Council Chambers Tonawanda, New York January 21, Present: Council President Zeisz Present Councilmembers: Gilbert, Smilinich, Hall, Koch

Transcription

1 A Regular Meeting of the Common Council Council Chambers Tonawanda, New York January 21, 2014 Present: Council President Zeisz Present Councilmembers: Gilbert, Smilinich, Hall, Koch Pledge of Allegiance and Silent Prayer led by Council President Zeisz COMMUNICATIONS FROM THE MAYOR A letter to City Attorney Ronald C. Trabucco, dated January 17, 2014, regarding the City/School District land swap. A letter from the State of New York Department of State, dated January 9, 2014, regarding the City of Tonawanda Main Street Revitalization Program. A letter to Charlie Farnham, 499 Adam Street, dated January 9, 2014, regarding the property he owns on Young Street. A letter to Caitlin Rech, 22 Grove Place, dated January 10, 2014, appointing her Secretary of the Youth Board, term to expire December 31, A letter to Jean Harmon, 171 Elmwood Park W., dated January 10, 2014, appointing her Chairman of the Community Development Agency, term to expire December 31, A letter to Caitlin Rech, 22 Grove Place, dated January 15, 2014, appointing her Secretary of the Community Development Agency, term to expire December 31, A letter to Elizabeth Koch, 431 Adam Street, dated January 10, 2014, appointing her to the Board of Appeals, term to expire December 31, A letter to Jason Knight, 44 Walter Avenue, dated January 10, 2014, appointing him to the Community Development Agency, term to expire December 31, A letter to Kevin Verrall, 127 Adam Street, dated January 10, 2014, appointing him to the Tonawanda Housing Authority Board, term to expire February 1, A letter to Gayle Syposs, 301 Broad Street, dated January 14, 2014, appointing her to the Waterfront Revitalization Board, term to expire December 31, A letter to Dale Zuchlewski, 37 Westbourne Drive, dated January 13, 2014, appointing him to the Community Development Agency, term to expire December 31, A letter to Kory Schuler, 104 Calvin Court South, dated January 13, 2014, appointing him as Business Liaison to the Community Development Agency, term to expire December 31, A letter to Charlie Rech, 141 Elmwood Pk. W., dated January 10, 2014, appointing him to the Community Development Agency, term to expire December 31, A letter to Most Reverend Bishop Richard Malone, dated January 21, 2014, expressing his support of keeping St. Francis of Assisi School open. A letter to NYSDEC Headquarters, dated January 21, 2014, regarding the Huntley Power Plant SPDES permit which has been allowed to sit idle for approximately 12 years. A letter to George Koch, 431 Adam Street, dated January 21, 2014, appointing him to the Waterfront Revitalization Board, term to expire December 31, Ordered filed 13

2 COMMUNICATION FROM CITY OFFICIALS AND CORRESPONDENCE The following monthly reports were received by the City Clerk: January Executive Minutes of the City Clerk Referred to the Committee of the Whole Ordered filed A Notice of Public Hearing being held by the Board of Appeals on January 27, 2014, regarding a variance request at 28 Bouck Street (old legal address was 169 Adam Street). Referred to the Committee of the Whole 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. 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 Robert Derner, 70 Niagara Shore Drive In #11, on those letters from the Mayor it says resolved that you might support St. Francis School. Why don t you go a little bit further and send a letter to the Diocese, as well as the TV stations and the newspapers and inform them that we live in the City of Tonawanda, not the Town of Tonawanda and they all just bunch us together and it could be one of the reasons why they included St. Francis with all the rest of them. Council President Zeisz Okay, thank you Mr. Derner. MOTIONS AND RESOLUTIONS 17. By the Council seconded by the Council Resolved, that the Common Council minutes from January 7, 2014, be accepted as filed. 18. By Councilmember Koch seconded by Councilmember Gilbert Resolved, that the bills be allowed as audited and the City Clerk be directed to draw warrants on the Treasurer for the various amounts. 14

3 19. By Councilmember Hall seconded by Councilmember Koch Whereas, a $25.00 Special Events application fee and application were received by the City Clerk for a Car Show 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 Fred Foels and the event chairperson, now, therefore be it Resolved, that permission be granted to the American Legion Post 264 and the VVA #77 to hold a Car Show on August 31, 2014, with a rain date of September 1, 2014 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 July 25, By Councilmember Gilbert seconded by Councilmember Hall Whereas, a $25.00 Special Events application fee and application were received by the City Clerk for Ride for Roswell 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 Fred Foels and the event chairperson, now, therefore be it Resolved, that permission be granted to Roswell Park Alliance Foundation to hold the Ride for Roswell through various streets in our City on Saturday, June 28, 2014, from 6:30 A.M. to 3:30 P.M. and be it further Resolved, that any overtime that is incurred during this event will be paid for by the Roswell Park Alliance Foundation 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 June 6, Councilmember Gilbert Has the Ride for Roswell paid everything up to date as far as their overtime for the last few events? Council President Zeisz Yes. 21. By the Council seconded by the Council Whereas, in accordance with Sections and of the Charter for the City of Tonawanda, New York, the Mayor shall appoint officers as the Mayor deems necessary or as provided by law or ordinance subject to confirmation by the Common Council, now, therefore be it Resolved, that the Common Council hereby confirms the Mayor s appointment of Jason J. LaMonaco to the position of City Engineer, term to expire December 31, Councilmember Hall I d just like to say, working with Jason, he does a great job and is a real asset to the City and we are glad he is here.. Councilmember Gilbert I d like to second Mr. Hall s sentiments. I got to work with Jason a couple times now and I don t know how he does it. He gets too many projects on his table and he does a great job with it so I m happy that he s back. Council President Zeisz Well Jason, I don t want to say too much. You re not gonna fit through the door on your way out. But you ve done a great job and it s certainly my pleasure to be part of confirming your appointment. City Engineer Jason LaMonaco - Thanks. It s much appreciated. 15

