Reorganizational Meeting - Tonawanda



Council Chambers

Tonawanda, New York

June 5, 2018

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

Present: Council President Koch

Present Councilmembers: Reece, Kammerdeiner, Young, Mileham

Pledge of Allegiance led by Council President Koch

Silent Prayer led by Council President Koch

Youth Board Book Award Scholarship

Recipient

Trey M. Boling

Linda Foels, Youth Board Chairperson - I would like to call Trey Boling up to the front please. He’s an outstanding athlete from St. Joseph Collegiate High School. He has just signed a Letter of Intent to D’Youville College, right? We would like to present him with a book award from the City of Tonawanda Youth Board. So, on behalf of the Youth Board and the Common Council Congratulations!

Council President Koch- Trey what are you going to major in at D’Youville?

Trey Boling- Pharmacy.

Council President Koch-Great, good job! Thank-you Linda and the Youth Board.

COMMUNICATIONS FROM THE MAYOR

Letter from the Mayor reappointing James Holler to the City’s Library Board, term to expire on December 31, 2022.

Letter from the Mayor appointing Charles Rech to the City’s Planning Board, term to expire on December 31, 2019.

Proposal from the Mayor to maintain the Executive Director of Tonawanda Main Street Program.

Letter from Mayor appointing Betty Schaertel to the Housing Authority Board, term to expire February 11, 2023.

Email from Mayor’s Office regarding Downtown Tonawanda Development Survey Results

COMMUNICATIONS FROM CITY OFFICIALS AND CORRESPONDENCE

Signed Petition of individuals against the permanent closing of the section of Young Street, presented to the Council at the May 15, 2018 meeting.

May Minutes Traffic & Safety Board

Building Inspector Monthly Reports for December 2017 & April 2018

Treasurer’s Overtime Report through 5/31/18

E-mail from City Clerk to Byron Schmutzler regarding RC Track at Ives Pond

E-mail from Council President Koch to Mayor Davis regarding ADA compliance requirements for handicap parking spots as it relates to city owned parking lots

Clerk’s Report for May 2018

Letter from Council President Koch to Craig Schwalm, President of Acacia Park Cemetery regarding conditions of grounds and headstones

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

139. By Councilmember Mileham seconded by Councilmember Kammerdeiner

Resolved, that the Common Council minutes from May 15, 2018 be accepted as filed.

Ayes: Reece, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

140. By Councilmember Kammerdeiner seconded by Councilmember Reece

Resolved, that the residents of Harriet Street between Delaware Street and Young Street be permitted to conduct a Block Party on Saturday, August 11, 2018 from 11:00 A.M. to 9:00 P.M.

Ayes: Reece, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

141. By Councilmember Young seconded by Councilmember Kammerdeiner

Resolved, that Samuel Scinta Jr., 221 Niagara Street, Kayli-Ann Newman, 226D Gibson Street and Keenan Newman 324 Utica Street be appointed Commissioner of Deeds in and for the City of Tonawanda, term to expire December 31, 2018

Ayes: Reece, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

142. By Councilmember Reece seconded by Councilmember Young

Whereas, a Special Events application was received by the City Clerk on May 14th, 2018 from the Inner Harbor Yacht Cub for their IHYC Anne Meyer Memorial Boat Blessing, 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, 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 Inner Harbor Yacht Club to conduct their annual Blessing of the Boats on June 3rd, 2018 between 11:00 A.M. and 4:00 P.M and said event was coordinated with Parks and Recreation Director Amanda Lofft and Captain Fred Foels.

Ayes: Reece, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

143. By Councilmember Reece seconded by Councilmember Mileham

Council President Koch- I have a comment. As of yesterday we have sixteen vendors that have signed up. The Market Manager will work a total of six hours a week.

.

Resolved, that the part time seasonal position of Market Manager be established effective May 6th, 2018 at an hourly pay rate of $12 per hour.

Ayes: Reece, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

144. By Council President Koch seconded by Councilmember Reece

Council President Koch- Just mark your calendars for our meeting in July. They will be July 3 and July 24. That’s it.

Resolved, that this Common Council will conduct their second meeting of the month on July 24th instead of July 17th due to Canal Fest.

