Reorganizational Meeting - Welcome to City of Tonawanda, NY



Council Chambers

Tonawanda, New York

March 19, 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 Dorothea Schweitzer

PUBLIC HEARING – Re-zoning of 190 Minerva Street

Council President Koch- We will start with our Public Hearing regarding the re-zoning of 190 Minerva Street. I would like to turn it over to our Clerk to read the Notice of the Public Hearing.

City Clerk Kossow- NOTICE OF PUBLIC HEARING

HEARING DATE: March 19, 2019

HEARING TIME: 7:00 PM

LOCATION: TONAWANDA CITY HALL

COMMON COUNCIL CHAMBERS

200 NIAGARA STREET

TONAWANDA, NY 14150

APPLICANT; SHARON VISCIANO FINEBERG

40 HAMPTON COURT

WILLIAMSVILLE, NEW YORK 14221

PROPERTY 190 MINERVA STREET

DESCRIPTION: TONAWANDA, NEW YORK 14150

SBL# 39.69-3-2.1

RE-ZONING REQUEST: To re-zone the property located at 190 Minerva Street currently zoned R-C Residential Restricted Business District to zoning classification C-2 Central Retail District. The purpose of the re-zoning is to allow for the building to be used as a banquet facility and commercial photography studio.

Council President Koch- Thank-you Mr. Clerk. We have received three letters from residents in the community who all vocalized support with the re-zoning. We do have the current owner of 190 Minerva Street here. If you want to come up and state your name and address for the record.

Sharon Visiano Fineberg, 40 Hampton Court, Williamsville, NY- I would like to update everyone on 190 Minerva. We’ve come full circle with this property. Our group had great intentions for the building when we purchased it but you know how life gets in the way sometimes. It sure did with this. We appreciate your patience over the years by the neighbors and the council. Now, I am excited to hand over the building to a family who will a positive effect on the community. Their plans are to use the building for a banquet facility and photography studio. They have plenty of room for parking and are pre-approved for the funds to not only purchase the building but also renovate it. It would again become an asset to the neighborhood. I want to thank the Council for all their help in taking the time to meet with me after the last meeting and especially Jenna for always returning my calls even though I’m sure she didn’t always want to even on a Saturday evening if there was a problem. There were a few. I thank –you for letting me speak this evening and I look forward to a positive vote for this re-zoning.

Council President Koch- At this time we will open it up for comments or questions.

Edward Vance, 1 Elmwood Park South- I am diagonally across the street from you. Did you just say that you are leasing this to another entity?

Sharon Visiano Fineberg- No, selling.

Edward Vance- So who is going to own it now?

Sharon Visiano Fineberg- It’s been purchased by Carly (inaudible) Will take care of all the papers.

Edward Vance- Have they done this in the past? Do they have a history? I would like to see what their papers say about them. My concern is that it is a residential neighborhood and it’s a quiet peaceful place a little noisy at times. I don’t want to see similar situations develop where they have DJ’s and Hip-Hop and the gangbangers coming in the city. You don’t’ know you know. I worked in the insurance claim business for thirty-five years and we often found companies that would say they were a “Mom and Pop” restaurant and it turned out there were fights in the bars with bouncers and people were slashing people’s throats and that. So, what they say when they apply isn’t always what happens. So, I just, once they are there, they’re there. That’s why I would like to know if you could get me that information? Can you get me their name and where they’ve been before?

Sharon Visiano Fineberg- They are on Elmwood.

Edward Vance- That’s a long street. I can see you after the show. That’s all I have. Thank-you.

Council President Koch- Thank-you very much. Any other comments or questions regarding the re-zoning of 190 Minerva Street?

Donna Pellitieri, 49 Catherine Street- I don’t have a problem with it as long as it is taken care of. It’s been a mess for the last several years. I mean the lawn is two feet tall before it gets mowed. There’s garbage. I’m tired of cleaning up the garbage next door. People use those garbage cans and keep taking them and flipping them upside down and putting them behind the shed. I’m tired of cleaning up over there. It’s been a mess for years; broken windows, vandals, I’m thrilled that it will be taken care of.

