Reorganizational Meeting - Tonawanda



Council Chambers

Tonawanda, New York

August 6, 2019

A Regular Meeting of the Common Council – 7 P.M.

Present: Council President Koch

Present Councilmembers: Newman, Kammerdeiner, Young, Mileham

Pledge of Allegiance led by Council President Koch

Prayer led by Associate Chaplain Bill Miles

COMMUNICATIONS FROM THE MAYOR

COMMUNICATIONS FROM CITY OFFICIALS AND CORRESPONDENCE

2019 Overtime YTD Reports from City Treasurer thru 7/11/19, 7/25/19 & 8/8/19

Traffic and Safety Board July 2019 Meeting Minutes

Letter from Local Initiatives Support Corporation (LISC) to the Twin Cities informing them they were awarded a grant for its zombie and vacant one to four family homes

Building Inspector Monthly Report for July 2019

City Clerk Monthly Report for July 2019

Notification Letter from Ecology & Environment, Inc. regarding the use of Aquatic Herbicide in Tonawanda Creek/Erie Canal to eradicate the aggressive hydrilla plant

Referred to the Committee of the Whole

Ordered filed

COMMENTS BY THE PUBLIC ON RESOLUTIONS

Demelt Shaw, 129 Killewald Avenue- One of the motions that we see here is to override the tax levy limit under General Municipal Law Article 2, Section 3C. Which means of course we can now go above the percentage that is recommended under that law. Obviously, it’s going to have to happen with our budget coming up. To comment on the nine individuals mostly department heads who are going to be receiving increases tonight if they are approved. I first of all want to say, I do not wish these comments to reflect any negativity about the job performance that they are doing. That’s not at all in order. They are I’m sure doing an extremely good job and I don’t what that in my comments to reflect that that is not the case. The problem is these are not contract raises. These are department heads and I understand but we do not have the money. We have to have fiscal responsibility to hold the line. We unfortunately cannot hold the line on contractual raises that are due to our various departments. They are set in stone and they are there. We are going to have to meet them like it or not. These are not. These are at our discretion. Also, these nine individuals will also be up for a consideration in January 2020 for more raises. It all gets down to this, we can be Mr. Nice Guy or Mrs. Nice Guy whatever you want to call it and it’s all nice to be that but we do not have these funds. It is a fiscally irresponsible act to raise salaries where we do not have to. And again, I do not want to reflect in any negative way on any the individuals who are coming up tonight as far as the kind of job they do. Thank-you much.

Council President Koch- Thank-you Mr. Shaw. Any other comments? Okay, let’s roll.

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

173. By Councilmember Newman seconded by Councilmember Kammerdeiner

Resolved, that the Common Council minutes from July 23, 2019 be accepted as filed.

Ayes: Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

174. By Councilmember Newman seconded by Councilmember Mileham

Resolved, that the residents of Bellhurst Road between Follette and Frederick Road be permitted to conduct a Block Party on August 24, 2019 from 4:00 P.M. to 8:00 P.M.

Ayes: Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

175. By Councilmember Newman seconded by Council President Koch

WHEREAS, Local Law No. 1 for the year 2019 for the City of Tonawanda, 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 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, 2020, 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 the 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, 2020, 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.

was enacted by a resolution of this body on February 19, 2019; and

WHEREAS, Mayor Rick Davis held a public hearing on March 5, 2019 concerning said legislation;

NOW, THEREFORE, BE IT RESOLVED, that should the Mayor approve said legislation as is required by law, the City Clerk is directed to notify New York Secretary of State of its enactment and approval.

Ayes: None

Nays: Newman, Kammerdeiner, Young, Mileham, Koch

Resolution declared defeated

176. By the Council seconded by the Council

WHEREAS, the Council has determined that the City Engineer receive a raise commensurable with all the other bargaining units throughout the City;

NOW, THEREFORE BE IT RESOLVED, that the above mentioned position receives a 1.5% raise retroactive to July 1, 2019;

NOW, be it further resolved that the Common Council reserves the right to consider additional salary increases for said position on or about January 2020.

Estimated Fiscal Impact: $1,530

Ayes: Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

177. By the Council seconded by the Council

Council President Koch- I want to thank Mr. Kossow for all he has done for the council and the city. Just today he brought forward an issue that the council will be solving. I certainly appreciate all he has done.

