Reorganizational Meeting - Tonawanda



Council Chambers

Tonawanda, New York

September 15, 2020

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

Present: Council President Koch

Present Councilmembers: Newman, Kammerdeiner, Rautenstrauch, Mileham

Pledge of Allegiance led by Council President Koch

Prayer provided by Associate Chaplain Tim Newman and read by Council President Koch and a moment of silence in memory of former 3rd Ward Councilmember Richard Slisz who had recently past

COMMUNICATIONS FROM THE MAYOR

COMMUNICATIONS FROM CITY OFFICIALS AND CORRESPONDENCE

Planning & Zoning Board August 2020 Meeting Minutes

2020 Overtime YTD Report from the Treasurer thru August 31, 2020

Communication from Treasurer - Revenue & Expenditure Report as of August 31, 2020

Notification from NYS Department of Transportation regarding temporary closure of East Niagara Street On-Ramp to NY Route 425

Received the Financial Statements for the Year Ended March 31, 2020 for the Tonawanda Housing Authority

City Clerk Monthly Report for August 2020

Email from National Grid to the Mayor regarding the National Grid TUA Request

August 2020 meeting minutes of Tonawanda Civil Service Commission

Monthly Activity Report of the Fire Department for August 2020

Referred to the Committee of the Whole

Ordered filed

COMMENTS BY THE PUBLIC ON RESOLUTIONS

No comments

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

132. By Councilmember Mileham seconded by Councilmember Newman

Resolved, that the Common Council minutes from September 1, 2020 be accepted as filed.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

133. By Councilmember Mileham seconded by Council President Koch

Resolved, that the bills be allowed as audited.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

134. By Councilmember Rautenstrauch seconded by Council President Koch

Resolved, that all Tonawanda Housing Authority employees be granted a 3% raise, retroactive to April 1, 2020, and be it further

Resolved, that these increases are subject to the approval of the local legislative body and the New York State Division of Housing and Community Renewal, as governed by Public Housing Law.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

135. By Councilmember Newman seconded by Councilmember Mileham

Whereas, a Special Events application was received by the City Clerk from William Reece on behalf of the Kiwanis Club of the Tonawandas to conduct a Chiavetta’s Chicken BBQ on September 13, 2020;

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

Whereas, the City Clerk polled the Mayor and Common Council for approval of the event due to late submission,

Therefore, be it resolved that permission was granted to the Kiwanis Club of the Tonawandas to conduct their Chicken BBQ on September 13th, 2020 between 9:00 A.M. and 3:00 P.M.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

136. By Councilmember Rautenstrauch seconded by Councilmember Kammerdeiner

WHEREAS, Local Law No. 2 for the year 2020 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, 2021, that requires a real property tax levy in excess of the “tax levy limit” as set forth in General Municipal Law Article 2, Sec. 3-c.

This Local Law is adopted pursuant to subdivision 5 of 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, 2021, that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law Article 2, Sec. 3-c.

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

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

was enacted by a resolution of this body on August 4, 2020; and

WHEREAS, Mayor Rick Davis held a public hearing on September 1, 2020 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: Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: Newman

Resolution declared adopted

137. By the Council seconded by the Council

WHEREAS, the title of this Resolution/Ordinance has been published at least once in a newspaper of general circulation on September 5, 2020, in accordance with Section 2.047 of the City Charter.

NOW, THEREFORE, BE IT RESOLVED, that Chapter 54 of the Code of the City of Tonawanda entitled Streets, Sidewalks and Other Public Places, Article 3. entitled Snow Removal Operations, Division 2. Vehicle Permit, Sec. 54-114. entitled Insurance. -which now reads as follows:

With the application for a permit under this division, the applicant shall furnish the following:

1. A Certificate of Insurance from an insurance company licensed to do business in the State of New York providing a General Liability Policy, in the amount of $300,000.00, listing the City of Tonawanda as an additional insured; and

2. A Certificate of Insurance from an insurance company licensed to do business in the State of New York providing an Auto Liability Insurance Policy with a minimum limit of $500,000.00, along with property damage coverage with a minimum limit of $50,000.00, listing the City of Tonawanda as an additional insured.

All insurance certificates shall contain a ten (10) day notice of cancellation clause directed to the City Clerk. No permit shall be issued under this division without such insurance certificates.

Shall now read as follows:

With the application for a permit under this division, the applicant shall furnish the following:

1. A Certificate of Insurance from an insurance company licensed to do business in the State of New York providing a General Liability Policy, in the amount of $500,000.00, listing the City of Tonawanda as an additional insured; and

2. A Certificate of Insurance from an insurance company licensed to do business in the State of New York providing an Auto Liability Insurance Policy with a minimum limit of $500,000.00, listing the City of Tonawanda as an additional insured.

All insurance certificates shall contain a ten (10) day notice of cancellation clause directed to the City Clerk. No permit shall be issued under this division without such insurance certificates.