Council President Koch- Any other comments or questions?

Brian Vanderbrook, 23 Catherine Street- My only questions are once it’s sold and it’s going to be re-zoned are we going to know anything about the people that are purchasing it what they are going to do with it? What type of banquet facility or whatever is going in there; capacities, parking and things like that? Are there going to be future meetings or is this decision going to be made and the place sold and we are not going to know much more about them?

Council President Koch- After the Public Hearing the Council will discuss the next action. If it is sold they have to get a certificate of occupancy. They have to do all that.

Brian Vanderbrook- So we’re trying to get it re-zoned so we can sell it? Its’ sold. I’m just concerned about the amount, parking is another concern. Are we going to have enough parking in that lot? I’m aware that I live right there. It’s a big lot but if you overflow it might go up and down the street.

Council President Koch- Thank-you very much. Any other comments or questions? I’m going to ask three times. Any other comments or questions? Any other comments or questions are 190 Minerva Street? I declare this Public Hearing closed.

COMMUNICATIONS FROM THE MAYOR

Letter from Mayor reappointing Andrew Grimaldi as Chairperson to the City’s Plumbing Board with a term to expire on December 31, 2021

Letter from Mayor reappointing David Laures to the Traffic and Safety Advisory Board with a term to expire on December 31, 2022

Letter from Mayor reappointing Susan Gregg as Chairperson to the Visual and Performing Arts Board with a term to expire on December 31, 2021

Letter from Mayor reappointing Robert Gregg to the Visual and Performing Arts Board with a term to expire on December 31, 2021

Letter from Mayor appointing Joan Horn to the Visual and Performing Arts Board with a term to expire on December 31, 2021

Mayor issued and Executive Order 2019 -01 on March 14, 2019 prohibiting trucks from using Young Street

COMMUNICATIONS FROM CITY OFFICIALS AND CORRESPONDENCE

Board of Appeals February 2019 Meeting Minutes

February 2019 Monthly Activity Report of the Fire Department

Memo from Common Council to Mayor regarding comments made at March 5th Council Meeting

Letter to Hudson River Valley Greenway from Council President regarding installation of Trailhead and Amenities

Letter from Tonawanda’s United Veterans Council regarding Memorial Day Observance and closure of Renaissance Bridge

Letter from Council President to City Attorney regarding a Social Media complaint

Letter from the Susan Gregg, Chairperson of the Visual and Performing Arts Board to the Mayor and Common Council regarding raising monies for the Canal sculpture

February 2019 meeting minutes of the Tonawanda Civil Service Commission

Building Inspector Monthly Reports for February 2019

Plumbing Board Meeting Minutes for January & February 2019

Letters to Assemblyman Schimminger and Senator Chris Jacobs from Council President Koch in support of New York Power Authority (NYPA) Bills

2019 Overtime YTD Report from City Treasurer thru 3/21/19

Communication from Treasurer - Comprehensive Revenue and Expenditure Control Report as of March 19, 2019

Letter from Local 859 City of Tonawanda Professional Firefighters to Common Council regarding “No Confidence Vote” declared for Mayor’s Administrative Assistant Chuck Gilbert

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.

Council President Koch- Moving forward Communications from the Mayor have been ordered and filed. The Communications from the City Officials and Correspondence have also been ordered and file. Resolution #71 has been tabled. With that said we will now take comments by the public on the resolutions. Please state your name and address for the record.

Gayle Syposs, 301 Broad Street- On Resolution #71, I understand is being held but just as a point of information I wonder if the City Treasurer could give us an estimate of what you would approximately need to cut from the budget to get under the 2% tax cap?