WHEREAS, the Council has determined that the City Clerk receive a raise commensurable with all the other bargaining units throughout the City;

NOW, THEREFORE BE IT RESOLVED, that the above mentioned position receive a 1.5% raise retroactive to July 1, 2019;

NOW, be it further resolved that the Common Council reserves the right to consider additional salary increases for said position on or about January 2020.

Estimated Fiscal Impact: $914

Ayes: Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

178. By the Council seconded by the Council

WHEREAS, the Council has determined that the Fire Chief receive a raise commensurable with all the other bargaining units throughout the City;

NOW, THEREFORE BE IT RESOLVED, that the above mentioned position receive a 1.5% raise retroactive to July 1, 2019;

NOW, be it further resolved that the Common Council reserves the right to consider additional salary increases for said position on or about January 2020.

Estimated Fiscal Impact: $1,508

Ayes; Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

179. By the Council seconded by the Council

WHEREAS, the Council has determined that the Police Chief receive a raise commensurable with all the other bargaining units throughout the City;

NOW, THEREFORE BE IT RESOLVED, that the above mentioned position receive a 1.5% raise retroactive to July 1, 2019;

NOW, be it further resolved that the Common Council reserves the right to consider additional salary increases for said position on or about January 2020.

Estimated Fiscal Impact: $1,792

Ayes: Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

180. By the Council seconded by the Council

WHEREAS, the Council has determined that the Public Works Superintendent receive a raise commensurable with all the other bargaining units throughout the City;

NOW, THEREFORE BE IT RESOLVED, that the above mentioned position receive a 1.5% raise retroactive to July 1, 2019;

Now, be it further resolved that the Common Council reserves the right to consider additional salary increases for said position on or about January 2020.

Estimated Fiscal Impact: $1,554

Ayes: Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

181. By the Council seconded by the Council

WHEREAS, the Council has determined that the Assistant Public Works Superintendent receive a raise commensurable with all the other bargaining units throughout the City;

NOW, THEREFORE BE IT RESOLVED, that the above mentioned position receive a 1.5% raise retroactive to July 1, 2019;

Now, be it further resolved that the Common Council reserves the right to consider additional salary increases for said position on or about January 2020.

Estimated Fiscal Impact: N/A

Ayes: Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

182. By the Council seconded by the Council

WHEREAS, the Council has determined that the Deputy City Attorney receive a raise commensurable with all the other bargaining units throughout the City;

NOW, THEREFORE BE IT RESOLVED, that the above mentioned position receive a 1.5% raise retroactive to July 1, 2019;

NOW, be it further resolved that the Common Council reserves the right to consider additional salary increases for said position on or about January 2020.

Estimated Fiscal Impact: $360

Ayes: Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

183. By the Council seconded by the Council

WHEREAS, the Council has determined that the Assistant City Engineer receive a raise commensurable with all the other bargaining units throughout the City;

NOW, THEREFORE BE IT RESOLVED, that the above mentioned position receive a 1.5% raise retroactive to July 1, 2019;

NOW, be it further resolved that the Common Council reserves the right to consider additional salary increases for said position on or about January 2020.

Estimated Fiscal Impact: $978

Ayes: Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

184. By the Council seconded by the Council

WHEREAS, the Council has determined that the Mayor’s Executive Secretary receive a raise commensurable with all the other bargaining units throughout the City;

NOW, THEREFORE BE IT RESOLVED, that the above mentioned position receive a 1.5% raise retroactive to July 1, 2019;

NOW, be it further resolved that the Common Council reserves the right to consider additional salary increases for said position on or about January 2020.

Estimated Fiscal Impact: $596

Ayes: Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

185. By Councilmember Kammerdeiner seconded by Councilmember Mileham

Whereas, a Special Events application was received by the City Clerk from Thomas Berrafato for the End of Summer Bicycle Blast at the Hub, 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 Captain Fredric Foels and Amanda Lofft, Parks and Recreation Director and the event chairperson, now, therefore be it

Resolved, that permission is granted to Thomas Berrafato to hold the End of Summer Bicycle Blast at the Hub on September 14, 2019 from 2:00 P.M. till 7:00 P.M.

