A Regular Meeting of the Common Council Council Chambers Tonawanda, New York December 16, 2014 Present: Acting Council President Gilbert Present Councilmembers: Smilinich, Hall, Koch Excused: Council President Zeisz Pledge of Allegiance and Silent Prayer led by Acting Council President Gilbert PROCLAMATION December 16, 2014 Tonawanda Football Clinic Renegade Day HOUSE DECORATING CONTEST AWARDS Big Bling Award 163 DeKalb Street Best of Show 442 Broad Street Board Choice 228 Fletcher Street Mayor s Award 345 Fillmore Avenue COMMUNICATION FROM CITY OFFICIALS AND CORRESPONDENCE The following monthly reports were received by the City Clerk: November monthly report of the City Clerk November Activity Report of the Fire Department December minutes of the Traffic and Safety Advisory Board City of Tonawanda Comprehensive Revenue & Expenditure Control Report as of 12/16/14 Referred to the Committee of the Whole Ordered filed Notice of a Public Hearing being held by the Board of Appeals on December 15, 2014, at 6:30 P.M. The variance request is to be allowed to operate an internet based fire arms sales from the existing single family dwelling at 476 Morgan Street. A letter from Gayle L. Syposs, 301 Broad Street, dated December 14, 2014, asking to be appointed to the Board of Assessment Review. 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. 289
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 City Assessor, Dave Marrano Just in regards to resolution #8, I know there s been some discussions on that, just want to make the Council aware of some of the timing of deadlines regarding this Councilmember Koch - #8 was tabled. City Assessor, Dave Marrano - #6, excuse me, I m sorry, is regarding the appointment to fill the vacant position on the Board of Assessment Review. Just so the Council s aware of some of the dates that are involved here, we need to make our appointment no later than February 15, 2015, because the person who is appointed will attend appropriate training, and if they don t attend the training, they can t sit and if they don t sit, we ll have real problems because we will only have two members because our current member, William Brenon, moved out of town, so I would ask that the Council reconsider the potential split that may exist tonight and make a decision as soon as they can regarding this position because it s important. The entire assessment process could not work without the Board of Assessment Review and again, the decision is 100% the Council s, I m not involved in it, but it is something that should be made as soon as possible. Thank you. MOTIONS AND RESOLUTIONS 295. By the Council seconded by the Council Resolved, that the Common Council minutes from December 2, 2014, be accepted as filed. 296. 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. 297. By Councilmember Hall seconded by Councilmember Gilbert Resolved, that the reading of the following resolution be waived. 290
298. By Councilmember Smilinich seconded by Councilmember Koch Whereas, the Erie County Department of Social Services Program Contract for Senior Van Services between the City of Tonawanda and the County of Erie provides transportation service to high risk elderly residents, and Whereas, the agreement requires among other things that the City of Tonawanda shall provide insurance coverage in the following amounts: $1,000,000 Comprehensive General Liability $1,000,000 Automotive Liability $1,000,000 Excess Umbrella Liability Workers Compensation and Employers Liability Disability Benefits and Whereas, the City of Tonawanda has primary insurance coverage with US Specialty Insurance/P&C Solutions LLC and Public Employee Risk Management Association (PERMA) in the following amounts: $1,000,000 Comprehensive General Liability $1,000,000 Automotive Liability $4,000,000 Excess Umbrella Liability Workers Compensation and Employers Liability Disability Benefits Now, therefore be it resolved, that Mayor Rick Davis be authorized to sign the agreement between the City of Tonawanda and the County of Erie for Senior Van Service for 2015. 299. By Councilmember Smilinich seconded by Councilmember Koch Resolved, that the Tonawanda City Code, Section 62-198, Schedule XX, entitled Time Limit Parking, which states Morgan Street, 2 hours; 9:00 a.m. to 6:00 p.m./ All except Sundays and holidays from Gibson Street to Hinds Street be rescinded. Councilmember Smilinich The reason this is forwarded to the Council from the Traffic & Safety Committee is because this time parking was implemented when the High School had the entrance on Hinds Street, Hinds and Morgan. There is no entrance there any longer, so therefore, the need for the parking is no longer there. 300. By Councilmember Koch seconded by Councilmember Smilinich Whereas, a $25.00 Special Events application fee and application were received by the City Clerk for the New Years Eve Gateway Ball Drop 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 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 Crazy Jakes Inc./Weekends on Webster to hold the New Years Eve Gateway Ball Drop on Wednesday, December 31, 2014, from 6:00 P.M. until 1:00 A.M. and be it further Resolved, that any overtime that is incurred during this event will be paid for by Crazy Jakes Inc./Weekends on Webster 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 December 26, 2014. 291