City Treasurer Joseph Hogenkamp- I went over it kind of real rough in the pre-meeting. I would estimate that your tax cap will probably be around $260,000 increasing the levy. That’s really based on 2% of $13 million that we will go to be raising this to 13 ½ so let’s say its $280,000 whatever that is. You have a payroll that’s probably about $10 million that’s going to increase at least 3% which is $300,000. You have health insurance that is $5 million that you need to increase at least 5%, probably more just to keep up with the pace of inflation and the rising costs of health insurance. So, right there between 250 and 300 and 550 without even talking about benefits that go along with increased salaries. I would say you would easily have to cut half a million dollars without anything changing that is what I would project. That would be a really rough estimate to get under $260,000.

Council President Koch- Thank-you Mr. Hogenkamp. Any other comments or questions on the resolutions? Okay, let’s roll.

MOTIONS AND RESOLUTIONS

67. By Councilmember Newman seconded by Councilmember Kammerdeiner

Resolved, that the Common Council minutes from March 5, 2019 be accepted as filed.

Ayes: Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

68. By Councilmember Young seconded by Councilmember Mileham

Resolved, that the bills be allowed as audited and that the City Clerk draw warrants on the Treasurer for the various amounts.

Ayes: Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

69. By Councilmember Mileham seconded by Councilmember Kammerdeiner

Councilmember Newman- We went round and round about this stuff and finally got all the correct information and Dave did a lot of homework on this. This is something that we would probably have to do anyway down the road. I just assure you that I will not be in favor of a nickel more, so we’ve got to stay within the $450,000 to get my support for this. That’s all I have Madam President.

WHEREAS, a Project for Improvements to the Main/Young St. Corridor. P.I.N. 5763.05 (the Project) is eligible for funding under a New York State Program administered by the New York State Department of Transportation (NYSDOT); and

WHEREAS, a sum not to exceed $450,000 in Program Funding is available to progress the project.

WHEREAS, the City of Tonawanda desires to advance the Project by making a commitment of 100% of the State share of the cost of Improvements to the Main/Young St. Corridor.

NOW, THEREFORE, the City of Tonawanda Common Council duly convened does hereby

RESOLVE, that the City of Tonawanda Common Council hereby approves the above-subject project; and it is hereby further

RESOLVED, that the City of Tonawanda Common Council hereby authorizes the Treasurer of the City of Tonawanda to pay in the first instance 100% of the cost of design and construction work for the Project or portions thereof; and it is further

RESOLVED, that the sum of $450,000 is hereby appropriated from the capital budget and made available to cover the cost of participation in the above phase of the Project; and it is further

RESOLVED, that in the event the full state share costs of the project exceeds the amount appropriated above, the City of Tonawanda Common Council shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the Mayor of the City of Tonawanda thereof, and it is further

RESOLVED, that the Mayor of the City of Tonawanda be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for State Aid on behalf of the City of Tonawanda with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the Municipality’s/Sponsor’s first instance funding of project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is further

RESOLVED, that a Certified Copy of this resolution be filed with the New York State Commissioner of Transportation of the State of New York by attaching it to any necessary Agreement in connection with the Project between the City of Tonawanda and the State of New York; and it is further

RESOLVED, this Resolution shall take effect immediately.

Funding/Fiscal Impact: $450,000 from capital budget

Ayes: Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

70. By Councilmember Mileham seconded by Councilmember Young

Resolved that Travis B. Harroun and Blake R. Boyle be named Commissioner of Deeds for the City of Tonawanda, term to expire December 31, 2020.

Ayes: Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

A motion to table the resolution was made

By Councilmember Kammerdeiner seconded by Councilmember Mileham

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: Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution Tabled

72. By Councilmember Kammerdeiner seconded by Councilmember Mileham

Resolved, that permission is granted to the Tonawanda’s United Veterans Council to close the Renaissance Bridge on Sunday, May 26, 2019 from 11:30 AM until 12:30 PM for the Annual Memorial Day Observance.