Resolved, that a Certificate of Insurance naming the City of Tonawanda as additional insured be filed with the City Clerk no later than September 7, 2019.

Ayes: Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

186. By Councilmember Kammerdeiner seconded by Councilmember Mileham

Whereas, the Local Development Corporation (LDC) was created to actively promote and market the City’s assets and encourage economic development in the City, and

Whereas, the Mayor and the Common Council has supported the funding of the LDC in the City’s 2019 operating budget.

Now, therefore be it resolved, that the Common Council authorizes the City Treasurer to transfer the remaining 2019 budgeted funds in General Fund Account Number 001-1989-0463, $35,251 to the Tonawanda LDC.

Ayes: Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

187. By Councilmember Young seconded by Councilmember Newman

Councilmember Young- These are four paramedic monitors that we get for the fire department to replace ones that are fifteen years old, twelve years old some more than that. They get a lot of use everyday and have saved a lot of lives in the city. So this is a good thing to have. I fully support this.

A BOND RESOLUTION, DATED AUGUST 6, 2019, OF THE COMMON COUNCIL OF THE CITY OF TONAWANDA, ERIE COUNTY, NEW YORK (THE “CITY”), AUTHORIZING THE ACQUISITION OF EQUIPMENT FOR USE BY THE CITY’S FIRE DEPARTMENT, AT AN ESTIMATED MAXIMUM COST OF $160,000 AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $160,000 OF THE CITY, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SUCH PURPOSE, SUCH AMOUNT TO BE OFFSET BY ANY FEDERAL, STATE, COUNTY AND/OR LOCAL FUNDS RECEIVED, AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE CITY TREASURER.

BE IT RESOLVED, by the Common Council (by the favorable vote of not less than two-thirds of all the members of the Council) as follows:

SECTION 1. The City is hereby authorized to undertake the acquisition of equipment for use by the City’s fire department including, but not limited to, defibrillators, heart monitors and associated equipment, including all preliminary costs and costs incidental thereto and in connection with the financing thereof (collectively, the “Purpose”). The estimated maximum cost of the Purpose is $160,000.

SECTION 2. The Common Council plans to finance the estimated maximum cost of the Purpose by the issuance of serial bonds in an aggregate principal amount not to exceed $160,000 of the City hereby authorized to be issued therefor pursuant to the Local Finance Law, such amount to be offset by any federal, state, county and/or local funds received. Unless paid from other sources or charges, the cost of such improvement is to be paid by the levy and collection of taxes on all the taxable real property in the City to pay the principal of such bonds and the interest thereon as the same shall become due and payable.

SECTION 3. It is hereby determined that the Purpose is an object or purpose described in subdivision 27-a of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of the Purpose is five years.

SECTION 4. Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of such bonds.

SECTION 5. It is hereby determined the proposed maturity of the obligations authorized by this resolution will not exceed five years.

SECTION 6. The faith and credit of the City are hereby irrevocably pledged for the payment of the principal of and interest on such bonds (and any bond anticipation notes issued in anticipation of the sale of such bonds) as the same respectively become due and payable. An annual appropriation will be made in each year sufficient to pay the principal of and interest on such bonds or notes becoming due and payable in such year. Unless paid from other sources or charges, there will annually be levied on all the taxable real property of the City a tax sufficient to pay the principal of and interest on such bonds or notes as the same become due and payable.

SECTION 7. Subject to the provisions of this resolution and of the Local Finance Law, and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00, Sections 56.00 to 60.00, Section 62.00, Section 62.10, Section 63.00, and Section 164.00 of the Local Finance Law, the powers and duties of the Common Council pertaining or incidental to the sale and issuance of the obligations herein authorized, including but not limited to authorizing bond anticipation notes and prescribing the terms, form and contents and details as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the City Treasurer, the chief fiscal officer of the City. Without in any way limiting the scope of the foregoing delegation of powers, the City Treasurer, to the extent permitted by Section 58.00(f) of the Local Finance Law, is specifically authorized to accept bids submitted in electronic format for any bonds or notes of the City.