301. By Councilmember Gilbert seconded by Councilmember Hall Resolved, that Dennis Kluge, 309 Rogers Avenue, be appointed to the Board of Assessment Review, term to expire September 30, 2019. Councilmember Smilinich Mr. Kluge is my cousin and although I would reap no benefits from him being appointed to this, I do not want it perceived as nepotism because there is a financial gain for him, so I will be abstaining from this vote. Councilmember Koch On December 9 th, I sent an email to our Assessor, Dave Marrano and I asked if Mr. Kluge had submitted a letter of interest to him, he responded back with no, I also asked if there was a resume on file and there is no resume on file. I also asked the Mayor if there was a letter of interest by Mr. Kluge. His office did not receive anything. I don t have anything in writing from Mr. Kluge stating that he s interested in this position, so without enough information, I cannot support this resolution. Ayes: Gilbert, Hall Nays: Koch Abstain: Smilinich RESOLUTION DEFEATED 302. By Councilmember Gilbert seconded by Councilmember Smilinich Resolved, that the reading of the following resolution be waived. 303. By Councilmember Hall seconded by Councilmember Koch WHEREAS, the title of this Resolution/Ordinance has been published at least once in a newspaper of general circulation, more specifically, The Tonawanda News, on December 6, in accordance with Section 2.047 of the City Charter. NOW, THEREFORE, BE IT RESOLVED, that Chapter 42, PARKS AND RECREATION, Article 2. Conduct in Public Parks; Section 42-41 Dogs; Paragraph (4), which now reads as follows: (4) Properly licensed dogs shall be permitted, year round, within the entire Niawanda Park, provided that: a. The dog is restrained at all times by an adequate collar and leash not exceeding six feet in length and kept under the control of a competent person. b. The dog does not engage in loud howling or barking in an excessive manner so as to unreasonably disturb the comfort or repose of any person in a city park or recreational area. c. Such person conform with the laws, ordinances and park rules and regulations. (b) (c) (d) No dog shall cause any damage or destruction to any property designated as a city park or recreational area. No dog shall be allowed to bite, chase or harass any person in such a manner as to cause bodily harm or injury. Any person bringing or allowing any dog into any city park or recreational area will be responsible for the cleanup of any feces of such person s dog and shall dispose of the feces properly. BE IT FURTHER RESOLVED, that this article shall sunset on December 31, 2014, meaning that it shall no longer continue to be effective without subsequent action by the Common Council of the City of Tonawanda to renew, amend or modify the same; 292
Shall be amended to read as follows: (4) Properly licensed dogs shall be permitted, year round, within the entire Niawanda Park, provided that: a. The dog is restrained at all times by an adequate collar and leash not exceeding six feet in length and kept under the control of a competent person. b. The dog does not engage in loud howling or barking in an excessive manner so as to unreasonably disturb the comfort or repose of any person in a city park or recreational area. c. Such person conform with the laws, ordinances and park rules and regulations. (b) (c) (d) No dog shall cause any damage or destruction to any property designated as a city park or recreational area. No dog shall be allowed to bite, chase or harass any person in such a manner as to cause bodily harm or injury. Any person bringing or allowing any dog into any city park or recreational area will be responsible for the cleanup of any feces of such person s dog and shall dispose of the feces properly. BE IT FURTHER RESOLVED, that all other sections of said ordinance shall remain unchanged and in full force and effect; and BE IT FURTHER RESOLVED, that the above amendment shall take effect upon publication in an official newspaper of the City of Tonawanda. 304. By Councilmember Koch seconded by Councilmember Smilinich Resolved, that the following resolution regarding Mobile Food Vehicles be tabled. 