Ayes: Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

73. By Councilmember Newman seconded by Councilmember Mileham

WHEREAS, The Hudson River Valley Greenway was a recipient of funding from the Ralph Wilson Foundation, and 

WHEREAS, the City of Tonawanda is entering into an agreement with the Hudson River Valley Greenway for installation of Trailhead and Amenities thereunder the Hudson River Valley Greenway Program for a project entitled Empire State Trail to be located along the Erie Canal at Longs Point, City of Tonawanda, and 

WHEREAS, The City of Tonawanda Common Council has received and reviewed the plans and terms set forth in the agreement, and

WHEREAS, The Hudson River Valley Greenway is solely responsible for all costs incurred in design, construction, and inspection.

NOW, THEREFORE, be it resolved that the Common Council does hereby approve and endorse the Hudson River Valley Greenway Program for the project known as Empire State Trail located within the City at the intersection of E. Niagara St. and Fillmore Ave, and be it further

RESOLVED, that the Common Council authorizes Mayor Rick Davis to execute the EST Tonawanda - Gateway Letter of Intent dated February 26, 2019.

Funding/Fiscal Impact: NA

Ayes: Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

74. By Councilmember Young seconded by Councilmember Newman

WHEREAS, the Historical Society of the Tonawandas, Inc. is a valuable asset to the City of Tonawanda. The Historical Society of the Tonawandas, Inc. preserves the history and memorabilia of the City for its residents; and

WHEREAS, in order to help preserve this historical information for future generations it is necessary for the City to provide a structure for the display and storage of said historical documents; and

WHEREAS, the Historical Society of the Tonawandas, Inc. desires to remain at its present location at 113 Main Street, Tonawanda, New York, 14150; and

WHEREAS, the parties hereto desire to enter into a lease agreement for said real property which will set forth all of the obligations between the parties.

NOW THEREFORE BE IT RESOLVED, that the Common Council hereby authorizes and directs Mayor Rick Davis to execute a ten year lease agreement with the Historical Society of the Tonawandas, Inc. pursuant to the terms and conditions contained in the agreement on file in the City Clerk’s office; and

BE IT FURTHER RESOLVED, that a copy of said executed agreement shall be filed in the City Clerk’s office.

Ayes: Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

75. By Councilmember Kammerdeiner seconded by Councilmember Mileham

WHEREAS, the Traffic and Safety Board has recommended to the Common Council that school warning signs and the placement of a crosswalk would significantly increase the safety of parents and the children who attend Child Creative Development Center at 138 Delaware Street, Tonawanda, New York, 14150; and

WHEREAS, the New York State Department of Transportation has advised the City that as a result of the programs and services provided at this location the area would qualify for such signage and crosswalks.

NOW THEREFORE BE IT RESOLVED, that the Common Council hereby authorizes the placement of two school warning signs at 138 Delaware Street, Tonawanda, New York, 14150, one on the northbound direction of travel on Delaware Street, and one on the southbound direction of travel on Delaware Street; and

BE IT FURTHER RESOLVED, that the Common Council hereby authorizes the placement of crosswalk markings on Delaware Street at its intersection with Fremont Street.

Ayes: Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

76. By Council President Koch seconded by Councilmember Young

Councilmember Young- I would like to thank the Council President a lot of work went into this program. The cost savings for the City after the initial cost of buying all the equipment is going to be $250,000 a year for the City. She put in a lot of time and effort into this so I just wanted to thank you Madam President for what you did.

Council President Koch- Thank-you Mr. Young. Any other comments or questions? Please call the roll.

WHEREAS, the City of Tonawanda has embarked on a project to convert conventional City street lighting to LED street lighting, in accordance with the New York State Smart Street Lighting Program, in order to save taxpayer money, increase energy efficiency and provide increased public safety through better visibility; and

WHEREAS, the City of Tonawanda has reviewed the financial analysis report prepared by the New York Power Authority which shows significant cost savings to the City and its residents; and

WHEREAS, in order to facilitate this project the City desires to purchase certain street lights and equipment from Niagara Mohawk Power Corporation d/b/a National Grid who presently owns, operates and maintains said lights and equipment; and

WHEREAS, the parties desire to set forth in an agreement the terms and conditions of the purchase of said certain street lights and equipment; and

