Reorganizational Meeting - Tonawanda



Council Chambers

Tonawanda, New York

December 1, 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 Rick Oates and read by Council President Koch.

COMMUNICATIONS FROM THE MAYOR

Letter from the Mayor appointing Cecilia Driscoll to the City’s Library Board, effective January 1, 2021 with a term to expire on December 31, 2025

Letter from Mayor to Common Council regarding line item vetoes on the adopted 2021 City Budget

COMMUNICATIONS FROM CITY OFFICIALS AND CORRESPONDENCE

Traffic and Safety Board November 2020 Meeting Minutes

Signed Petition of individuals against the proposed new Doggie Day Care in the Hinds Street Plaza

Letter to Mayor from National Grid regarding the Closing Checklist for the Sale of Street Lighting Assets to the City of Tonawanda

Referred to the Committee of the Whole

Ordered filed

COMMENTS BY THE PUBLIC ON RESOLUTIONS

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

169. By Councilmember Mileham seconded by Councilmember Kammerdeiner

Resolved, that the Common Council minutes from November 17, 2020 be accepted as filed.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

COMMENTS BY THE PUBLIC AFTER RESOLUTIONS

Mike Campagna - I joined late, can you hear me?

Council President Koch - We can hear you.

Mike Campagna - I don’t know what the resolutions were. I just joined. I saw this in my mailbox. I live near Hinds Street Plaza where they want to put a dog Kennel in.

Council President Koch - OK, can we get your name? Your name is on the Zoom correct?

Mike Campagna – yes

Council President Koch- Do you have comments for the Council?

Mike Campagna - yes, the comments are obvious. The Zoning Board meeting was a joke. It was a done deal before 8 or 10 of us got there to say how much we oppose it. It’s so ridiculous, anybody you take to would never want 40 barking dogs and pooping dogs in their yard. Yet somehow, the Zoning Board made a deal with these people that want to put this business in there like it’s a good idea. Now we are all for business, and we know that this plaza needs help. But I dare you to go park 200 feet from Camp Bow Wow on Grand Island Blvd. and listen to the dogs outside, in the big fenced in pooping area. It’s a joke. None of you would want this in your yard. I don’t know who is the head of the Zoning Board was, but the way he spoke to these people before they even took a vote. You could tell they already talked, it was already a done deal. They were talking about materials that the fence was gong to be made out of. After the vote, we tried to talk some more we were told to go out in the hallway and talk out there. That’s a joke and an abuse of power. I don’t know how this could happen.

Council President Koch- Thank you for your comment. I know your Council member was looking into this. Dave, do you have anything to add?

Council Member Mileham- I have talked to Mr. Campagna a couple times. I really think the best interest for the residents surrounding this new business were not taken into consideration. I think at the very least a new variance board hearing should be given to them. To allow them to sit down and discuss what is actually going to happen and have input from the residents. We are a very dog friendly City. I think at last count, if memory serves me correctly there were 3000 dogs registered in our City. It’s a very dog friendly area, however having up to 40 dogs in someone’s back yard and in speaking to some of these neighbors, were they have put 1000’s and 1000’s of dollars into updating their back yards. Their going to be 5-6 feet from this. So, I think their complaints are legitimate. And, I feel terrible for the way they felt the way they were treated at the meeting. I wasn’t there we had a conflict with our Council meeting that night. However, I would like to see what we can do to help both sides to work this out, in a way that is going to help our taxpayers. Whether or not that business is rented, that building owner is going to be paying taxes. The renter of the space indirectly pays, whether or not the building is fully rented, taxes got to be paid. I would rather see what we can do in the best interest of our taxpayers.

Council President Koch - thank you Mr. Mileham. Mr. Rua, is the Zoning Board decision final?

Mike Rua - It is, it is final. As far as the City is concerned. The Zoning Board of Appeals were set up to remove any political issues, and that’s why there is an independent board. So their decision is final as far as the City goes. It can be challenged in court. Someone would have to bring a court proceeding and Article 78 to challenge the Boards decision. That would be a court action. It is not something the Common Council can override.

Mike Campagna - Can I speak again?

Council President Koch - yes

Mike Campagna - Well you see, something is wrong with this. Now we have to get together and spend a ton of money on lawyers and have to fight this in court. It’s so obviously wrong, to put a dog kennel in our backyards. I don’t care what anyone says about, that’s ridiculous. None of you would want this. The Zoning Board should not have the power to do what ever they want because it’s good for the City. Yes we all want business, we all, it helps all our taxes. Is just the idea, of all these dogs? It’s not going to go well. You are going to come home form work everyday and have dogs barking in your yard. pooping, and smelling it. It’s ridiculous. I’m tired of talking about it. I sure hope something gets done, this is not right.

Council President Koch - I would encourage you to keep reaching out to your Councilman.

Mike Campagna - But, you have just told me, It’s a done deal. We have to go to court to change anything. That’s, Come On.