305. By Councilmember Koch seconded by Councilmember WHEREAS, the title of this Resolution/Ordinance has been published at least once in a newspaper of general circulation, more specifically, The Tonawanda News, on December 6, 2014, in accordance with Section 2.047 of the City Charter. NOW, THEREFORE, BE IT RESOLVED, that Article II: Mobile Food Vehicle Vendors Section 46-52 General Provisions which now reads as follows: E. It shall be unlawful for any Mobile Food Vehicle Vendor to operate within five hundred (500 ) feet of the boundary line of any fair, carnival, circus, festival, special event or civic event that is licensed or sanctioned by the City, except when the vendor has obtained a special events permit to so operate from the City of Tonawanda in accordance with Chapter Sec. 30-301 of this Code. Shall be amended to read as follows: E. It shall be unlawful for any Mobile Food Vehicle Vendor to operate within five hundred (500 ) feet of the boundary line of any fair, carnival, circus, festival, special 293
event or civic event that is licensed or sanctioned by the City, except when the vendor has obtained a valid mobile food vendor license and a special events permit to so operate from the City of Tonawanda in accordance with Chapter Sec. 30-301 of this Code. BE IT FURTHER RESOLVED that Section 46-55 License Fee which now reads as follows: A. All vendors shall pay an application fee of $250.00 (this includes a $25.00 background check for one employee) per year for the first truck and $100.00 (this includes a $25.00 background check for one employee) per year for each additional truck. B. Each additional employee shall pay $25.00 regarding the above stated background check. Shall be amended to read as follows: A. Each vendor shall pay an application fee of $100.00. Additionally, each vendor shall pay a $25.00 fee regarding his background check. BE IT FURTHER RESOLVED that Section 46-58 Sunset Provision shall be omitted. BE IT FURTHER RESOLVED, that all other sections of said ordinance shall remain unchanged and in full force and effect; and BE IT FURTHER RESOLVED, that the above amendment shall take effect upon publication in an official newspaper of the City of Tonawanda. Smilinich, Hall, Koch, Zeisz Ayes: Nays: RESOLUTION TABLED 306. By Councilmember Smilinich seconded by Councilmember Koch Resolved, that the reading of the following resolution be waived. 307. By Councilmember Smilinich seconded by Councilmember Hall WHEREAS, City Treasurer Joseph M. Hogenkamp has notified the Council that there are various county, city and school tax delinquencies within the City and that it would be appropriate to commence an in rem tax foreclosure proceeding to compel the payment of those delinquencies; and, WHEREAS, City Treasurer Joseph M. Hogenkamp is of the opinion that the delinquent taxes on properties located in the City through the school tax due September 1, 2012, are the most appropriate group of delinquent taxes to commence such proceedings against; NOW, THEREFORE, IT IS RESOLVED that City Treasurer Joseph M. Hogenkamp and City Attorney Ronald C. Trabucco are directed to commence an in rem tax foreclosure proceeding (In Rem # 13) pursuant to Real Property Tax Law Article 11 against all properties located in the City with delinquencies in their taxes through September 1, 2012, as soon as is reasonably practicable. 294
308. By Councilmember Koch seconded by Councilmember Gilbert Resolved, that the following resolution regarding sewer rates be tabled. 309. By Councilmember seconded by Councilmember Resolved, that effective January 1, 2015, the Sewer User Rate is increased from $4.73 TO $ per 1000 gallons, and further be it Resolved, that effective January 1, 2015, the minimum annual charge for sewer consumption is gallons or $. Smilinich, Hall, Koch, Zeisz Ayes: Nays: RESOLUTION TABLED 310. By Councilmember Gilbert seconded by Councilmember Smilinich Resolved, that the Common Council of the City of Tonawanda authorizes the sale of two surplus items of City property used by the Police Department Dive Recovery Team totaling $1,640.00 pursuant to the results of the online auction conducted by Auctions International and further be it Resolved, that these proceeds be used to purchase masks to be used by the Dive Recovery Team. 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 There were no comments from the public after resolutions. COMMENTS FROM THE COUNCILMEMBERS AFTER RESOLUTIONS Councilmember Koch Congratulations to the TFC and the recipients of the Christmas Decorating Contest. It certainly looks great out there, so thank you. I d like to also give a shout to the Mulberry Tree who recently celebrated their 10 th anniversary. I d also like to 295
