Council Chambers Tonawanda, New York April 17, Pledge of Allegiance and Silent Prayer led by Council President Zeisz

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A Regular Meeting of the Common Council Council Chambers Tonawanda, New York April 17, 2012 Present: Council President Zeisz Present Councilmembers: Little, Boyle, Slisz, Kossow Pledge of Allegiance and Silent Prayer led by Council President Zeisz BID OPENINGS PAVING & EQUIPMENT RENTAL Thursday, April 12, 2012 9:15 A.M. Milherst Construction 10025 County Road, PO Box 430 Clarence Center, N.Y. 14032-0430 Total Bid: $ 530.90 /hr Robinson Paving 11525 E. Main Street East Aurora, N.Y. 14052 Total Bid: $ 538.00/hr. Thomann Asphalt 56 Gunville Road Lancaster, NY 14086 Total Bid: $ 633.90/hr.. INSTALLATION OF GEOTEXTILE FABRIC Thursday, April 12, 2012 9:30 A.M. Urban Enterprises 954 Oliver Street North Tonawanda, N.Y. 14120 Total Bid: $ 0.35 sq. yd. GEO TEXTILE FABRIC Thursday, April 12, 2012 9:35 A.M. A2Z Rentals, Inc. 2300 Lockport Road Sanborn, N.Y. 14132 Total Bid: $ 0.53 sq. yd. ROAD BUILDING MATERIALS Thursday, April 12, 2012 9:40 A.M. LaFarge 270 Northpointe Parkway, Suite 100, Amherst, NY 14228 Regular Top (Type 6F (Per Ton) $ 60.87 /ton 1 ACF (Type 7F) (Per Ton) $ 62.86 /ton Urban Top or equal (Per Ton) $ 70.36 /ton Cold Patch (Per Ton) $ 120.00 /ton #1 Stone (Per Ton) $ 12.50 /ton #2 Run of Crushed Stone (Per Ton)$ 8.90 /ton 105

Buffalo Crushed Stone 2544 Clinton St., Buffalo, NY Regular Top (Type 6F (Per Ton) $ 60.00 /ton 1 ACF (Type 7F) (Per Ton) $ 65.15 /ton Urban Top or equal (Per Ton) $ 67.90 /ton Cold Patch (Per Ton) No Bid #1 Stone (Per Ton) $ 14.15 /ton #2 Run of Crushed Stone (Per Ton)$ 9.40 /ton Referred to the Committee of the Whole Ordered filed COMMUNICATIONS FROM THE MAYOR Semi-Monthly Status Update to CC from Mayor Pilozzi re: Little League Drive Housing Development Ordered Filed COMMUNICATION FROM CITY OFFICIALS AND CORRESPONDENCE The following monthly reports were received by the City Clerk: March minutes of the Plumbing Board March Executive Minutes of the City Clerk General, Water and Sewer Fund Revenue & Expenditure Reports as of 4/17/2012 Referred to the Committee of the Whole Ordered filed A letter from George L. Ljiljanich informing the City that he will be retiring from the Department of Public Works on April 28, 2012. 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 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 Robert Derner, 286 Niagara Shore Drive On resolution #3, not a lot of money, $3,500, but I just want to know if the Pavilion can be completed with what was budgeted for, without additional costs. When this project was first presented to the public, it was for $866,000 from the Greenway Commission and the City was suppose to pay 10%. It s 106

now escalated up to $166,00 and it s doubled what was first proposed. It s 20%, the City s share, and I was wondering how much more is gonna be added to it or can it be completed with the contracts that are already there. Council President Zeisz Well, first of all, this money is out of the contingency fund that s part of the money that was already set aside, so this isn t additional; this is part of the original. At this point in time, yes, it will be completed with the monies that were set aside. Robert Derner It s still gonna be almost 20% instead of 10%. Which is what the public was told in the beginning. Council President Zeisz - I don t know that those numbers are correct, but I know Mr. Hogenkamp? City Treasurer Hogenkamp Just to clarify, right now what the Council authorized was $1,000,000. So what my plan is for the City s funded financing would be $133,000 which is the $1,000,000 that was authorized minus the $867,000 from the Greenway Commission, so my anticipation is permanent financing of $133,000. Robert Derner And that s quite a bit more than the $86,000 that was originally told to the public when you drew up the plans on this. MOTIONS AND RESOLUTIONS 106. By the Council seconded by the Council Resolved, that the Common Council minutes from April 3, 2012, be accepted as filed. 107. By Councilmember Kossow seconded by Councilmember Boyle Resolved, that the bills be allowed as audited and the City Clerk be directed to draw warrants on the Treasurer for the various amounts. 108. By Councilmember Kossow seconded by Councilmember Boyle Resolved, at the recommendation of the City Engineer, Jason J. LaMonaco, P.E., that approval of Change Order E-001 to the Niawanda Park Pavilion Electrical Construction Contract be made to Electrical Services & Systems Installation, Inc. at a cost not to exceed $3,500.00. 109. By Councilmember Boyle seconded by Council President Zeisz Resolved that the reading of the four following resolutions be waived. 107