4 Council President Zeisz Your welcome. 22. By the Council seconded by the Council Resolved, at the recommendation of the City Engineer, Jason J. LaMonaco, P.E., the Common Council authorizes and directs the Mayor to assign all existing contracts with GHD Consulting Engineers, LLC (formerly Stearns & Wheler, LLC) to GHD Consulting Services, Inc. 23. By Councilmember Gilbert seconded by Councilmember Smilinich Resolved, at the recommendation of the City Engineer, Jason J. LaMonaco, P.E., the Common Council authorizes and directs the Mayor to assign all existing contracts with TVGA Engineering, Surveying, PC to KHEOPS Architecture, Engineering & Survey, DPC. 24. By Councilmember Koch seconded by Councilmember Gilbert Resolved, at the recommendation of the City Engineer, Jason J. LaMonaco, P.E., the award of Change Order #1 to the Two Mile Creek, Niawanda Park and Phase 2 SSES Sewer and Manhole Rehabilitation be made to Kandey Company, Inc., at a cost not to exceed $165, By Councilmember Hall seconded by Councilmember Gilbert Resolved, at the recommendation of the City Engineer, Jason J. LaMonaco, P.E., that award of Environmental Engineering services to assist with the post closure monitoring and reporting of the Wales Avenue Landfill for 2014 be made to GHD Consulting Services, Inc., at a cost not to exceed $18, By Councilmember Smilinich seconded by Councilmember Koch Resolved, that the following certificates of insurance and bonds for plumbers be filed and a license be issued for said plumbers to do business in the City of Tonawanda: Frank DiMaria (Mr. Plumber); Richard Lyons, (Hastings & Son, Inc.); John S. Militello, (Kimil Construction, Inc.); Jeff Miller (T-Mark Plumbing, Inc.); John T. Nuttle (Numarco, Inc.); Joel Tucciarone (The Plumber/72 degrees) and Thomas Zinzola (Zinzola Plumbing). Resolution declared adotped 27. By the Council seconded by the Council Whereas, the City of Tonawanda Common Council recognizes the importance of education and Whereas, St. Francis of Assisi School is part of the City of Tonawanda, now, therefore be it 16

5 Resolved, that the City of Tonawanda Common Council would like to go on record in support of St. Francis of Assisi School remaining open. Councilmember Gilbert Going on what Mr. Derner said, I think that s a great idea. I know the Mayor had wrote a letter but to follow up on that, I think the Council could send a letter as well reiterating that we are strongly behind St. Francis. I d appreciate it. Thank you Mr. President. 28. By Council President Zeisz seconded by Councilmember Smilinich 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 & Simmers Crane. 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 FROM THE PUBLIC AFTER RESOLUTIONS Robert Derner First I d like to comment on Ms. Koch s comment who asked the gentleman from RedFlex about the Chicago incident and you have to wonder when Ron Emmanual would not even have their bid control of their bid, just how reputable this company is. They have been involved in approximately, from what I can read, 30 lawsuits involving the cities all across the country, from Jefferson City, New Orleans, Tampa (inaudible) but there s another problem that they come up with. Let me go down my list first of all. The Public Interest Advocacy Group USPRIG found ROC s put profit over traffic safety. The ROC s increased accidents, this was found by Virginia Transportation Research Council, in North Carolina A&T State University, an La TV station found 20 and 32 increase some triple the rate of accidents when they put the cameras up. Australian study showed an increase in rear-end crashes, the Florida Public Health Review increased rear-end crashes, Ontario Ministry of Transportation increase of rear-end, fatal and injury crashes, all because you put the cameras up. Monash University 17