SECTION 8. The temporary use of available funds of the City, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the purpose or purposes described in Section 1 of this resolution. The City then reasonably expects to reimburse any such expenditures (to the extent made after the date hereof or within 60 days prior to the earlier of (a) the date hereof or (b) the date of any earlier expression by the City of its intent to reimburse such expenditures) with the proceeds of the bonds authorized by Section 2 of this resolution (or with the proceeds of any bond anticipation notes issued in anticipation of the sale of such bonds). This resolution shall constitute the declaration (or reaffirmation) of the City’s “official intent” to reimburse the expenditures authorized by Section 2 hereof with such bond or note proceeds, as required by United States Treasury Regulations Section 1.150-2.

SECTION 9. The City Treasurer is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”) and may designate the bonds authorized by this resolution, and any notes issued in anticipation thereof, as “qualified tax-exempt bonds” in accordance with Section 265(b)(3) of the Code.

SECTION 10. The City Treasurer is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchaser in compliance with the provisions of Rule 15c2-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.

SECTION 11. The City hereby determines that the Purpose is a Type II action that will not have a significant effect on the environment and, therefore, no other determination or procedures under the State Environmental Quality Review Act (“SEQRA”) are required.

SECTION 12. In the absence or unavailability of the City Treasurer, the Deputy Treasurer is hereby specifically authorized to exercise the powers delegated to the City Treasurer in this resolution.

SECTION 13. The validity of such serial bonds or of any bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if:

1. (a) such obligations were authorized for an object or purpose for which the City is not authorized to expend money, or

(b) the provisions of law which should be complied with as of the date of publication of this resolution are not substantially complied with,

and an action, suit or proceeding contesting such validity is commenced within 20 days after the date of such publication; or

2. such obligations are authorized in violation of the provisions of the Constitution of New York.

SECTION 14. The City Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of the Local Finance Law, in a newspaper having a general circulation in the City and hereby designated as the official newspaper of the City for such publication.

SECTION 15. This resolution is effective immediately.

Ayes: Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

188. By Councilmember Young seconded by Councilmember Mileham

Councilmember Young – This is the boat dock that is going to go behind the City Hall here for the police boat. Like the Chief says, this will save time. The boat will be able to be put in the water really fast and the guys can get out there and do the job they need to do.

Councilmember Mileham- For those who weren’t here at the earlier part of the meeting I just wanted to mention that this is not going to have a fiscal impact on the city.

Whereas, the City of Tonawanda has committed to the construction of a boat dock facility in Niawanda Park that will be used for the City of Tonawanda Underwater Recovery Team boat; and

Whereas, the City of Tonawanda has secured a conditional grant of $150,000 from the County of Erie of which $125,000 shall be used for the dock construction project and the remaining $25,000 shall be used toward an inclusive playground in Niawanda Park.

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 $150,000 conditional grant.

Ayes: Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

189. By Councilmember Mileham seconded by Councilmember Young

Resolved, at the recommendation of the City Engineer, Jason J. LaMonaco, P.E., that Mayor Rick Davis is hereby authorized to award Sidewalk Replacement – 2019 Change Order No. 1 to Roman Construction Development Corp. at a cost not to exceed $16,400.00.

Funding/Fiscal Impact: $16,400 from 2018 Bond

Ayes: Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

190. By Councilmember Kammerdeiner seconded by Councilmember Newman

Whereas, a Special Events application was received by the City Clerk from Bill Paton on behalf of the American Legion to conduct the C.O.P.S. Honor Ride

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

Whereas, all details for the above named event must be coordinated with Captain Fredric Foels and Superintendent Joseph Warthling of the Department of Public Works, and the event chairperson, now

Therefore, be it resolved that permission is granted to the American Legion to hold their C.O.P.S. Honor Ride on Sunday, August 18, 2019 from 9:30 A.M. till 4:00 P.M.

Ayes; Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

COMMENTS BY THE PUBLIC AFTER RESOLUTIONS

Ron Pilozzi, 82 Clinton Street- Just an addendum to what I discussed back there a question Councilman Young had asked me. My understanding when we discussed this many years ago when I was Mayor. I was told there’s a lot of black walnut trees back there. Those are big bucks. So, if this council ever entertains a sale of the property they should harvest those trees first so the taxpayers of the City of Tonawanda benefit by that. Just a thought.