WHEREAS, in addition to the Purchase Agreement it is also necessary to enter into a License Agreement with Niagara Mohawk Power Corporation d/b/a National Grid in order to permit the continued existence and/or new attachment of the City’s equipment to the street lights which are retained by the power company; and

WHEREAS, the parties desire to set forth in an additional agreement the terms and conditions of the License Agreement for customer-owned street and area lighting attachments to the Power Company’s utility poles and structures

NOW THEREFORE BE IT RESOLVED, that the Common Council authorizes and directs Mayor Rick Davis to execute the Agreement for Purchase and Sale of Street Lights on behalf of the City of Tonawanda with Niagara Mohawk Power Corporation D/B/A National Grid; and

BE IT FURTHER RESOLVED, that the common council hereby authorizes and directs Mayor Rick Davis to execute the License Agreement on behalf of the City of Tonawanda with Niagara Mohawk Power Corporation d/b/a National Grid; and

BE IT FURTHER RESOLVED, that the fully executed copies of the above stated Agreement for Purchase and Sale of Street Lights and the License Agreement shall be filed in the City Clerk’s Office.

Ayes: Newman, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

Council President Koch- We will not be going into Executive Session. We will now take comments by the public following the resolutions. Please state your name and address for the record.

COMMENTS BY THE PUBLIC AFTER RESOLUTIONS

Skip Johnson, 87 Niagara Shore Drive- On behalf of the Historical Society of the Tonawandas I want to thank you very much for your vote tonight on that lease. We appreciate it very much. Special kudos to the City Clerk, the City Attorney back there they worked very hard with this and we appreciate it. We have been here for 54 years at 113 Main Street. We looked forward to another 54 and this is just the first 10. Thank-you very much. I’m sure in 54 years I’ll probably still be there answering the door.

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

Denny Angelo, 72 Clark Street- I’m the President of Local 859 Professional Firefighters of the City of Tonawanda. I have a letter here dated March 19, 2019 that I would like to read.

To Mayor Davis and the Common Council,

IAFF Local 859 would like to inform the Mayor, Common Council, and residents of the City of Tonawanda that we have decided to declare a vote of “No Confidence” in the Mayor’s Administrative Assistant, Chuck Gilbert. Mr. Gilbert has stated that he is operating as the Human Resources Officer for the City, but we question whether he has the background or training to operate in such a position. His treatment of two employees, including one who was held out of work by Mr. Gilbert for over 50 days and costing the City over $8,000 in legal fees, show that he is not prepared to handle such duties. Mr. Gibert has also assumed control of the EAP (Employee Assistance Program); his handling of the two cases mentioned above has caused several members to state that they will not reach out to the City for assistance if the need arose based on how those employees were treated.

We also have concerns about statements made by Mr. Gilbert. He has told the Common Council that he has reached out to the unions to sit down and talk about the possibility of opening contracts for re-negotiation, but the unions haven’t answered him back; we have yet to hear from him on the subject. Mr. Gilbert also told a member of another union that “Fire was board to the new Co-Pays”, an idea which he is pushing, but we made no such statement.

Mr. Gilbert has also attempted to put policies in effect that go against L859’s CBA, such as implementation of social media and sexual harassment policies. We are not against such policies, but had explicit language in our contract asking to negotiate these types of policies, which did not happen. Mr. Gilbert’s statement in September of 2017 about making the unions pay for health insurance otherwise he would rescind a resolution shows that he has a history of trying to strong arm the unions of the City of Tonawanda

Local 859 has a history of working with the city and would like that history to continue. Local 859 will continue to have an open door for the Mayor and Common Council to try and resolve any issues facing the city but Mr. Gilbert will not be welcome in any of those talks.

Thank you for listening,

IAFF Local 859

I have made sure you have copies of this letter.

Council President Koch- Mayor would you like to respond? Thank-you Mr. Angelo.

Any other comments by the public?

Dennis Fry, 76 Mosher Drive- Last month or so I read two separate articles on the cost of recycling for different communities with West Seneca being one of them. My question is to you is it benefiting us or costing us money, now, are we paying to recycle?