Ayes: Reece, Kammerdeiner, Young, Mileham, Koch

Nays: None

Resolution declared adopted

COMMENTS BY THE PUBLIC AFTER RESOLUTIONS

Dennis Frey, 76 Mosher Drive- I’m the individual from the last meeting that had a little misunderstanding at the end of the meeting. I apologize for my part for the misunderstanding. I would also like to say that both my councilmen and Jenna contacted me personally and worked out the issue. I appreciate that. The issue I wanted to bring up is that you have a problem; I guess we have a deer problem and it’s not going to get any better its going to get worse. I’m the kind of guy that doesn’t want to read the sports page but I would rather be outdoors. I enjoy hunting and stuff. This isn’t an anti-hunting thing, it’s a safety thing. It’s an inconvenience. I spend money every year spraying my shrubs, covering them up, you don’t know people don’t think there are as many as there is. A month ago I took a walk over to Two Mile Creek. In an hours time I counted twenty-five deer. I had my wife’s grandsons with me which is even harder. So if I seen twenty-five deer there are at least. There were four dead carcasses. I found the coyote den where they had been dragging the carcasses back to. You’ve got coyotes there whether you want to believe or not. People that have small dogs and cats keep them locked up. But it’s just that there not all through the winter at Spaulding. There’s a herd of ten to fifteen that stay here all winter. They come into my yard all the time. Two weeks ago I said to my wife look in the backyard there was a deer laying there in the back of my yard. I got up and walked up to her within ten feet. That’s not normal. They are so accustomed to us now. They don’t care. My neighbors all have dogs and they bark and they don’t care. They come in. The neighbor across the street from me the guy says what about my shrubs; I said if you don’t cover it up they are just going to eat it. I know of two people that have already hit deer on Hackett. It’s not going to get better. In about three years time I would estimate just from what I know about deer we will have at least a hundred deer. Every time the Town puts another building in the flats or Solar Park or if we build on Little League Drive. You’re just taking more and more food away. When I took that walk back into Two Mile Creek they devastated that all the food there is there for them. I know because I enjoy doing that. They are eating stuff; they come into my yard during the summer and my neighbors’ not just me. Last year my wife said “What happened to my planter?” I go out and look at it, they ate all the flowers off of it. This is in the middle of summer. I’ve lived in this city for four years and I haven’t seen deer in the past thirty years. In the last ten it just blossomed. I’m sure your aware if you read the paper that N.T. had a bait and shoot over there. They kill deer. Clarence and Amherst still does it. Just this past week when I was on the Youngman there was a dead deer right past the Colvin exit. Because there is a little herd that stays right in that cemetery. I f you get up on there and look at them you will see them all during the winter and all year long. It’s going to get worse and it’s funny I’ve been thinking about this since two weeks ago there was an article on one of the talk shows and they were talking about Lyme disease and the problem is going around and ironically this week in the paper in Buffalo. It is a really good article. The Lyme disease is getting very serious. They did a survey and just to make it real short half of the adult ticks that they found had Lyme disease in them. It’s very high but we are lucky it’s in the eastern part of the state and that’s the worse population. There is a website that breaks down each county and the percentage where they have done checks. Right now, we are at the low end which is good. This article says they are coming. New York is the number third in the nation in Lyme disease cases. New York and Pennsylvania are the two worst states. It’s pretty hard to diagnose and when you get it, it can be pretty painful. We are getting to the point when the deer and staying and laying in your yard and all. I’m getting to the point where I’m going to have to put insect repellant on my grandsons when they come over. I’m just saying it’s something to look at what other communities are doing. Even if you don’t know this, Grand Island, my son who lives on Grand Island they still hunt there. I’m not saying that is what I am looking for but that is what is keeping even though they have a lot of new developments that keeps the herd down. It’s their way but I am sure that will stop someday. It’s just an issue I think you should look at and address. The safety part and the stuff they are destroying in our yard. I forget I don’t plant tulips anymore because that’s one of the things I eat.

Council President Koch- So I know there’s a three minute max and I kind of let you go over that. But, I want to thank you for your comment. If you could leave the article for us we will definitely share it with everybody.

Dennis Frey- I wish you would because it is very interesting and it’s not going to get any better.

Denny Angelo, 72 Clark Street- I’m the president of Local 859 of the firefighters here in the city. I will kind of give you a little background for the new council members. Back in 2016, we had two guys retire towards the end of the year, dropping our number down from 24 from 26. In 2017, the City decided not to hire two firefighters and we ran into a problem with the overtime. The overtime skyrocketed. At one point, the Mayor was going to stop hiring the overtime vacancies. With that being done and said, the union met with the Mayor because we were concerned about the risk to our residents. We sat down with the Mayor and came up with an agreement where we turn in some personal leave days and save the City $15,000. Going into this year’s budget we were slated for $200,000. The Fire Chief requested $258,000. According to our contract it should be almost $283,000. Again, we are going to run into another problem so we sat down with the Mayor in January and talked to him to see what we could do about it. He told us to go ahead and approach the council. On February 6, I sat down with the council and presented you guys with a packet the union was offering concessions. We talked about possible revenue and from there you guys had your meeting and went back to the Mayor and the Mayor had his Administrative Assistant meet with us three times. Unfortunately, we have been able to get nowhere with this. We got our numbers down to where it would cost the City $24,000 to hire two firefighters with the concessions and stuff. Even though the City Treasurer disagrees with those numbers he’s going off the fifth year step rate instead of the first year step rate. Not once have I heard from any councilmember on a phone call or e-mail asking what kind of revenue can be brought into the City or what can we do to get this problem solved. To me, I don’t think you guys really care about the safety of the residents.

