Reorganizational Meeting - Tonawanda



Council Chambers

Tonawanda, New York

July 21, 2020

A Regular Meeting of the Common Council

Present: Council President Koch

Present Councilmembers: Newman, Kammerdeiner, Rautenstrauch, Mileham

Pledge of Allegiance led by Council President Koch

Prayer provided by Associate Chaplain Dorothea Schweitzer and read by Council President Koch

COMMUNICATIONS FROM THE MAYOR

No Communications

COMMUNICATIONS FROM CITY OFFICIALS AND CORRESPONDENCE

Building Inspector Monthly Report for June 2020

Monthly Activity Report of the Fire Department for June 2020

Release from Assemblyman Robin Schimminger announcing NYS COVID Rent Assistance Program

January, February & March 2020 meeting minutes of Tonawanda Civil Service Commission

Referred to the Committee of the Whole

Ordered filed

President Koch- Resolution # 115 has been amended, the word grant has been removed in the second and last line. We are not going into executive session.

COMMENTS BY THE PUBLIC ON RESOLUTIONS

City Clerk James Kossow- I would like to make a comment on resolution #110 please. I just want to let everyone know in regards to the Deputy Clerk’s position, Due to the retirement of Laurie Schultz, who served the city for a little over 15 years, the last 4 ½ she was the Deputy City Clerk to both myself and Gayle Syposs, I wanted to thank her for all her hard work for the city and all that she has done and all the support she had given me the last couple years. With this resolution, we are not replacing the position due to the hiring freeze at this time, we are assigning the additional duties and responsibilities of the Deputy City Clerk and I have recommended that those duties and responsibilities be assigned to Lynn Burke.

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.

• Usage of cell phones other than for emergency is prohibited during all Council Sessions.

MOTIONS AND RESOLUTIONS

107. By Council seconded by Council

Resolved, that the Common Council minutes from July 7, 2020 be accepted as filed.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

108. By Councilmember Mileham seconded by Council President Koch

Resolved, that the bills be allowed as audited.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

109. By Councilmember Rautenstrauch seconded by Councilmember Newman

Whereas, a Special Events application was received by the City Clerk from the New Life Center for a Worship in the Park, and

Whereas, due to COVID-19 there was the need to re-schedule the event to a new date; and

Whereas, the application was reviewed and commented on by all appropriate department heads to ensure the safety and well being of our residents, and

Whereas, all details for the above named event must be coordinated with Parks Director Amanda Lofft, and the event chairperson, now, therefore be it

Resolved, that permission be granted to New Life Center to hold their Worship in the Park event on Saturday, August 8, 2020, from 3:00 P.M. until 8:00 P.M., 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 31, 2020, and

Be it further resolved, that in the event there is a more serious impact on public health as a result of COVID-19, the Common Council reserves the right to rescind its permission for this event.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

110. By Councilmember Newman seconded by Council President Koch

Council President Koch- I want to thank our City Clerk for this recommendation, I am very pleased to see this recommendation, and congratulations Mrs. Burke.

Resolved, that at the recommendation of the City Clerk, Lynn Burke, Account Clerk-Typist, be appointed Deputy City Clerk for the City of Tonawanda, effective July 16, 2020, with the additional annual stipend of $4,000, term to expire December 31, 2021, or until such time after December 31, 2021, an appointment is made. The annual stipend for 2020 will be pro-rated over the remainder of the year.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

111. By Council seconded by Council

Resolved, that Lynn Burke be appointed Deputy Registrar of Vital Statistics for the City of Tonawanda, said appointment to expire December 31, 2021, or until such time after December 31, 2021, an appointment is made.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

112. By Councilmember Rautenstrauch seconded by Councilmember Kammerdeiner

Whereas, an application was received by the City Clerk for the American Legion Post 264 and Vietnam Veterans Chapter 77 “Classics on the Niagara” and

Whereas, due to COVID-19 there was the need to re-schedule the event to a new date; and

Whereas, the application was reviewed and commented on by all appropriate department heads to ensure the safety and well being of our residents, and

Whereas, all details for the above named event must be coordinated with Tonawanda Police Captain Fred Foels and Amanda Lofft, Parks and Recreation Director and the event chairperson, now, therefore be it

Resolved, that permission is granted to American Legion Post 264 and Vietnam Veterans Chapter 77 to hold the “Classics on the Niagara” in Niawanda Park from Franklin Street Parking Area to City Hall on September 6, 2020 from 8 A.M until 4:00 P.M. 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 August 28, 2020 and

Be it further resolved, that in the event there is a more serious impact on public health as a result of COVID-19, the Common Council reserves the right to rescind its permission for this event.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

113. By Councilmember Mileham seconded by Councilmember Koch

Councilmember Newman- At this time, I understand this is a preliminary step in case something happens. I am not comfortable pushing this through. I still feel that this is a last resort and I do not think we are there yet. I do not think we have done enough. I think the employees of the City have to step up to the plate. This is how I feel at this time. I am opposed to this.