Mayor Davis- Yes.

Dennis Fry- We are not making any money on it anymore?

Council President- No.

Dennis Fry- My next question would be then why are we doing it then?

Mayor Davis- State mandate.

Dennis Fry- So, you have to do it and its not saving anybody anything. I’m for it don’t get me wrong. I think it is a good idea. As far as I’m concerned I’ll just throw my garbage, my recycling in my regular garbage and is it cheaper?

Mayor Davis- It’s cheaper. We pay about $32 a ton to throw our trash away. We pay about $8 a ton to dispose of recyclables.

Council President Koch- I thought that we broke even on it?

Mayor Davis- Oh, I’m sorry we don’t but it still is a cost to the City because we don’t get anything for it.

Dennis Fry- So it’s a cost for our trucks and our men and that but we are not getting anything back?

Mayor Davis- Correct.

Dennis Fry- That seems a shame. It seems like a lot of labor for nothing. I’m not saying it’s anybody’s fault.

Councilmember Young- Mr. Warthling if we put that in the garbage trucks that would add to our weight that we would pay right?

DPW Superintendent Joe Warthling- Yes.

Councilmember Young- So, in essence we are saving some money even though we’re not making it any sir, again from the recycling if we would add it to our garbage that would up our tonnage and cost us more. I don’t want to say we’re saving but there is ……

(interrupted)

Councilmember Mileham- There is a savings of $26 a ton.

Councilmember Young- It’s $32 a ton and $38 if we were to add that whatever the tonnage would be for the recyclable.

Council President Koch- Any other comments?

Roger Puchalski, 478 Adam Street- I was all set to come and yell and scream about how insane it is to vote on that going over the budget cap because it would be doing the same thing over and over again and expecting a different result. I give you a lot of credit for tabling it. I don’t know why you tabled or for how long it’s going to be there.

Council President Koch- We saw you coming that’s why.

Roger Puchalski- I do have to give you credit. In October, there was a gentleman standing here who said he moved from Amherst and his property taxes doubled when he moved from Amherst to live in the City of Tonawanda. I looked it up this evening. The median income in the City of Tonawanda is half the median income in Amherst. So people are making half the income and paying double the taxes. It’s not something that is sustainable. Maybe it’s the full moon out there tonight I don’t know but I applaud you for not voting to go over the cap and I hope you continue to look for ways to solve the budget issues without going into the taxpayers pockets because there’s people here who cannot afford to keep paying these property taxes. Thank-you.

Council President Koch- Thank-you Mr. Puchalski.