6 showed that it had no affect on reducing violations. The Texas Transportation Study concludes extra second hit, 40% reduction in collisions. Now, when you come to yellow lights, back in Tampa they decreased yellow lights from 4.5 seconds to 1.5 just to get increased money from the public and let s see, the University of Florida followed the ROC s increased accidents by 28% and had high auto insurance premiums. I could go on and on about that. But, this company is the one that you have to take a look at. They ve been involved in so many different lawsuits that involved them suing the cities, the cities suing them, the motorists suing the company and the city, and RedFlex suing the cities for millions of dollars when they tried to back out of the contract. So take a good look at them. I gave you all the sheet. Read it and take a good look at their reputation because there s a lot of questions that have to be answered. Josh Dubs, 876 Fairmont Avenue, North Tonawanda Mr. President, I am here this evening to speak in opposition of the plan for this Council to negotiate the installation of privately owned and operated red light cameras in the City. For purposes of revenue, you can forgo any argument about the alleged intent of these cameras and instead will address a more existential view of them. While we have what we call a slip or slope argument, and that argument fits this situation very well. Allowing a private company like RedFlex or any others to operate red light cameras sets a dangerous precedence. RedFlex is a publically (inaudible) company which despite their attestations otherwise, owes no allegiance to this Council and no allegiance to the people you all were elected to represent. Instead, they owe their duty to their shareholders to maximize profits, minimize costs. Entities with these priorities should never be allowed or entrusted to perform such critical governmental functions as enforcing our laws. Consider for a moment a scenario. If the Police Department were to install these cameras and red light runnings were increased by 30%, the result would be a satisfied Police Department, satisfied Council, and a pride of their success in reducing that type of crime. A private company like RedFlex, however, would instead see a 30% decrease in profit which would demand their fiduciary duty would demand a solution. In addition there have been studies, to echo the previous commenter, there have also been many studies conducted also by the National Motorist s Association which counter many of the claims that this company sets forth which means instead to sell you a bill of goods. I urge the Council to reconsider this plan with the put the breaks to red light cameras and leave the policing to the police. Nancy Paschen, 5 Main Street I haven t been here for a while but I d like to know, the buildings that you might build in Veteran s Park on Little league Drive, I feel, and a whole lot of other people feel, it isn t fair that they should get a 30% or 35% tax decrease. If you re gonna do that, the whole City should have it because the whole City, they re going to use our schools, our fire department and everything like that and you mean to tell me they get a cheaper rate and then the Star program an even cheaper rate? Come on, be reasonable, think of the rest of the taxpayers. You want people to come in here. If you keep lowering prices over there, you re gonna get people out of here. COMMENTS FROM THE COUNCILMEMBERS AFTER RESOLUTIONS Councilmember Gilbert I normally just don t write anything out but there re some things that came up that I want to write things down. First, I want to thank the entire Council and the Mayor for supporting the resolution to keep St. Francis open. And the next thing I would like to thank everybody for, we ve been getting a lot of feedback on the red light cameras, it s kind of a hot topic and the more input the better, we ve been getting a lot of s and I want to thank everybody for doing that. The last thing I d like to say is that, the Governor made some comments about people of New York State and it really has me upset because in New York State, we re suppose to be a free country and a free state and have different views and different opinions and we all have that and his views and his opinions were very wrong and I m very upset with that, I m calling on him to make a public apology to everybody that doesn t see his views the way he does. That s about it Mr. President, thank you. 18

7 Councilmember Smilinich I d like to thank everybody for their input on the red light cameras. It s brought a lot of questions to light and I m sure that this Council will do their job and we will do what we feel is best for the community. Thank you Mr. President. Councilmember Koch I just wanted to congratulate Jason LaMonaco on your appointment and I look forward to working with you over the next two years. I share the sentiments of Ms. Smilinich, of other fellow Councilmembers regarding the discussions we ve had with regards to RedFlex and I welcome those comments and will continue those discussions with RedFlex. St. Francis has been near and dear to my heart and the hearts of hundreds in our community. My grandmother taught there for many years, my mother went there, my father coached there, my siblings and I went there, so I commend the members of our community for standing up for what they believe in and being vocal about it. Thank you Mr. President. Councilmember Hall I too would like to commend the Council for acting on the St. Francis issue. I ve had the pleasure of coaching there for several years myself, about 20 probably. It s definitely a worthwhile school. We gotta keep it open in our community. I too would like to comment about the Governor. Mr. Gilbert, I agree with you wholeheartedly. This State is big enough for all kinds of people and for him to single out people and tell them to get out of our State, I think that is not worthwhile of our Governor. Again, thank you for coming in RedFlex and answering some questions, I m sure there ll be a lot more, and other than that, I have nothing Mr. President. Mayor Davis I would just like to applaud the North Tonawanda Police Chief and our Police Chief for receiving a SWAT grant that will help towards replacing the vests for the SWAT Team. I think this is a perfect opportunity for our two cities to work together and hopefully we can work together moving forward on positive things like this. Not to beat the St. Francis thing to death, everybody has said up here but honestly they ve been a fixture in our community for over 100 years, it would be a shame to lose them and I hope, if necessary, we as City officials, can sit down with representatives from St. Francis and the Buffalo Diocese to see if we can figure out a way to keep St. Francis open. Thank you. Council President Zeisz I guess the only thing I would say is that basically, I d like to see whatever could be done to keep St. Francis open. That would be great. I myself just went there a couple of years ago. So to work with the Mayor, I d be more than happy to do anything we can to help the school out. Other than that, I have nothing else, I thank everyone for coming, taking the time out with a whopping zero outside, so drive home safely and we ll see again. God Bless. 19

8 ADJOURNMENT 29. By Councilmember Smilinich seconded by Councilmember Koch Resolved, that this Common Council adjourn until February 11, City Clerk Mayor Date Filed 20