Council President Koch- Question, I see our City Treasurer on, Bill we received a correspondence that a tax cap would be at 1.51%. To your knowledge that is still unofficial correct?

City Treasurer Reece- Correct

Council President Koch- When would you anticipate that there will be an official correspondence?

City Treasurer Bill Reece- I will reach out and find out, the 1 ½ to 2% still a large gap from where we are at with our initial planning.

Council President Koch- And in your best guesstimate if the governing body would stay below the tax cap we would be looking at about $700,000.

City Treasurer Bill Reece- That would be my best guess, again what I’m trying to stress right from the beginning is, the state gives you the opportunity to un-override the cap, so we would still be able to benefit opposed to if we didn’t override the cap. They gives us to January 21st, 2021 to get that accomplished, where if we found out that the Governor changed their date to September, we actually wouldn’t be able to get everything passed for the budget to be approved. There might still be time to get it done before the budget takes effect. It would be easier to override it now than not override it. Or If we override it and keep the numbers down we could also take the amount we are below the cap, and apply that towards next years. If we override it and bring the numbers down we would still get the benefits of applying the difference of what we have under the cap to apply that to the following year but we also have the ability to not override the cap and receive the benefits. There are 2 ways after this is done that we can still achieve the goals the council wanting to keep tax increase as low as possible and I understand what Councilmember Newman is saying. We can override and use it as a tool , but if we see in September, regarding where our tax cap is and where the numbers are going and state aid, it would be to late at that point to get it in before you vote on the budget. We have plenty of time after, to override it. Its better to have that tool, then not use it.

LOCAL LAW No. 2 – 2020

A Local Law authorizing the City of Tonawanda to impose a property tax

Levy in excess of the limit established in New York State General Municipal

Law Article 2, Sec. 3-c

BE IT ENACTED by the Common Council for the City of Tonawanda that proposed

Local Law No. 2 of the year 2020 entitled:

A Local Law authorizing the City of Tonawanda to impose a property tax

Levy in excess of the limit established in New York State General Municipal Law

Article 2, Sec. 3-c, which provides that:

It is the intent of this Local Law to allow the City of Tonawanda to adopt a budget for the fiscal year commencing January 1, 2021, that requires a real property tax levy in excess of the “tax levy limit” as set forth in General Municipal Law Article 2, Sec. 3-c.

This Local Law is adopted pursuant to subdivision 5 of General Municipal Law Article 2, Sec. 3-c, which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a Local Law approved by a vote of sixty percent (60%) of said governing body.

The Common Council City of Tonawanda is hereby authorized to adopt a budget for the fiscal year commencing January 1, 2021, that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law Article 2, Sec. 3-c.

If a court determines that any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, individual, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this Local Law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

This Local Law shall take effect immediately upon filing with the Secretary of State.

Be and it is hereby introduced before the Common Council of the City of Tonawanda, New York; and

BE IT RESOLVED, that copies of the aforesaid proposed Local Law No. 2 for the year 2020 be laid upon the desk of each member of the Common Council by the City Clerk in accordance with the NYS Municipal Home Rule Law.

Ayes: Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: Newman

Resolution declared adopted

114. By Councilmember Newman seconded by Councilmember Kammerdeiner

Resolved, that the residents of Cleveland Ave between Fillmore Avenue and Cleveland Place be permitted to conduct a Block Party on August 1, 2020 from 2:00 P.M. to 10:00 P.M. and

Be it further resolved, that in the event there is a more serious impact on public health as a result of COVID-19, the Common Council reserves the right to rescind its permission for this event.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

115. By Council seconded by Council

Council President Koch- Just by way of explanation, This is not a grant, the City did not apply of it, its part of the Urban Initiative started by Erie County Legislator Kevin Hardwick, The city of Tonawanda is being awarded $250,000. That monies will be earmarked $50,000 will go to the LDC, a portion of the money will go to a boiler at DPW estimated at $79,900, The Dog Control Officer new vehicle estimated at $27,000, DPW tractor and mower estimated at $55,000, and DPW Salt truck estimated at $37,000. We wanted to thank Erie County Legislator Kevin Hardwick for his efforts in securing the money for us, many of these initiatives were on our Capital Improvement, which we had removed, so I just want to thank the Erie County Legislator for his efforts in securing those funds for our community so that we can put that money to good use.

