn t plan for, so you were over budget. You said it, I didn t. I d like to know from Ms. Little, before the second designation of Natale Builders as developer, did you read the request for proposal? Councilmember Little Did I read the original? Yes, I have the original. Roger Puchalski - Did you read it? It states in there that the developer is supposed to pay for the infrastructure, does it not? Councilmember Little The original, yes. Roger Puchalski Did you read the proposal from the (inaudible) Councilmember Little I m not sure. Roger Puchalski There was only three proposals. Did you read the other proposals from the other developers? Councilmember Little I didn t focus on it. Roger Puchalski Mr. Kossow, you represent the people in there from my district. Did you read the request for proposal before you designated Mr. Natale as the developer? Councilmember Kossow I did. Roger Puchalski Did you read the other proposals? Councilmember Kossow I did not. Roger Puchalski You did not? Council President Zeisz And I also directed them that they weren t interested because we checked again. Roger Puchalski You checked again. I talked to Mr. Burke this afternoon and he said he spoke with no one from this Council in the last year. That s what he told me. I called him up and talked to him and I think the Council should give the public the opportunity to see the other proposals. In the request for proposal, it did say that the developer may have to give a presentation to the community and I think you neglected the community by giving the opportunity to see those other proposals because Mr. Burke s proposal has a lot more trees, barriers between the park and his development and I don t believe he goes on to the walkway, so I d like to know, if the Council has another proposal where the guy was interested in paying for the infrastructure, why did they just dismiss those? Why don t you do another RFP. I don t think that s the way to do business and I think you re 205

8 gonna have a number of issues with, you re not taking into consideration by putting that there, you have the City Engineer telling you you re thousands and thousands of gallons over on the sewers, there s no water pressure up on Clay Hill that area there, you can t have somebody watering their flowers and flushing toilets at the same time. So we re gonna put more house. Mr. Burke s proposal had fewer houses. There s so many issues with this, you re asking people in the City where the median income is $49,000 and you re asking them to subsidize this project for houses that they couldn t even afford to build and pay for infrastructure that they couldn t and you say eventually we re gonna get the money back in taxes but you know, I ve heard you say the project is dead. Council President Zeisz - It was. Last year it was. Roger Puchalski You ve been quoted in the paper as saying, that no taxpayer dollars will go for this. It s in the paper, you can read that. Council President Zeisz Well thank you. Your time is up Mr. Puchalski. Roger Puchalski - Well I m gonna give you another indication of one last thing. You need to read the original alienation law which that was passed which says you have to give the City fair market value for that land which means if it s assessed at $510,000, you sell it at $120,000, the City s gotta cough up the difference to invest in other parks. Council President Zeisz - And we did with the pavilion. Roger Puchalski You ve got to alienate it. You can t say that you ve Council President Zeisz - well I m not gonna argue the point, you re time is up. Roger Puchalski - you say you took the money from land and already put that it in there? That s how you made that budget balance? Council President Zeisz I m not gonna argue the point with you. Other comments? Ron Malec, 20 Sharon Drive you re talking about the money the City s gonna get back from this project if it ever comes about. Do you have figures? How many years would it take, would it take five years, ten years, how many years would it take after the City s total investment a) selling this property for less than it s assessment b) floating a bond issue or whatever it is we need to do to pay for infrastructure, how many years are we gonna have to wait to get the money back before we actually see we could pass the (inaudible). Council President Zeisz First of all, we d have to actually agree to a plan first for me to give you exact numbers, but the administrative assistant does have numbers. In the short term view, if once ten houses were built, the City would start making money and that would be within a matter of a couple of years. Ron Malec - I understand making money but I mean, money above and beyond the original investment? Council President Zeisz Well you have to understand, when we bond for twenty years, we re spreading the cost out over a twenty year period so we re not paying for everything all in one shot. So it would only take a couple years with the tax money coming back for us to offset the debt service on a yearly basis. I understand what you re saying but Ron Malec - because if the corporation was going to do something Council President Zeisz they would do it the same way, they would do the same thing. Ron Mallick Would our cutoff point be the same as a large corporation? They want to get their money back, I ll just take a number out of the air, say three or four years. Are we going to be able to get our money back in three or four years? 206