Council President Koch- Thank-you very much Mayor.

Debra Airth, 387 Fletcher Street- I would like to know how you are going to justify by giving all of these raises when the attorney himself told me the city is broke and there’s a pile of lawsuits sitting there two feet high?

Council President Koch- I wasn’t present for the conversation. So I will tell you that the raises are budgeted and come our next fiscal budget we will re-evaluate things.

Debra Airth- Can I ask are these continuous raises for the next seven years as I was told?

Council President Koch- This is their salary, yes.

Debra Airth- Does the 1.5 every year?

Council President Koch- Correct. This is retro from June but then the council will evaluate in January. Department Head raises come up typically in (interrupted)

Debra Airth- Are these all salaried employees? Do you know how many police officers we have?

Council President Koch - Twenty-six.

Debra Airth- How many are salary?

Council President Koch- They are all salary.

Debra Airth- They are all salary.

Council President Koch- Correct.

Debra Airth- I have some questions about the Mayor himself but I will wait for next meeting when he is here to address. Thank-you very much.

Council President Koch- Thank-you. Any other comments or questions?

Gary Pohzehl, 320 Broad Street- I’ve had three incidents with the plumbing inspector. He’s come to my house multiple times accusing of work. I do own a truck that is stickered. So, I would like to get down to the bottom why I get harassed three times over three years regarding it?

Council President Koch- Thank-you for your comment. As I shared with you earlier I know Mr. Newman is going to schedule a meeting with you and our plumbing inspector. Mr. Rua you have your hand up?

City Attorney Michael Rua- Our police department officers are hourly employees not salaried. I just want to clear that up for the record.

Council President Koch- Thank-you. I misunderstood. My mistake. Any other comments or questions?

Charlene Jurek, 12 Sharon Drive- I’ve lived there for twenty-seven years. I went to the Canal Fest on Wednesday, July 17 to get something to eat and to see the car show. Our plan was to park at Citizen Bank on Adam due to the bank closing at 4:00 P.M. I drove down River Road and turned right onto Seymour and then left on to Adam so as I was turning left onto Citizen’s Bank there was a huge sign on the lot that said “No Parking” unless you were doing business there. I then backed out and saw a spot on Adam. We both saw the parking sign that says “Two Hour Parking from 9:00 A.M. to 6:00 P.M. “in which we knew we would be back by then. We parked around 4:05 P.M. in which there was a Tonawanda City Police car in the parking lot and saw us park and leave. There were absolutely no parking signs up and I believe the police officer would have said something to us and we walked right past him. We got back at approximately 5:50 P.M. and I thought my truck had been stolen. I started to panic because as this is not my vehicle but a company vehicle. I have worked for the company 41 years and have never encountered something like this. There was an officer in the street which I said my truck was stolen. He informed me it was towed because there were “No Parking” signs up. We did not see any signs up when we parked. Natalie Owens was also there speaking with the officer about her car being towed away and she also said there were no parking signs up. The officer then told us that they had arrested a girl the night before for taking down the parking signs. He also said there were a lot of cars parked on Adam and they made calls to the owners to move them. Why would we all park on Adam if there were “No Parking” signs up? The officer took us to Walter’s to get our vehicle. I was told I had to pay $293.63 to get my vehicle back. I was extremely upset with this high amount. I went to court on 7/19/19 and was told by the district attorney that the no parking fee was dropped and would have to ask for restitution on the towing fees (inaudible) the girl who took the signs. Once again I went back to court on 7/30/19 and spoke to district attorney Milton Gordon who actually laughed at the situation and said “Good luck with that. Did you or the police actually see her take the signs down at Adam?” Nicole asked for a court appointed attorney and the case will not be heard until October 29, 2019. Natalie and I then went and spoke with Mayor Rick Davis in which he said he did not have the power to get the towing fees back. I feel as a taxpayer the City of Tonawanda for the past 27 years I should be able to get a refund from the City of Tonawanda for the towing. It did not need to be done. As we were leaving they were letting cars back on Adam at 6:00 P.M. as they did not need Adam for the car show. Thank-you.