Whereas, the City of Tonawanda has secured an Urban Initiative of $250,000 from the County of Erie of which the monies shall be used for various DPW and Police Department projects and the Local Development Corporation (LDC).

Now, therefore be it resolved, that Mayor Rick Davis is authorized and directed to sign the contract between the City and the County of Erie for the $250,000 Urban Initiative.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

.

COMMENTS BY THE PUBLIC AFTER RESOLUTIONS

Pete Somerville 197 Walter Ave- I have been in contact with all of you have sent emails to, and I appreciate those of you that responded to me. I am an avid bicyclist; I am disgusted with the fact that the hub is closed. I find it a total embarrassment for the City of Tonawanda to spend that amount of money and you have that closed. When I am out riding with various members of my bike clubs, the subject of the hub comes up it is humorous. I realize we are on a strict budget but I think even open 8 hours a day when we have somebody there every 2 hours to clean it, a little bit of buyer beware on using it on your own. I wish we would do something to keep that open. This isn’t so dilapidated bathrooms like we have over at Ives Pond on East Niagara. By the way, you guys should tear those down. We are the laughing stock of the bicycle community, even though we have the nicest facility in WNY. So, anything you can do. Thank you.

COMMENTS BY THE COUNCILMEMBERS AFTER RESOLUTIONS

Councilmember Newman- I have nothing.

Councilmember Kammerdeiner- I have nothing to report.

Councilmember Rautenstrauch- I want to say thank you to Chief Strassburg for addressing a couple of issues that affected several businesses along Niagara Street. I want to extend my congratulations to Laurie Schultz and John Moore on their retirements. I also want to congratulate Lynn Burke on her appointment of Deputy Clerk. I want to make a comment in regards to Local Law # 2 on overriding the Tax Cap. We needed to start the process, none of us want to do this but we will have to tighten our belts and turn over every stone. We do not want to go over the cap but with everything that we have faced this year we have to be ready since we are about $700,000 short going into next year. I also want to respond to Councilmember Newman’s comments from the last meeting. I am curious to hear your suggestions and challenge you to find more options. At our last meeting my egregious suggestion in regards to cutting overtime was objected by everyone when we face a $700,000 shortfall for next year. My goal is obviously to maintain the services we have in the City and is something that we have come to rely on. No one wants to see our neighbors and employees lose their jobs. I will continue to work hard but there should be some realism as to what is ahead on the horizon.

Councilmember Mileham- I think Mr. Rautenstrauch was reading my papers here. I too want to Congratulate Mrs. Schultz on her retirement. I wish her a long and healthy retirement. To Mrs. Burke, Congratulations on your very well deserved position. I received a letter from the residents of Rogers Court that I would like to read into the record. It’s addressed to the Common Council & the Mayor. The letter is as follows:

July 20, 2020

To the City of Tonawanda Common Council & Mayor,

On Friday, July 10, 2020, milling and paving began on Rogers Ave. Those of us that live in the court all received notices that our cars had to be off the street and were all under the impression that the court was included in this project. By the end of the day, we residents knew we were left out. It is approximately 200 feet of roadway. We were told it consisted of 20% of the budget, which is really hard to believe without seeing the numbers.

The homes in the court are assessed at a considerable higher rate than those on the street. Taxes have gone up 23.8% since 2018!! We don’t mind paying taxes when we are receiving the same services as all taxpayers. When left out of a big project like this we feel like the red headed step children left out at Christmas. The roadway is deteriorating, by not including the court in the project, the city has de-valued our homes. Everything is curb appeal when selling a home or appraising for home improvement loans from the banks. With the court in its present condition, it appears that its neglected, not appealing to an appraiser.

In light of the above facts please reconsider and mill and pave our court. It’s not fair that it was not done at this time. We pay our taxes and expect to be treated equal not treated as an after thought. Please get our Court on the project when Rogers Ave is to be completed next year.