110. By Councilmember Kossow seconded by Council President Zeisz Resolved, that the Mayor be authorized and directed to sign the following agreement: THIS AGREEMENT, made the 1st day of April, 2012, by and between the CITY OF TONAWANDA, a municipal corporation, situate with the County of Erie and State of New York hereinafter called the "CITY" and the DELAWARE HOSE COMPANY #2, a volunteer fire company organized and existing within the City of Tonawanda, hereinafter called "COMPANY". WITNESSETH: WHEREAS, the said Company furnished fire protection to said City and maintains facilities and personnel to answer calls and fire alarms for the protection and preservation from fire of life and property. NOW, THEREFORE, in consideration of the covenants and agreements hereinafter set forth, the parties hereto agree as follows: 1. The Company agrees to maintain and furnish at all times, protection from fire of life and property in the City of Tonawanda and to maintain and furnish the services of the volunteer members of said companies in so protecting life and property. 2. The City agrees to make payments to said Company in the following manner: The sum of $5,350.00 payable on the first day of April, 2012. Councilmember Boyle I just want to go on record. As I said in there, I m gonna go along with this $5,350. Yes, they do supply a service to the City of Tonawanda, but I mean it s as I stated before, you have 3 in one and 19 in another. I m still gonna go in favor of these resolutions but I just wanted to be on record that I think there has to be a closer auditing on this whole thing. Councilmember Little I would just like to say that I guess I have no problem with volunteers and giving money toward people that do volunteer. Where I have a problem is just giving money and not knowing what it s used for and I guess I d like that on the record. 111. By Councilmember Kossow seconded by Council President Zeisz Resolved, that the Mayor be authorized and directed to sign the following agreement: THIS AGREEMENT, made the 1st day of April, 2012, by and between the CITY OF TONAWANDA, a municipal corporation, situate with the County of Erie and State of New York hereinafter called the "CITY" and the NATIONAL HOSE COMPANY #1, a volunteer fire company organized and existing within the City of Tonawanda, hereinafter called "COMPANY". WITNESSETH: WHEREAS, the said Company furnished fire protection to said City and maintains facilities and personnel to answer calls and fire alarms for the protection and preservation from fire of life and property. NOW, THEREFORE, in consideration of the covenants and agreements hereinafter set forth, the parties hereto agree as follows: 1. The Company agrees to maintain and furnish at all times, protection from fire of life and property in the City of Tonawanda and to maintain and furnish the services of the volunteer members of said companies in so protecting life and property. 2. The City agrees to make payments to said Company in the following manner: The sum of $5,350.00 payable on the first day of April, 2012. 108