9 Council President Zeisz - No, everything we charted out is over a period of twenty-five years, much like, you know, the way River Edge, when that was planned out, the way that was laid out financially. Ron Mallick Just one last question, I ve missed some of the meetings so, is the development going to be on both sides of Little League Drive or just on the former Little League field? Council President Zeisz It s between Fletcher, the park and the back of the school field. Councilmember Boyle What he s asking is, it s gonna be on both sides though. Council President Zeisz Yes it is. Ron Mallick - On both sides, just like the original, the presentation I saw last year. Council President Zeisz Yes, and that s assuming we get to that point. We re still not at a point of doing this. Ron Malec One can only hope we don t get to that point. Thank you. Council President Zeisz You know, I understand how people feel about building or not building houses but everybody says that, where are we supposed to get additional tax money from down the road? Where is it supposed to come from? The reality is, if it doesn t come from new houses or new buildings, it s coming from us. Roger Puchalski Maybe the City should merge with the town. Steve Kazpersak, Amherst I d like to continue to encourage the Council with their ongoing efforts to come to a resolution with Natale and the Little League Drive development proposal. As many of you folks can sit and think about for a while, most investments take many, many year to yield fruit, where there is initial payback of money within the first handful of years, that s always a great thing but any new family that would move into said development, let s say next year, their first child wouldn t graduate until A lot of new people could be brought into the area, a lot of new kids could be added to our schools, a lot more money going into our businesses. So thank you. Ms. Witkowski, 682 Fletcher Street One time you said, you yourself said, twenty-nine years to sell all that property down at the River or Niagara Shore? Council President Zeisz - No, I said it s been there for twenty-nine years. Ms. Witkowski (inaudible) so lets say twenty-five years, so you re talking three or four years that this builder (inaudible) that s why the builder doesn t want to do it. He doesn t want to put the money in the infrastructure because he knows it s gonna take twenty years to get that investment back. (inaudible) all the best scenario but it s not gonna happen and I think people need to know that. Council President Zeisz Okay, thanks for your comment. Neil Malchow, 16 Kibler Drive Is it my understanding that you have to replace parkland with parkland? Council President Zeisz - Either have to replace parkland with parkland or with an inkind financial contribution to another park and that s what I explained before that there s been a lot of money invested in Niawanda Park with the pavilion and there s also a lot of money, there was a park put over on Main Street that we invested money, so there is other park properties where we ve invested money which would offset the alienation of this property. Neil Malchow It s been stated that there s no more area for home building in the City. What about when we move Clint Small Stadium, there s a great deal of property there. 207

10 Council President Zeisz - Well first of all, the City owns very little of that property. Neil Malchow Who owns that? Council President Zeisz The school owns most of it. And secondly, that s assuming that the field gets moved. Neil Malchow Assuming? Aren t they gonna build a new field up behind the High School? Council President Zeisz That s the plan but they also have to have the funding. Neil Malchow - Well, there is something to look into. Council President Zeisz Thank you. Other comments? Donald Palmisano, 757 Fletcher Street What I m concerned is why are we paying for the infrastructure? I work with a bunch of builders so (inaudible) and the developer always paid for the infrastructure. What the developer did was add the price of what it cost to the price of the lot. Council President Zeisz - Has anybody followed the project in Buffalo where they re building houses. Donald Palmisano That s the City of Buffalo. Council President Zeisz Well you said has anybody ever paid for the infrastructure. There s a perfect example. They re doing it right now. When this project was built back here, the City did it. Donald Palmisano They also get big tax dollars from the State. Council President Zeisz - You didn t ask me that. You asked me about Donald Palmisano - I m just asking why Council President Zeisz - There s different reasons why a community would or wouldn t pay for the infrastructure. Donald Palmisano - I ve never seen any. In the City of Buffalo it s different. Council President Zeisz When all is said and done, a builder is gonna do a project where they can sell the homes at a price Donald Palmisano - was there a builder that will pay for the infrastructure? Council President Zeisz Right now we re Donald Palmisano (inaudible) three of them would probably do it. Council President Zeisz There s no way to know any of that. There s no way to know any of that. Donald Palmisano Put it out for bid again and see what happens. Council President Zeisz - When we put it out the last time, we got three of them. The one proposal was totally unreasonable, and I m not saying we wouldn t get more today but it s not that easy. We put out our RFP s for this project back here, the old water plant property, we didn t get any back. It s not that simple to develop property but I understand your question and it s certainly something that we ve thought a lot about but 208