COMMENTS BY THE COUNCILMEMBERS AFTER RESOLUTIONS

Mayor Rick Davis-Thank-you Madam President. This Thursday we have a Public Hearing on the Dock Expansion Program here at City Hall at 6:30 P.M. I hope everybody will be able to attend. As Chairman Stevens indicated the signing Tri-City Charter I want to thank my Administrative Assistant for spearheading that and my office along with Mayor Pappas and Supervisor Emminger of the Town for their support. I want to thank Chairman Stevens for wanting to Chair that committee between our three municipalities. I look forward to working with them all on trying to better the quality of life of all our residents. I’m going to read a letter here that I’m going to give to the Council tomorrow morning. I’m not going to read the whole letter. I’m just going to read the bits and pieces of it but it indicates to say that I’m disappointed in the events that transpired at the March 5 Council meeting. I would like to give the Council a little background on the union issues my office has been dealing with for the past year. It’s no secret at times tensions between the unions and the City can become cantankerous. While a vast majority of our city workers do their job well we had issues with a small handful of workers nit-picking their contract. This has caused the City to reciprocate which just puts some workers in the middle of it. I have already asked department heads to meet with union representatives to ask them to police these issues before they become problems. To say of my Administrative Assistant Mr. Gilbert to have harassed any city worker is flat out wrong. I take any form of harassment seriously and history has proven it time and time again that I defend the work of our city employees both at Council meetings and on Social Media. The only thing Mr. Gilbert is guilty of is supporting department heads and denying these grievances. To date, my office has received zero harassment complaints about Mr. Gilbert or any union grievances dealing with the same. Which is the right of any city union under the respective CBA. I find that odd if this was such a problem. The fact that Council allowed the discussion of personnel at open session is troubling. What’s even more troubling is the fact that some council members were not interested in getting any of the specifics or facts associated with this because it fit their narrative to try to eliminate my Administrative Assistant. Mr. Gilbert has a whole has done a wonderful job becoming my assistant. As some of you may or may not know, when my first choice fell through to replace Charlie Rech, Mr. Gilbert offered to take the job and I gladly accepted his offer. The actions of the Council that evening also undermine our department heads ability to lead their respective departments and discipline city workers. Those actions could also have affected Mr. Gilbert’s business and his ability to provide for his family. That is not acceptable. When I get to some of Councilman’s Newman’s comments and I chalk most of them up to the infancy of him being in his position. You know to blame my office for a $600,000 overspend on the budget last year on a dorm size refrigerator. I know that’s just Mr. Newman playing political games but what it isn’t political games is it’s always been a part of the policy in my office that anytime a councilmember reaches out to a department head they courtesy copy me on it. It’s not only common courtesy but it’s also the chain of command. Councilman Newman also spoke about lies coming out of my office without any facts to back it up. I believe you have made one, you’ve reached out to my office on one occasion and I believe I have answered that truthfully to the best of my knowledge so I don’t know where all of this is coming from and I don’t if it is because of election season but what I do know is over the last few months the dysfunction of Washington has been brought to our small city. I think everybody needs to understand what their roles and responsibilities are and let’s not be Washington but the City of Tonawanda. Thank-you Madam President.

Councilmember Newman- I have nothing.

Councilmember Kammerdeiner- I have nothing.

Councilmember Young- First of all I would like to invite residents to go out to 330 East Niagara the former E.B. Trottnow Machine Shop. A company bought it I can’t remember the name? P&D Construction they are putting in some beautiful apartments out there. It’s going to be a wonderful asset to the city these apartments that they are going to put on the canal side. So please, if you get a chance go out and see it. The work is progressing really fast and they are doing a great job. I believe they just purchased $4,000 in permits to do some work so it’s good that we got businesses like that coming into the city. My second comment is going to be unfortunately, I wish this Council could get along with the Mayor’s Office. I have been in here a lot longer than Mr. Newman. Unfortunately, the communication between the Mayor’s Office and this Council stinks to put in bluntly, they stink. The Mayor talks about trying to work together and it’s got to start at his office and work from there. I hope we can do that. He wants not to be Washington, then it’s got to start with his office first. Thank-you.

Councilmember Mileham- I just want to remind the residents that the samples for the new street lights, I hope I’m not stepping on your toes here Madam President?

Council President Koch- You go right ahead.

Councilmember Mileham- If you’re standing in the High School parking lot facing the football field you can tell the difference. The LED lights are to the left of the parking lot versus the regular amber lights on the right side. Maybe it’s my old eyes but they are in three different intensities as you go down towards the park. Go up and take a look. See what they look like. Those are going to be the ones installed throughout the city. Obviously, you won’t have to pick one intensity for the whole entire city. You’ll see as it goes it kind of fades out as you go towards the west end driveway there. So maybe residents can say which intensity they prefer versus ones that would go in a business district. But they do look very nice. That is all I have. Thank-you.