112. By Councilmember Slisz seconded by Council President Zeisz Resolved, that the Mayor be authorized and directed to sign the following agreement: THIS AGREEMENT, made the 1st day of April, 2012, by and between the CITY OF TONAWANDA, a municipal corporation, situate with the County of Erie and State of New York hereinafter called the "CITY" and the NIAGARA HOSE COMPANY #3, a volunteer fire company organized and existing within the City of Tonawanda, hereinafter called "COMPANY". WITNESSETH: WHEREAS, the said Company furnished fire protection to said City and maintains facilities and personnel to answer calls and fire alarms for the protection and preservation from fire of life and property. NOW, THEREFORE, in consideration of the covenants and agreements hereinafter set forth, the parties hereto agree as follows: 1. The Company agrees to maintain and furnish at all times, protection from fire of life and property in the City of Tonawanda and to maintain and furnish the services of the volunteer members of said companies in so protecting life and property. 2. The City agrees to make payments to said Company in the following manner: The sum of $5,350.00 payable on the first day of April, 2012. 113. By Councilmember Slisz seconded by Council President Zeisz Resolved, that the Mayor be authorized and directed to sign the following agreement: THIS AGREEMENT, made the 1st day of April, 2012, by and between the CITY OF TONAWANDA, a municipal corporation, situate with the County of Erie and State of New York hereinafter called the "CITY" and the UNION HOOK & LADDER COMPANY #1, a volunteer fire company organized and existing within the City of Tonawanda, hereinafter called "COMPANY". WITNESSETH: WHEREAS, the said Company furnished fire protection to said City and maintains facilities and personnel to answer calls and fire alarms for the protection and preservation from fire of life and property. NOW, THEREFORE, in consideration of the covenants and agreements hereinafter set forth, the parties hereto agree as follows: 1. The Company agrees to maintain and furnish at all times, protection from fire of life and property in the City of Tonawanda and to maintain and furnish the services of the volunteer members of said companies in so protecting life and property. 2. The City agrees to make payments to said Company in the following manner: The sum of $5,350.00 payable on the first day of April, 2012. 114. By Councilmember Little seconded by Council President Zeisz for paving equipment and operator rental be awarded to Milherst Construction for a bid price of $530.90 per hour. 109

115. By Councilmember Little seconded by Councilmember Boyle for the installation of geotextile fabric be awarded to Urban Enterprises for a bid price of $0.35 a sq. yard. 116. By Councilmember Little seconded by Councilmember Slisz for geotextile fabric be awarded to A2Z Rentals, Inc., for a bid price of $.53 a sq. yard. Councilmember Boyle So it s the same for the installation and the fabric? It s the same at $.35 per yard, Neal? DPW Superintendent, Neal Myers (inaudible) Councilmember Boyle So they re both the same, $.35 a yard. DPW Superintendent, Neal Myers Yes. 117. By Councilmember Little seconded by Councilmember Boyle for Type 6F, Type 7F and Ultra Fine Blacktop be awarded to Buffalo Crushed Stone Inc, as per their submitted bid. 118. By Councilmember Little seconded by Councilmember Kossow for QPR 2000, #1 stone and #2 run of crusher stone be awarded to LaFarge North America as per their submitted bid. DPW Superintendent Neal Myers Resolution #10, according to the bid price we received, it should be $.53. Council President Zeisz Ms. Little, you were the sponsor of Resolution #10 (#116). Are you okay with the fact that it s $.53 a square yard? Councilmember Little Yes. Council President Zeisz It s on the bid on the front page. It s just a typo. 119. By Councilmember Boyle seconded by Council President Zeisz 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 110

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 a particular person. 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 not comments from the public) COMMENTS FROM THE COUNCILMEMBERS AFTER RESOLUTIONS Councilmember Little I have no comment at this time. Councilmember Boyle Tomorrow is National School Bus Safety. I guess the police are gonna be out, so if you guys are out driving around, watch out for school buses. The only reason I m saying that is I m back to driving school buses, so if you see the reds, don t pass them, don t blow them. Councilmember Kossow I have nothing at this time. Councilmember Slisz No comment. Mayor Pilozzi I d just like to thank all the Veterans that showed up on the 11 th of last week for their Thank A Vet card. What we did, basically, was to identify, I think it s 1140 Veterans in our City and knowing full well that we could not handle all of them, we sent letters, actually we didn t, the County Clerk s Office did, to all of the Veterans from A-D. We re going to do another one on May 9 th from 10:00 A.M. in the morning until 1:00 P.M. and that will be the next phase, so I d like to thank everybody that did show up, they sent out 250 letters and I believe 62 showed up to get the card. It s a great card that gives Veterans a discount of 10% to 30% and there s about 200 businesses in Erie County that partake in this effort, so if anybody is a Veteran out there, please wait for your letter to come. If for any reason you don t get it, contact my office and we ll make sure you get it. Council President Zeisz I have nothing further. Thanks everyone for coming. Have a great night and drive home safely. 111

ADJOURNMENT 120. By Councilmember Slisz seconded by Councilmember Little Resolved, that this Common Council adjourn until, May 1, 2012. City Clerk Mayor Date Filed 112