Council President Koch - That decision is final, so again I would encourage you to work with your Councilman. I know he was going to reach out to the business and try to find a resolution that was amicable between both parties. I would definitely encourage you to continue with those discussions with your Councilman.

Mike Campagna - Well see, what’s your saying is just a bunch of words. If it’s a done deal and all these dogs are going to be in our yard this isn’t going to go well. This makes no sense. This Zoning Board can do what they want. I was there just a few feet listening to the Zoning Board, head of the board talking to one of the ladies, and he’s asking her, is that fence around the outside, is that going to be plastic or wood. Oh, its gong to be plastic. Oh that’s good, it was a done deal. How do they make decisions, radically effecting all these residents, it’s done a head of time. It doesn’t matter how it affects us. Try selling your house with 40 dogs in the yard. It’s a joke.

Council President Koch - Thank you for your comments.

Council Member Newman - Madam President can I ask a question? Correct me if I’m wrong, I believe the Zoning Board meeting was based on the actual fence. Was it not? Not a question of whether or not the doggie day care was a problem. They voted on I believe on a fence, not really the premise of it being a company moving in there. Is that right or wrong?

Council President Koch - That’s my understanding.

Council Member Newman - Well, this is outside the scope of the Zoning Board. If it’s zoned for commercial use, it’s not like the Zoning Board did something wrong.

Mike Campagna - so you want these dogs in your yard?

Council Member Newman - I’m not saying that necessarily. I just saying the Zoning Board didn’t make a decision on the doggie day care, the made a decision on the fence. That’s all I’m saying. Not saying its right or wrong. I don’t necessarily agree that barking dogs are going to be the answer in that area, it is kind of close to residential. But that was not really the premise of the Zoning Board meeting itself. I am just clarifying what the Zone Board meeting was voting on, I guess that’s what happened.

Council President Koch- You are correct Mr. Newman., any other comments or questions?

COMMENTS BY THE COUNCILMEMBERS AFTER RESOLUTIONS

Council Member Newman - Thank you Madam President, I hope everybody had a safe and healthy Thanksgiving. I want to thank Jason for bring us up to speed on the dock project. It’s defiantly some crazy stuff going on with COVID and pricing. He’s doing his due diligence to keep things in check, and I defiantly appreciate that. I want to thank Kevin Hardwick for coming on and expressing his good news. As far as his road, I would be willing to donate a bag of cold patch for his pothole problem; we can use that money for more important things. That’s all I have Madam President. Thank you.

Council Member Kammerdeiner - thank you Madam President. I share the same sentiments that Tom and I’m sure everyone else does. With Legislator Hardwick coming forward with some fantastic news for the City. Just want to give a shout out, this is the 5th year that Warm for Hungry Hearts has served our community on Thanksgiving day, my 4th with actually being with them. A little different this year unfortunately due to COVID we did a drive by or a drive thru, pick up of their turkey dinners we did about 74 meals. There still is a great need, I see if every day with the Salvations Army. Please, if you can give, please do so. Don’t forget they are still collecting toys for the Holiday Season as well, until I believe is the 24th. If you want to do a kind thing, just drop off a toy to the local businesses downtown. Other than that, that’s all I have.

Council Member Rautenstrauch - At the risk of being repetitive, Happy Holidays to all. Thank you to the state legislator Hardwick for going back for us and helping us out again. All I have, have a nice night.

Council Member Mileham - I would like to wish everyone a good night, a good couple weeks. Please continue to stay safe with COVID. I just would like everybody to stay safe and stay healthy. So we can have everybody around for years to come. Thank you.

Mayor Rick Davis - Thank you Madam President, I also would like to express my thanks to Legislator Hardwick, since he has decided to throw his hat into the public service ring he has represented the City both on the Council and on the Legislator very well and I continue to look forward to working with him. As Councilperson Kammerdeiner stated, the need for the Salvations Army is really great. We do have a bin in City Hall where residents can drop off toys. Those toys stay within our community. I just want to drive that point home. Hopefully people as much as they can pay it forward a little bit to some of those families that are really hurting right now. Please, Please wear a mask. Thank you, Madam President.

Council President Koch - thank you Mayor. I just want to thank our City Engineer and our Erie County Legislator Kevin Hardwick for joining us tonight. Certainly, good things to come with our dock expansion, and more monies to our community. I also want to thank all the residents that have reached out with an interest in joining the senior citizens committee. Its great to hear from all those who have expressed an interest in serving on that committee, I do look forward to the Council having a resolution at our next meeting appointing that committee. Without sounding repetitive, I know for eight months we have been asking everyone to wear a mask and stay safe. Please do so now more than ever. Everybody stay safe and we wish you well to you and your families. With that said, I would like to make a motion to adjourn.

ADJOURNMENT

170. By Council President Koch seconded by Councilmember Rautenstrauch

Resolved, that this Common Council adjourn until December 15, 2020.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

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City Clerk

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Mayor

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Date Filed

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