thank the Senior Citizens Center for inviting me to play a few games of pinochle with them last Thursday and rest assured, I definitely will not quit my day job to become a professional pinochle player. I leaned a lot, I learned all about meld and marriages, so thank you. Thank you to the Police Department and the Auxiliary Police and the Underwater Squad for inviting me to their annual Christmas Party and their award ceremony. You guys do a great job, so thank you. Given that this is the last Council meeting of the year, I think it s fitting that we highlight some of the things that this Council has accomplished. We passed several resolutions that helped lay the groundwork for a possible land swap with the School District. Also, of equal importance it appears that this year the relationship with the School District has drastically improved. I am pleased that we are working with the School District opposed to against and hope that our relationship with the School District will continue to thrive. We held a joint meeting with members of the School District this year and this is the first time that we held such a meeting. So I d like to thank the School Board, Superintendent, members of the SIMSI Committee and our Council for reaching us to this point. My hope is that early next year we will have a resolution that will officially swap land between both entities. Together, we stood in strong support of St. Francis in their fight to keep their doors open. We voiced our opinions against the closure of the Tonawanda News, our hometown newspaper and we requested a full and thorough investigation into the explosion that happened at Tonawanda Coke. I could sit here and talk to you about every resolution we ve passed, I do think that this Council has been productive and I look forward to next year. Another important note, we passed a two-year agreement with Canal Fest It hasn t happened in over 25 years. We voted to allow food trucks in our City and allowed overnight parking in the summer. We even passed a resolution allowing for dogs in the park. We unanimously voted to name Pyramid Broker who will be responsible for selling the remaining 42 acres of Spaulding Fibre. We re moving forward. This is some of the highlights that we ve accomplished this year. We ve passed some resolutions that some may agree with, some may not. I realize we can t make everyone happy and change might not be a welcome sight but I do believe we re headed in the right direction and there are good things to come, so stay with us and stay tuned. I just want to wish you all a very Merry Christmas and a Happy New Year. Councilmember Hall I too was glad to see the Tonawanda Football Clinic here. I think it s great when we can support and honor and show some good will towards the youth of our community. I happen to be at the last games the TFC played at the High School, helping out with the clock and there were some great games and some great football, so I really want to shout out to them for a wonderful job and all the coaches volunteering their time. I agree with Ms. Koch with what you said that we have done a lot, but like anything, there s still a lot to do and I think we have to get together and make sure that everybody on the Council does what is best for the City. With that, I wish everybody Happy Holidays and see you next year. Councilmember Smilinich WinterWalk, I want to thank the DPW for their fine work in the park on Saturday. We had caroling in conjunction with the High School chorus that began before Santa came. The tree lighting went off without a glitch, it was a great night for all. The snow removal this week, you guys pulled that one off, I don t know how but when that snow started coming the way it fell and then the time that, the rapid time response that you had was very commendable to your employees, please tell them, pass on our thanks. Chief Strassburg, thank you for allowing me to accompany several of your officers, it was very interesting. I ll leave it at that and Merry Christmas and Happy New Year to all. Mayor Davis I d like to thank our Swiftwater Business Association for our WinterWalk, our DPW, Electrical Department, our Fire Department for getting Santa Claus and Mrs. Claus safe passage to Clinton Park, our Police Department, Auxiliary, more importantly, Kelly Smith. I know she put a lot of time and effort into Clinton Park, the lighting of Clinton Park, so thank you for her time and effort. The event seems to be growing year in and year out there and I think it looks great. I d also like to extend my thanks to the Auxiliary Dive Team. I know they put in a lot of hours every year to make our City that much better and don t receive a lot in return, except for a end of the year party and award, so my hats off to them for the job that they do for the City. I d also like to thank the Senior Center for rolling out the red carpet to three and four year olds from 296