Council President Koch- Okay, I have to disagree with that.

Denny Angelo- You can agree or disagree that’s fine. The Fire Chief put in for a Safety grant to hire two firefighters. I’m asking each one of you members if we get that grant approved are you guys willing to put them two firefighter on? Mr. Reece? Are you in favor?

Council President Koch- First of all what we will do is take your comments and the council will discuss it. We have a council liaison Mr. Young. He would be more than happy to share the council’s feedback. We are not taking a vote on it.

Denny Angelo- So, I can’t ask each individual if their in favor of…

Council President Koch- You can but we are not taking a vote on record.

Denny Angleo- I’m not asking you to vote. I’m asking if he is in favor of it.

Council President Koch- You can certainly direct …

Denny Angelo- Are you in favor if we get that Safer Grant to put two firefighters on?

Councilmember Reece- I would support it.

Denny Angelo- Dawn I don’t want to mess up your last name. Would you be in favor?

Councilmember Kammerdeiner- The same thing.

Councilmember Young- I told you from day one that I would hire firefighters in any way possible.

Councilmember Mileham- I would support it.

Council President Koch- I e-mailed the chief and told him we were in support of him going ahead with the grant.

Mayor Davis- I was the one who applied for the grant.

Denny Angelo- There have been rumors floating around that you guys were in favor and also rumors that its not going to go. Now what is going to happen if we don’t get the Safer Grant? I heard that you put a directive out to the Fire Chief once we hit 60% of our overtime budget the vacancies are not going to be filled. Is that true?

Council President Koch- Is that question directed to me?

Denny Angelo- To the Mayor.

Mayor Davis- That vacancies won’t be filled?

Denny Angelo- That you put a directive out that once we hit 60% of our overtime budget that you are not going to let the vacancies be filled.

Mayor Davis- That’s not true.

Denny Angelo- That’s a good thing. Now what’s going to happen, right now we’re probably a little over 40% of our budgeted overtime by the end of July I guarantee we’re going to be closer to 70%. What’s going to happen when we run out of our overtime money again? You got to do something. Going into next year’s budget Mr. Hogenkamp has already said if things stay status quo the way it is we’re going to have to add another $100,000 to the budget.

Council President- Mr. Angelo I’m going to tell you the same thing I told Mr. Frey. There is a three minute max and I kind of let you go on a little bit but I’m just going to ask you to wrap it up.

Denny Angelo- I can come back up right?

Council President Koch- You’re allowed three minutes. Any other comments or questions?

Carol Ann Rowling, 181 Utica Street- Unfortunately, no one is here from the DPW. I do want to say I’m impressed with the work that the DPW and everybody did on Delaware. It was a very nice job and all the approaches were really done nice. That’s says a lot for the DPW they did a very good job. I do hope that there is going to be more Police presence and radar and stuff on Maldiner because with people going through there it’s like a racetrack and all the streets going east and west. Mr. Reece can probably see what is happening on his street. Because everybody is flying through there and something is going to happen. We need to curb that. The street sweeper person is going down the street but lately with all the whirly-birds and everything that is on the street he does his thing on our street usually Thursday night but this last week it was Friday. But Saturday morning or Friday morning the stuff is still laying there. I thought it was his job to sweep that stuff up. In the Parks department is also another kind of violator of throwing all the grass and everything into the street which the whirly-birds and some of the grass into the storm sewers which they should no better to begin with. Also, just a question, this is a good question, I’m wondering is I can’t remember the girl’s name or the woman’s name that is in the Parks Department. I’m wondering if the golf tournament for the Glory Be to Kids is going to be again this year.

Council President Koch- The Golf Tournament?

Carol Ann Rowling- Two years ago they had a Glory Be to Kids golf tournament at Deerwood. It was a hoot! But it was for the kids.

Council President Koch- I believe that is still on.

Carol Ann Rowling- Really, I would like to know when?

Council President Koch- You can call Mandy Lofft at 505-1172 and you call her and get the specifics.

Carol Ann Rowling- Thank-you.

Council President Koch- I just want to tell you that technically you are only allowed to speak once.

Councilmember Young- We should let the union rep speak.

Denny Angelo, 72 Clark Street- If it gets to the point where we are well over budget again and you have been on record Mr. Mayor that we will not run with less than five guys. Is that going to be the same story?