Council President Koch- Thank-you for your comment. I just want to say that this is a legal matter and would encourage you to speak and work through the city attorney for restitution. The council can’t authorize restitution from the towing company. So, that is something you would have to work through the city attorney. I understand he is well aware of it and has given both of you direction on how to recoup those funds. So, I would just ask that you continue to work with the city attorney on that. Any other comments or questions?

Natalie Owens, 104 Ilion Street – I’ll call this the “Magic Case of the Invisible Sign”. On Wednesday, July 17, 2019 I parked my car about 3:30 P.M. or so on Hamp Laundromat side of Adam Street. There were no “No Parking” signs whatsoever on the street. None whatsoever! I’ll repeat it again. There were no “No Parking” signs. I am not blind. I am not illiterate. I learned how to read in Central School in Tonawanda. Thank-you. I went to work where there were plenty of “No Parking” signs all up and down Main Street. Imagine by shock at about 5:30 P.M. when I returned with a bag of shrimp under one arm and a box in the other and found no car. It was blazing hot. The officers on the street said “You can go sit in some shade.” It was that bad. The officials on the street laughed when they saw me carrying these things at first and said I looked like I was going to my accountant. I missed the joke in my state of shock. There still were no “No Parking” signs on Adam Street when I came out at 5:30 P.M. They said they just took down; they had just taken down the signs. Not only did I get a parking ticket, I had to pay $190.00 to get my car at Walter’s Towing. I hereby request restitution by the City of Tonawanda for the towing fee, unjustified towing fee. The city attorney suggested we seek restitution from Nicole Saratori who took down the “No Parking” signs the morning of Wednesday 7/17. That’s a little kind of stretching it. They said they put the signs up and to seek restitution from her when the police said they put up the signs. I’m a little bit more applicable to try to do that. Thank-you very much.

Council President Koch- As I had stated before this is a legal matter. I would encourage you to work with the city attorney. The council does not have the authority to give restitution. I have spoken with the Police Chief. I have spoken with the towing company. I spoke with you as well. I think a happy medium would be to work through the city attorney for a possible resolution. Okay, thank-you very much. Any other comments or questions?

Dennis Fry, 76 Mosher Drive- I wasn’t going to bring this up again I did it at a previous meeting but dealing with the overnight parking. It’s not just a personal issue. Obviously, my garbage day is Monday so that next night is supposed to be when the street cleaner comes around. I live in a court, a circle and it hasn’t been done all year long. It’s not the DPW’s fault. I’ve talked to Joe at the DPW. I understand that he doesn’t like it. He doesn’t like the cars on the street. The circle is not a street. It’s not as big as a street. The street cleaner can’t get around to do it. So, I personally sweep the street in front of my house. I don’t have a problem doing that but you raised my taxes $450.00 and I got to sweep the street in front of my house and clean the storm drain out from the helicopters. Because as far as I’m concerned and I think you all are familiar with this, this issue was done because of some complaints that people had parking problems on Young Street. You changed the rules for the whole city. Do you ever at all say to yourself when you’ve done something maybe this was a dumb idea, maybe we should go back to the old way? Because when I go down the streets now I can see where the street cleaner goes around cars all night long. So, half the city gets cleaned and half doesn’t. If I’m wrong correct me I think the Police Chief when this thing was passed he didn’t like it either. He liked the cars off the street it helped him out. If I’m wrong I correct myself. But, do we ever correct the problem or do we look at the results of it and say is this really a good idea? Because as far as I’m concerned as soon as you change the date all them people pull their car in so they have a place to put them. I hate to say because they’re too lazy to get out there and pull their car in. The issue of relatives coming in out of town or having their driveway blacktopped or something I call the police department when we used to not be able to park in the street. I gave them my plate number and told them I had my driveway done. They didn’t ticket me. They were able to handle that kind of issue. It’s just something that I think should be addressed. I have followed when I’m not here online. I look there is something that is going to happen at the railroad crossing for your bike path. I don’t like to talk when the Mayor is not here because I know he loves his bike path. He thinks they are the greatest thing since sliced bread. Somebody is going to get hurt there. I stopped at the police station yesterday and talked to an officer and asked who has the right of way? He said if they are in the crossing they do. But when I’m going along and nobody’s there and the other day I go by there and some guy stops and flips me the bird. If my wife wasn’t in the car I would have stopped and got into a big “brewhaha”. But that’s terrible. There’s no vision there. The shrubs along there, somebody is going to get hurt. A lot of the bicyclists they are some of the rudest people there are as far as I’m concerned. They think they own the road. Until they start paying a $100.00 registration fee, I’ll slow down but I will go through as long as nobody’s there. Something has to be looked at. You should charge a fee for them not for us. Thank-you.