Salem Church last week. I got to read a Christmas story and we sang Christmas carols to the kids and it was a riot, so I thank them. Christmas came a little bit early for the City of Tonawanda, we got word that we received two grants. One of them was a $187,000 Main Street Program Grant that will help hire a City Planner who will then appoint a Board of Directors that will help with revitalization of our downtown. Some of the things that this person will be responsible for is marketing our downtown, improving the streetscape, keeping a mindful eye on the historical nature of our downtown, working with our current business owners on grants and/or no-interest loans for interior and exterior improvements to their buildings and trying to get new businesses into empty storefronts, so I thank the state for awarding us this grant and I look forward to a lot of good things that can come out of that, and the Downtown Beautification & Revitalization Committee that I appointed back towards the beginning of the year that Councilman Smilinich is Chairman of. The other grant, Ives Park Grant, we were awarded $78,000 for that grant and that will go towards installation of a warming hut for the winter months at Ives Pond for the ice skaters and improvements at the tennis courts, resealing, painting, also installation of pickle ball courts, a brand new, full size basketball court there, improvements to the hockey court, to the baseball field, to the parking. So they sent over pretty close to a quarter of a million dollars that we were awarded the other day, so many thanks to the state. And there s two more grants coming down the pipeline that I haven t gotten any information on that we might receive. It might turn out to be a very successful year for the City. I had the honor to attend the funeral of Chief Ivancic and I had the pleasure of knowing him for ten years, being a neighbor, our daughters growing up together. The outpouring from this community, both our Police Department and our Fire Department, the surrounding police and fire departments and residents in our community at this funeral was very overwhelming. It was a very nice and moving ceremony. I can t think of anybody else that would have lead the Police Department through what they needed to be lead through during the time when he took over. I just wanted to thank him for his dedication and for his public service to our community and wish the very best for his wife and his daughter, Jenna. On a more cheery note, I d like to wish my Jewish friends a Happy Hanukkah, a Merry Christmas and a happy, safe and prosperous New Year. God Bless. Councilmember Gilbert I m just gonna add a couple things. I like what Ms. Koch said about the Council. I agree, we ve been working together, some bumps in the road, there s a lot to do and I think we re headed down the right path. I d like to thank the Police Department, they came through, started assisting the Town Police Department on a burglary issue, as our department actually caught the guy in part of my neighborhood, a stellar performance again by our neighborhood Police Department, so kudos to you guys. It was very well done. I actually brought, because I wanted to just list their names. At the auxiliary dinner it was a great night, thank you Chief and for everybody that put that on. I just wanted to read their names because they don t get a lot of recognition. The Tonawanda Auxiliary Police is lead by Capt. Michael Falzone, Lt. Larry Brenon II, Lt. Don Gwizdowski, Lt. Mark Acevedo, Sgt. Chris VanHise, Ofc. Tom Fasciano, Ofc. Jose Garcia, Ofc. Connor Frascatore, Ofc. Justin Glodowski, and Ofc. Joe Picone. Our Underwater Auxiliary Team is William Ferguson, Penny Ferguson, Larry Silvis, Richard Loucks, Shane Mast, Garett Wynn, Jarod Bucki, Brian Murphy, Don Gwisdowski and Ofc. Vincent Ostrowski. These guys put a ton of hours in and they don t get the recognition in that they deserve. They put Canal Fest, 4 th of July, they put their lives on the line, minimal pay, and I m very honored that they re here and helping our Police Department and it s great to see. Other than that, I got to attend the lighting of Clinton Park, the DPW did great, Main Street looks awesome and the park was awesome, the hayride was great, you can t ask for a better time. People, my friends from the town come in and they spend the time there and it s a really good time. Thank you Joe for all your guys that worked on that. Thank you, have a Merry Christmas, get home safe and God Bless. 297
ADJOURNMENT 311. By Councilmember Gilbert seconded by Councilmember Koch Resolved, that this Common Council adjourn in memory of retired Police Chief John Ivancic, until January 6, 2015. City Clerk Mayor Date Filed 298