Mayor Davis- I didn’t say that.

Denny Angelo- You never said that? They don’t have that on Channel 4? You never said that on Channel 4? Let me talk to you before and get the report.

Mayor Davis- Three years ago?

Denny Angelo- Yes, you said never.

Mayor Davis- You can get it but I’m not number one sit here and get into what ifs and everything else. Number two, I don’t negotiate in public so any of these (interruption)

Denny Angelo- We’re not negotiating.

Mayor Davis- Any of these questions, what’s that?

Denny Angelo- We’re not negotiating. I’m asking if you are going to drop us down to four or are you going to keep us (interruption)

Mayor Davis- Regardless of what I said I can get a directive from the council telling me to do otherwise. It doesn’t matter what I said.

Denny Angelo- Thank-you.

COMMENTS BY THE COUNCILMEMBERS AFTER RESOLUTIONS

Councilmember Reece- I would like to take this time to thank Mr. Angelo for his comments. I know we all respect what the Fire Department does here and the Police Department. We will work with the Mayor this year to work try to work through the problems that we see in the contracts when it comes to us in the fall. I did speak to the Police Chief on Maldiner already and I know the Mayor and his assistant have also. We’re looking at speed all through Delaware and Maldiner and Cranbrook with the bikes. It is something we are looking at and trying to get the speed trailers where we can. It is a concern and also please people if you see barricades up don’t drive around them please.

Councilmember Kammerdeiner- I have exactly the same thing that Bill just said. Don’t drive around the barricades. Thank-you.

Councilmember Young- I would also like to thank the DPW on the outstanding job paving Delaware Street. It’s looks wonderful and it’s great. I would also like to thank, I got some concerns for potholes all over the city. There were some nasty ones on Kohler Street between Morgan and Broad Streets they did a great job in taking care of it. Thank-you very much.

Councilmember Mileham- I would like to thank the DPW for hurrying up and patching a huge pothole that was a problem on Rogers. If you were driving on residents lawns to get around this and they went up and patched it within a day. I would also like to thank the Police Department. I pick up my daughter everyday at Riverview School and you’d think Tayolr Drive was a racetrack the way people drive down that street it’s unbelievable. So, today they put the trailer out and the Police Chief told me they would be setting up police up there to watch that especially during dismissal time. I appreciate that. That’s about it.

Mayor Rick Davis- Thank-you Madam President. I would like to thank Senator Chris Jacobs for his $20,000 grant. That will help go towards spending SRO in our city schools. Years ago both the city and the school district saw a need to have a police officer in our school. Now, a lot of communities and districts are scrambling to try to find the money and the people to put into our schools to keep them safe. Our City had the foresight years ago to do that. So, thanks to Senator Jacobs for coming through with the additional monies. Food Truck Thursdays starting this Thursday from 5:00 P.M. to 7:00 P.M. and also the Peddle Party at the Eldredge Club on June 16 from 6:00 P.M to 9:00 P.M. The fishing derby this Saturday put on by John White. It is a great event for the youth in our city. That is all Madam President.

Council President Koch- I want to thank Mandy in the Parks Department and Rec Department for putting together the Summer Guide Book. It was delivered to your homes. I know there are copies available at City Hall if you haven’t received one stop by and pick one up. I want to give a shout out to Skip Johnson standing in the back there from the Historical Society for leading the charge for our kickoff Wednesday Warrior Walk. Just a reminder we walk through the areas of the city and do a little history of it. Our next walk is scheduled for June 13. Congratulations to Trey Boling on your award tonight. I want to wish you all the best at D’Youville. The Fireman’s Day Parade is next Saturday so please stop on out. I think the council is going to be throwing the good candy this year. I want to wish all the fathers and grandfathers out there a Happy Father’s Day!

I hope you certainly have a special day. I want to give a special thanks to Jeff Marion from Amherst the attorney there that stopped by and met with the council and talked about the opiate and what their community is doing to combat that. We look forward to having future discussions on that. Also, a thank- you to David Stapleton and his attorney who met the council before our formal session. He updated us on the plans, so I want to thank him for that and thank him for listening to the community and accepting their feedback. Just last I want to thank Mr. Angelo for coming up and speaking. I respect your comments. What I won’t tolerate is a comment that none of us sitting up here care about the city or the safety of the city. Many of us have a proven track record of supporting our first responders and certainly we are not going to waiver from that. But, that comment is just little off base. We have a retired fireman up here, we have a volunteer fireman, certainly our heart and soul relies on our first responders. I just want to make that perfectly clear. I would like to make a motion to adjourn.

ADJOURNMENT

145. By Council President Koch seconded by Councilmember Reece

Resolved, that this Common Council adjourn until June 19, 2018.

Ayes: Reece, 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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