Council President Koch- I want to wish a Happy Birthday to the City of Tonawanda. This month the City of Tonawanda will turn 116 years old. We were incorporated on March 23 back in 1903. So, Happy Birthday! The City will be mailing out your tax bills on April 1 even though the tax rate decreased the tax levy increased nearly 13%, On average a homeowner will see an approximately $290.00 increase to their tax bill. I will say it again; our spending is out of control. The Council is committed to “righting this ship.” It’s not going to happen overnight but we are making strides like tonight with the LED street lights. So, I want to thank my colleagues on the council for their support with this initiative and we will soon transition to LED street lights which is a win win for our community. We will continue to explore opportunities that are not only cost effective measures but also in the best interest of our community. The Mayor at our last meeting mentioned that he has received $30 million in grants. He recently received a grant tracking report from our City Treasurer who received it from Rotella Grant who is our grant writer and it shows since 2014 that number is actually closer to $17.5 million. So, I’m not sure where the $30 million comes from. I don’t know where the disconnect is but I would like to ask the Mayor to supply the Common Council with his report that the City has received $30 million in grants since 2014 so we can review them with the City Treasurer and Rotella Grant Management. Speaking of grants, just last week the Mayor implied to the Tonawanda Sun that he would not enforce the resolution that the Council adopted at our last meeting. The resolution was unanimously passed and it requires that all department heads including the Mayor submit plans and associated costs for a project prior to submitting the grant. The laws that are adopted by this Common Council and all Common Councils are to be faithfully executed by the Mayor. The Mayor has no choice but to abide by the laws that have been adopted by the Common Council including laws that he or anyone in his office may not agree with. There was a resolution on our agenda tonight that has been named the Empire State Trail. I want to thank Dara from the Hudson River Valley Greenway for speaking with me last week and letting me know about the project’s scope, plans, intentions and costs. Our conversation was very valued added and it provided me with the information that I was able to share with my colleagues. For some reason, it was a struggle to get the information from the Mayor’s Office relating to this project. First, the Mayor said the information was already shared with the council but in fact it wasn’t. Then he told one councilmember that they had “no right” to ask for this information and he didn’t have it. Then after it was explained that we never even received the document we finally received our original request and received the plans associated with the grant. For the life of me I cannot fathom why it is such an issue to request information that the Council has every right to receive and should receive in a timely manner. The Council will not blindly approve a project without having the information necessary to make an informed decision. We’re doing our due diligence with each and every resolution that comes across our desk. I want to share an e-mail thread that the Mayor sent to the Council which was directed at one councilmember after the Council was requesting the plans and costs for this project. “At least come back at me with your own originality. I would have a little more respect for you. Some of your answers to your questions mind you were weak after I originally sent out the e-mail were my original e-mail. The other items you have, you have no right to ask for nor do I have them.” He goes on to say, “I’m not sure who died and made you State Comptroller but in the future it may be a good idea to understand what your role truly is in the big picture so unnecessary delays don’t add additional costs to projects.” It took nearly a dozen e-mails to finally get the plans and the letter of understanding that the Mayor had received originally on February 27. The Council never received it until March 11. I’m in disbelief that information is not shared with this Council in a respectful and timely manner. I’m beginning to sound like a broken record up here. We cannot continue to operate in this manner. We are here to serve our community and time and time again members of this Council are met with resistance and disrespect. We are in this together and should be working together. Something needs to change. It’s very sad. I’ll continue to express my concerns both publicly and privately until we see cooperation from the Mayor’s Office. No one deserves to receive correspondences like we have. I just want to piggyback on what the Mayor just said to say that the Council has done nothing regarding the complaints or concerns that were brought forward to our council meeting and that couldn’t even be remotely true. This Council has reached out to those members and asked for a detailed record of those concerns which we intend to forward immediately to your office and the City Attorney’s Office for review. We have a council liaison who sits on the Labor Management. He’s never been contacted for any meeting. We are dysfunctional and we need to change our ways. I’ve said it before and I’ve said it again we’re in the same boat and we got to start working together. But when the Council receives e-mails like this, it doesn’t show that you’re willing to work with us either. It’s frustrating and this Council they work their hearts out. They give it their all. They take time away from their families like we all do. They make $8,500 and what we do is a labor for love and we don’t deserve to be treated like that. With that said, the Council will be meeting in the back with our City Treasurer to go over our Capital Improvements and see what we can do to right this ship. Thanks for coming and have a good night.

ADJOURNMENT

77. By Councilmember Young seconded by Councilmember Newman

Resolved, that this Common Council adjourn until April 2, 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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