Council President Koch- Thank-you for your comment. I would encourage you not to get into any “brewhahas” but it is something that the Traffic & Safety Board is looking into, okay? I will take your comments regarding overnight parking in advisement. Any other comments or questions?

Natalie Owens, 104 Ilion Street- I was a bicycle rider years ago in Colorado. I loved it. There is a Stop sign when you’re walking on the bike path that the people and the vehicles have to stop. The bicycles have to stop and they should be stopping at crosswalks downtown too and stopping at the stop signs. They are not doing that. They are just racing right through. We need to have some bicycle law. I think Buffalo needs it too as far as setting up bicycle laws or if we have to charge a licensing fee like they did in Coloardo. That we should do in order to get bicyclists to follow the rules of the road. And be on the right side of the road going with traffic. A lot of times they are not doing that either and sometimes on both sides. That’s it. The bicyclists are supposed to be stopping when they cross over or any of those other places. There is a Stop sign there.

Council President Koch- Any other comments or questions?

Debra Airth, 387 Fletcher Street- Is it my understanding or can you straighten this out for me the Common Council I have never been into politics but I got myself in here. You make the decisions on how the city’s money is spent?

Council President Koch- Yes.

Debra Airth- How do we get something on as a …

Council Presdient Koch- Budget item?

Debra Airth- Maybe a budget item but not something that is going to reoccur. Are you familiar with my situation? I think you might have been brought up to terms. No?

Council President Koch- To a degree, I would rather you not.

Debra Airth- Well, I would just like to ask if the City whether, what happened is my son’s name has been associated with a rape case in the City mistakenly or vindictively I don’t know which. But I know that they are unwillingly to do what it will take to clear my son’s name. My son is now deceased. He was never in this city in 2016 when he was accused of or his name was mistakenly put down on a police report calling him a rapist of an underage child. Now, the police department has released underage child rape victim information to me personally by mistake showing more incompetence. Now, I would like the City because they refuse to do anything to remove my son who died last year of a drug overdose. He was not a rapist! He was a good boy. My son with his three year old daughter (inaudible) He was not a rapist! I want my son’s name removed from this police report and I would like to ask the City with all due respect to pay to have the Supreme Court get involved and get this off my son’s record. Mr. Rua told me that the only way to get it off is to petition the Supreme Court and I would like the City of Tonawanda, I’ve been a resident here for twenty some years, I have two properties, paying school taxes every year for the last twenty years for two properties and my son was thrown out of school the first week we put him in this school in the city for ten weeks. He was suspended. He was an “A” student when he came to the city. He was thrown out of the school. I’ve been paying taxes ever since and with that we didn’t even use the schools.

Council President Koch- Okay.

Debra Airth- He never went back to school after that. He was an “A” student when he left St. Amelia’s. I put him here and had to pull him out because his father was an alcoholic drunk. He didn’t have a father growing up and this police department has abused him several times. I would like to request the City to pay the Supreme Court fees to have my son’s name removed from these reports which I have spoken to the witnesses and they said they never gave my son’s name. The name was David Arcy not David Arith. They knew both boys. They had pictures of both boys and they did not do Police 101 and show the girl the pictures. Thank-you.

Council President Koch- Okay. So, first we express our condolences to you and your family. Secondly, I understand you’re very passionate about this and I would be the same. I would encourage you to continue to work with our city attorney. I know the city attorney has given you some advice on how to proceed. I’ve learned a lot about police reports. I know within the past few months they cannot be changed or re-tracked or they can’t be changed. (Interrupted)

Debra Airth- On the contrary Mam. They did change it. It was changed.