Sincerely,

237 Rogers- Paul & Danielle Arbutina

241 Rogers- David & Joyce Hogenkamp

245 Rogers- Theresa Evans

249 Rogers- Scott & Janet Perry

Mayor Rick Davis- I would like to thank Laurie Schultz and John Moore, for putting many years in with the City and I wish them good luck and God speed in their future endeavors in their retirement which I hope to enjoy some day. I would like to congratulate Lynn on her appointment. I’ve known Lynn since we were little and she is an asset to the Clerk’s office and I look forward to working with her. Last year Legislator Hardwick came to me with the idea that because the County really doesn’t provide many services to the three cities, which is us, Buffalo and Lackawanna, that he wanted to pitch the idea of Urban Initiatives, there is us and 2 other cities looking for some home projects in those respected cities. With working with him last year, we had hoped to make it a yearly thing. With COVID happening this year and we are actually quite lucky, that Legislator Hardwick and our County Executive were able to continue this service to the city, I just want to thank them for their continued efforts. August 1st City Hall will be re-opening, there is a disclaimer, people have to make an appointment in order to enter the building. We are still trying to control as much as possible the spread COVID. I ask that people continue to use the drop box, which has been very successful. If you need to speak to someone face to face at City Hall, call that department, after August 1st and make an appointment. It’s that time of year again I get to tell everyone about the Army Corp spraying the canal. You may notice the canal during the week of July 27th may have a different color, please don’t jump in, its pretty nasty stuff, you shouldn’t be swimming in the canal anyways. Be on the lookout for a vessel that is going along the water spraying the embankment. Today I attended a press conference for the cities of Tonawanda and North Tonawanda, we received the Erie Canal National Heritage Corridor Gateway designation. This is a culmination of the hard work on both sides of the Canal, to help make the Twin Cities a regional destination and a vision of our respective downtown waterfronts. You never expect to get recognized for the work you have been able to accomplish. People outside of the city realize what it is you are trying to do to our downtown. Though, they did not come bearing a check, this designation will help both cities in moving forward for assistance for our revitalization efforts. Council President Koch at the last meeting criticized me for an email I sent to the Council detailing the loss of sales tax revenue. She went on to insinuate that the information that I gave to the Council was false, when in fact it was not. It was a simple cut and paste from an email that I receive weekly from the Association of Erie County Government giving us an update on the sales tax numbers. I did so as a professional courtesy to help the Council to understand the loss of revenue the City is facing from COVID and to plan accordingly. From the beginning of the COVID crisis that we are all facing, there have been work schedule changes that have kept our city employees safe which has led to a decrease in overtime. We have furloughed 2 city workers, I have instituted a hiring freeze, I stopped the hiring of all seasonal workers, closed our senior center, eliminated recreational programming for the year just to name a few. These decisions have made up a bulk of cuts the council has cut. Due to projections, we are only 25% of the way there. We still need around 1.5 million dollars in the budget cap for the rest of the year. We have talked about concessions and aid from the federal government until we are blue in the face, but even if those come through; the City is still facing a significant budget shortfall. Where is the rest of the money going to come from? It is either going to come from budget deficit financing, which will add a built-in tax rate in future budgets for the next 5 years, or it will come from Fund Balance. Which we also need to be replenished in future budgets and it will severely affect our ability to weather a second wave of COVID and the revenue shortfall that would be associated with that. At this point in time that can’t be the answer. Now to his credit, Councilmember Rautenstrauch sponsored a resolution that would cut the budgeted overtime in the city departments. He was vilified at last meeting for even putting it on the agenda. It was nothing nefarious, sneaky or wrong about what he did. He followed the exact protocol to bring the resolution up for discussion. Here’s to my point, there is less days left in the year than there were 2 weeks ago to fix this problem. Everyday that goes by is a day lost, and a day that could possibly move us closer to having to deal with this all over again. There are tough decisions that need to be made and might not be popular. But we were not elected to do the popular thing and get kudos on social media. We were elected to do the right thing.

Council President Koch- I want to congratulate Frank Corbett, he was recently presented with a proclamation for his efforts in the community by our Erie County Legislator Kevin Hardwick, so I want to give him a huge shout out. Also, congratulations to Laurie Schultz and John Moore on their retirement. I want to give a special Happy Belated Birthday to our City Clerk Jim Kossow, who recently celebrated his birthday. I hope you had a great day Jim.

ADJOURNMENT

11. By Councilmember Koch seconded by Councilmember Rautenstrauch

Resolved, that this Common Council adjourn until August 4, 2020.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

_______________________

City Clerk

________________________

Mayor

____________________

Date Filed

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