BE IT FURTHER RESOLVED, that all other Sections of said Ordinance shall remain unchanged and in full force and effect; and

BE IT FURTHER RESOLVED, that the above amendments shall take effect upon publication of its title in an official newspaper of the City of Tonawanda.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

138. By Councilmember Rautenstrauch seconded by Councilmember Mileham

Resolved, at the recommendation of the City Engineer, Jason J. LaMonaco, P.E., that award of the Phase 8 Sewer Rehabilitation Contract Change Order No. 3 be made to Milherst Construction, Inc., at a CREDIT to the City of Tonawanada in the amount of $162,898.75.

Funding/Fiscal Impact: ($162,898.75) from the Capital Budget

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

139. By the Council seconded by the Council

Resolved, that as a result of the budget resolution which was adopted by the Common Council at the July 7, 2020 Council meeting the 2020 General Fund Operating Budget be amended as follows:

Account Description Adjustment

5110 206 Highways & Bridges - Mech Shop Supplies Add 2,000

5110 403 Highways & Bridges - Lube, Oil, Grease, Fluid Add 1,000

5110 405 Highways & Bridges - Stone, Cement, Sand Add 800

5110 406 Highways & Bridges - Asphalt Add 5,000

5110 460 Highways & Bridges - Lease/Rental Equipment Add 500

1 1120 Erie County Sales Tax Subtract 9,300

Net Budget Effect $-0-

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

140. By the Council seconded by the Council

Whereas, in accordance with the State Environmental Quality Review Act (SEQRA), the City of Tonawanda (City) wishes to establish itself as Lead Agency in the review process for the potential adoption of its Local Waterfront Revitalization Program and associated local law and zoning changes; and

Whereas, the City of Tonawanda Common Council is the entity responsible for approving and adopting any of the above referenced plans, changes or amendments and is the entity responsible for considering any and all of the associated potential environmental impacts; and

Whereas, the City of Tonawanda notified the New York State Department of State (as an involved agency) of the City’s intent to act as Lead Agency for the purpose of this review; and

Whereas, the New York State Department of State did not have any objections to the City acting as Lead Agency.

Now, Therefore Be It Resolved, the Common Council of the City of Tonawanda establishes itself as Lead Agency for the purpose of conducting an environmental impact review for the proposed adoption of the City of Tonawanda Local Waterfront Revitalization Program and associated local law and zoning changes in accordance with SEQRA.

Funding/Fiscal Impact: None

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

COMMENTS BY THE PUBLIC AFTER RESOLUTIONS

No comments

COMMENTS BY THE COUNCILMEMBERS AFTER RESOLUTIONS

Councilmember Newman - I have nothing to report.

Councilmember Kammerdeiner - I have nothing to report

Councilmember Rautenstrauch - I would like to mention a couple of things, One I started out, prior to the meeting and attended the Treasurer’s group meeting, our treasurer Bill Reece has started a community outreach to get an involvement of people. To understand and learn about how the budget works, how it goes to get some input and outreach on involvement to talk about a 5 year plan, kind of on some things that were based on the audit and suggested by the state comptrollers office. I think it’s a great idea, its really a unique idea for Bill to be able to explain it to people, and I think he does a great job, bringing it down to a layman’s level, to make the average person understand it and I just suggest anyone that is interested or wants to have a say in this over the next few years and have an understanding maybe reach out to the treasurer, reach out to the council, the treasurer has made a Facebook page that’s out on social media, I just think it’s a great idea to be involved and understand how it works and what it effects on our day to day. The second comment I kind of want to piggyback on an earlier conversation with the Council and Mayor on Halloween, its coming up in a few weeks its creeping up on us and in this time of COVID and social distancing, we want to look at different ideas, my own neighborhood gets attended by a lot of people, And often over many years I hear from a lot of neighborhoods and the residents, why is everyone going to Elmwood Park. I just want to suggest now to other neighborhoods and other residents in the city especially at this time, please peel some of them away from me, I think this is a great opportunity to reach out to your neighbors, find out who the kids are to make it more acceptable to them and keep it social distant, and that being to I just want to reach out to my neighbors, residents I want to reach out as I see you on the streets I’ll make a facebook post, if you see this as well, please know I am concerned and cognizant of the idea that we, we do face up to 1,000 people in our neighborhood in this time it might be a little to much, as much as we do welcome it and enjoy it. Please reach out to myself, the councilmember’s, give us your opinion, we did discuss to welcome in the Chief of Police and Chief of Fire to come in and maybe have some suggestions on we can litigate this and contain it a little bit better this year especially when it comes to that concentrated area.