11 right now we re still in the process of talking to the builder that we ve talked to from the beginning. Augie Beyer, 335 Adam Street I took a couple months off after after Mr. Slisz and I had our battle last year and not much has changed. I don t think we can afford to do nothing, to continue to do nothing. I sure know I d like a new home, my wife and four kids, something turnkey ready to make the biggest financial investment of my life. So please negotiate the best deal and build some houses in the City. Thank you. Ms. Witkowski Just a comment about adding to the existing parkland (inaudible) the pavilion. I want to know, what does this pavilion do for me, other than the fact that I can look at it, I have to rent it and pay to rent it to use it, unless I have a party, it really is nothing more for me than something nice to look at (inaudible) what benefit do they get? Council President Zeisz Well the benefit is, just like a lot of other things people do in the community, the benefit is for the City as a whole, it provides a reason for people to come into the City. I mean, a lot of things are done that I might never use or you might never use but the goal is to make it a better place, the overall quality of life better so that people want to come in and use something in the City. I mean, look at Niawanda Park, there s like 600,000 people visit the park every summer. Ms.Witkowski (inaudible) Council President Zeisz I understand exactly what you re saying, but that s not parkland. That s a field with three feet of grass in it for sixty years. That s not a park. Other comments? Roger Puchalski I talked with (inaudible) from the NYS Department of Parks this morning and they said it is parkland. Tom Bacon, 766 Fletcher Street You said it could add $13,000,000 to the tax base? Council President Zeisz - The perspective if they re all built. Tom Bacon - Yeah, if fifty-six are built. There s no guarantee fifty-six will be built, right Council President Zeisz No, that s true. Tom Bacon - Twenty-four possibly to break even in twenty-five years? Council President Zeisz That s if half the project was done, yes. Tom Bacon - And after six years, I figured it out with Sam s figures with 2% increase, we are like $200,000 in the hole after six years. That s if we built twenty-four houses, six a year and sell twenty-four lots. I mean if you figure it out, that s what it is. There is no guarantee that fifty-six houses will be built. Council President Zeisz That s all has to be worked out because Tom Bacon - yeah I know Council President Zeisz - and it doesn t even mean it s gonna happen. I can t sit here and say right now that this is gonna happen for sure. I don t know the answer to that. But if I did know the answer, I would tell you. And last year, it was dead because there wasn t the support on the Council for this project. But I can t say that today and if I had something to tell you, I d tell you. I haven t held anything back, anybody s asked me questions, I ve told them. I m not trying to hide anything. Debbie Puchalski Mr. Burke s proposal was for forty-seven houses I believe so it was less and the types of houses were not $230,000. They were more affordable prices for people. And then, I m just curious as to why Lt. Boyle (Foels) was quoted, where was it 209

12 quoted, that there was four other City employees besides himself from the City that were interested in building on that lot. Thank you. Ron Malec, 20 Sharon Drive I can understand in your wisdom, you decided to spend more money to have another assessment made because times change and things are different. So why are we still going with the same builder and not having new proposals made because times change and things are different. Council President Zeisz At least at this point in time, we still have a valid agreement with Natale Builders. We can t just go and do whatever we want to do. We have an agreement with them. Ron Malec - What s the length of term? Council President Zeisz - It s until Thursday. It was a six month agreement and it expires on the 20 th. Ron Malec - So after the 20 th, we can open up. Council President Zeisz - or the Council could decide tonight to extend it for another six months. Ron Malec - Exactly why would we do that? Council President Zeisz We re negotiating with them tonight, if we want to continue negotiations, we have to do that. Ron Malec - Part of negotiations is give and take. It seems to me like we ve been doing a lot of giving. Thank you. Mr. Hoffman, 35 Hackett Drive You re gonna get old thinking now, the repercussions I see is that your long term, twenty-five to twenty-nine years, and the taxpayers have to pick up the difference for them twenty-nine years. Council President Zeisz - No, no. The idea, and I gave you the minimum amount of houses that would offset our debt service, right from the beginning. We don t have to go out all those years to Mr. Hoffman - well let me ask Councilman Slisz, how many vacant lots do you still got down there? Councilmember Slisz Ten. Mr. Hoffman There s a big there, down there. Natale Builders, right? The five projects I ve seen at the time when it was put out, they still hadn t sold out and different tax structures were 100% assessment. Now what we re looking at is that did we shoot ourselves in the foot when we went 100%? The secondary thing is, every year Mr. Hogenkamp here gets a bill from the town for sewer, that s an additional that we would be putting in there. Before, like you said (inaudible). Thank you. Council President Zeisz This will be our last comment. Tom Bacon You said that they re still under the same agreement. Wasn t it changed when you decided to do the infrastructure through the City? Council President Zeisz No, what I m saying is, we designated Natale as the developer of choice and there were certain parameters to be dealt with over that six month period of time and it was that. Tom Bacon I didn t think that was part of it because you but you said Tonawanda would not pay one cent towards it, so I don t see how that was even part of it. That was changed. 210

13 Council President Zeisz All right. Thanks for your comment. COMMENTS FROM THE COUNCILMEMBERS AFTER RESOLUTIONS Councilmember Little I have no comment at this time. Councilmember Boyle Nothing. Councilmember Kossow I ll pass. Councilmember Slisz I understand there s some negotiations (inaudible) are we going to have before we pass on that agreement at this Council, a public hearing for the people to know what s going on and what it contains? Council President Zeisz - Absolutely. We re not doing anything without talking to the public. We can t talk to the public when we don t have something to tell them. Mayor Pilozzi I have no comment tonight. Council President Zeisz I have nothing further. Have a great night and drive home safely and we ll see you in a couple weeks. 211

14 ADJOURNMENT 223. By Councilmember Slisz seconded by Councilmember Boyle Resolved, that this Common Council adjourn until October 2,

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