Council President Koch- Just let me finish because I gave you courtesy to address the council. I am just going to tell you to work with the city attorney. We have a city attorney. We have a deputy city attorney to advise on legal matters. This is a legal matter. You would have to work through our city attorney. If you have a personal attorney, your personal attorney can call our city attorney and they can work through that together.

Debra Airth- One more question Mam, is it the intention to prevent a lawsuit or just tell the person to go ahead and sue me?

Council President Koch- I was not present for any conversation.

Debra Airth- That was Mr. Fred Foels. Thank-you.

Council President Koch- I would just appreciate that you don’t interrupt me and I’m not going to interrupt you, okay? So, I wasn’t present for any conversation. You have spoken with a councilmember. I wasn’t party to any of those conversations. I do however though take offense that the City where you said the City hasn’t done anything. I know one of our council members has reached out to you numerous times. You had a discussion with them. I know our city attorney has met with you. So, I just wanted to put that comment back on record. So, again you have to work through our city attorney whether you have a personal attorney or not. You would have to work through our city attorney, okay?

Debra Airth- It took me three months to see our Mayor who is part-time and doesn’t have time. He has time to pull a man across the bridge for Canal Fest and he didn’t have time to see me. Mr. Foels told me he is so busy because he is a captain now and couldn’t see me. I don’t want to cause a scene here. I just want action done. I know everybody’s taking about it (interrupted)

Council President Koch- I don’t want you to cause a scene either. I don’t want you to cause a scene either. So, what I am again going to tell you to do (interrupted)

Debra Airth- You don’t need to repeat what you said.

Council President Koch- Thank-you. Any other comments or questions?

City Treasurer Joseph Hogenkamp- I got to make a comment and just go on record with this resolution that you’re voting down and the power to override the tax cap. I think I’ve tried to articulate it to you over the years; you’re tax levy last year was about $13,000.000, 2% of that is $260.00. I hope we are all prepared to keep our tax levy limit under $260,000 because you’ve got wages that are going to go up more than that. I’m going to be on point to say don’t compromise the finances of the city in order to keep this thing under 2%. Be prepared to make tough decisions. That’s a tool in your tool box. I think you should have put through the first meeting of the year. I told you that. This is where you’re at now, alright?

Council President Koch- Thank-you Mr. Hogenkamp. We will be working with you and the department heads and the Mayor to figure that out. Any other comments or questions?

COMMENTS BY THE COUNCILMEMBERS AFTER RESOLUTIONS

Councilmember Newman- On August 10th, Senator Jacobs is holding a electronics recycling event again. Get there early; it’s a long line pretty early. They will take pretty much everything you have. That’s all Madam President.

Councilmember Kammerdeiner- Nothing new to report.

Councilmember Young- Thank-you Madam President. I would just like to comment on what Chaplain Miles said. You are absolutely right. We’ve got to start being nice to one another in this country. It’s terrible what happened. I don’t know what the answer is. It’s got to stop. And like you said, it could very well happen here. Unfortunately, what happened to that gentleman on Grove Street was terrible. It just shows you there’s no respect for one another anymore. We got to change that.

Councilmember Mileham- Nothing tonight thank-you.

Council President Koch- There’s a school supplies drive on August 22 from 5:00 P.M. to 8:00 P.M. at the high school. I want to thank the council and the school board and the T.E.A. will all be there. They will all be there so stop by the parking lot between 5:00 P.M. and 8:00 P.M. I want to wish a happy belated birthday to Chief Strassburg and a happy birthday to his puppy. It was all over social media that his dog celebrated his first birthday. Last week the Historical Society, the Mayor and I received an e-mail with photos from the Preston Niland Memorial which is in Normandy. I want to thank Skip Johnson and the Historical Society for all their work in making sure that those photos got there. I wanted to let the community know the museum is free for all the residents of the City of Tonawanda. Please go and check it out. I had an opportunity to visit the museum and it’s absolutely beautiful. So, if you go you just have to show your identification and there is no charge. The council will be meeting in the back with Chief Stuart. Thank-you for coming and have a good night.

ADJOURNMENT

191. By Council President Koch seconded by Councilmember Mileham

Resolved, that this Common Council adjourn until August 20, 2019.

Ayes: Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

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City Clerk

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Mayor

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Date Filed

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