Councilmember Mileham - Just very briefly I would like to congratulate the City of Tonawanda school district on their successful opening last week. It was a huge undertaking to make sure the kids are safe and they also had the option for the kids to stay at home. The success of school opening was a testament to the huge collaboration of the administration, the teachers, parents, the community, kids. Having being in the schools I always say Tonawanda is one of the best districts in WNY. After seeing the way they pulled this off the last week or so, that thought is truly confirmed. Congratulations to them and congratulations on keeping the kids safe. It was a little bit eerie being there today and having the halls so quiet. Hopefully this plan doesn’t have kids away from school much longer. What Tonawanda City school district has been remarkable, and I would like to commend them.

Mayor Davis - I would like to just extend my condolences to Slisz family. He served a lot of years in public service and my thoughts and prayers are with them. This morning I had the unfortunate case of driving by the motorcycle accident that was on the 290, and really kind of put things into perspective just seeing what I saw, my thoughts and prayers go out to not only the family of the motorcyclist, but the other vehicles involved in the accident. Their lives are going to change forever too so my thoughts and prayers go out to them. A few weeks back I got myself off of all the City of Tonawanda community pages on facebook. I didn’t like some of the things I was seeing on those sites it really disheartened me and I will be the first to admit I have gotten caught up in the rederick of this election as well, I’m only human, but I think people need to take a step back you are not going to, arguing with a total stranger on social media you are not going to change their mind. You are not going to change, probably anyone’s mind on social media. Maybe focus on the things like your family and your friends that deserve your attention. Instead of mindless sitting on social media and arguing with people, much like that motorcyclist tomorrow is never guaranteed, I ask everyone to maybe just take a break and get on with living as much as we can during this pandemic. Prayers go out to the gulf coast and the west coast. It seems like this year just doesn’t stop and we just passed peak hurricane season and we are just starting fire season out west. Unfortunately, these two phenomenons are adding misery to already strenuous year for people. I didn’t want to end on a sad note, because a lot of my comments tonight are depressing, the Army Corp of Engineer has announced that they have completed their work at the FUSRAP Area. Are will be turning that area over to the Department of Energy for legacy care. Moving forward, and this could have not have been a more perfect example of community involvement with local and county and state and federal government officials coming together for one common cause and that was to clean up an area that the federal government first said that there is no contamination and then they said that there is contamination but its not ours, and then they said well there is contamination that might be ours but it is safe as long as you don’t spend more than 15 minutes on the area, and then to get to the point of where it was cleaned up, it might not have been cleaned up to the standards that we wanted but for the next 1,000 years its an area we don’t have to worry about. That’s my one piece of good news for this evening so stay safe.

Council President Koch - For those that visit City Hall, there is a new drop box right as you enter, feel free to utilize that, I know they check that regularly, Feel free to use that instead of going to the Clerk’s office, we also have the drop box outside that is still functioning, but in addition we have the drop box inside as well. I want to thank the City of Tonawanda Fire Department for organizing the annual September 11th memorial. I had a chance to attend the memorial service in the evening, I want to thank the community who attended both sessions the one in the morning and the one in the evening. It was certainly well attended and we will certainly never forget where we were, what we were doing on September 11, 2001. I would be remiss if I didn’t mention the tax cap resolution that was on our agenda tonight, that is a lengthy process I do commend Councilmember Newman for his stance and voting against that. I understand where he was with the thought process as well. The reality is the Mayor will be presenting his budget, the cities operating budget on October 1st, and that is our opportunity to review that and make proposed amendments. As I always said that’s the meat and potatoes of what we do and I know every person that is sitting up here is focused on doing what we can to keep that as low as we possibly can. I had an opportunity to talk to colleague in another municipality and he asked where we were in the process of adopting the tax cap, and I told him that we were in the final phases, and he shared with me that when they received their budget it is not going to be a pretty site. I do commend this council for being proactive and taking the necessary steps to get where we are, but this resolution is certainly not the end all. it doesn’t necessarily mean that we will exceed the tax cap, however, I am a realist and the tax cap by the comptroller is 1.5%. Given the climate that we are at it would result in significant and drastic layoffs and reductions. So those are conversations the Council, the Mayor and our City Treasurer will be having in October. I am proposing to the Council that we consider appointing a budget committee similar to what we did a few years back, I think it would be very healthy to engage our residents and invite them to be participants of this process, and that they can also see where we are and where we are headed. I do look forward to, I know its cliché, but I do look forward to receiving the mayor’s budget so we can get to work on that. I would certainly be remiss if I didn’t make mention to Richard Slisz and the legacy that he has had within our County and certainly within our City. I was proud to call him a friend, I was very saddened to see that he had passed away and he just did a remarkable job for this city. I spoke to him back in January; it was just nice to hear his voice. Certainly, I would like to close tonight’s meeting and just ask that everybody keep in their thoughts and prayers the family of Richard Slisz and thank you for all you did for our County and for our City.

ADJOURNMENT

141. By Council President Koch seconded by Councilmember Rautenstrauch

Resolved, that this Common Council adjourn in memory of former Councilmember Richard Slisz. This Common Council will next meet on October 6, 2020.

Ayes: Newman, Kammerdeiner, Rautenstrauch, 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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