Reorganizational Meeting



Council Chambers

Tonawanda, New York

August 17, 2021

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 David Nedell and read by Council President Koch

COMMUNICATIONS FROM THE MAYOR

COMMUNICATIONS FROM CITY OFFICIALS AND CORRESPONDENCE

City Clerk Monthly Report for July 2021

Communication from Treasurer – Revenue & Expenditure Report as of July 31, 2021

Building Inspector Monthly Report for July 2021

Fire Department Monthly Activity Report for July 2021

2021 Overtime YTD Report from the Treasurer thru July 31, 2021

Email from Councilmember Mileham to Mayor regarding Police bulletproof vest and carriers

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

150. By Council seconded by Council

Resolved, that the Common Council minutes from August 3, 2021 be accepted as filed.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

151. By Councilmember Newman seconded by Councilmember Mileham

Resolved, that the bills be allowed as audited.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

152. By Council seconded by Council

Whereas, a Special Events application was received by the City Clerk from Bonnie MacIver-Mariani for Lindsay’s Legacy 5K Run, and

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, all details for the above named event must be coordinated with Captain Fredric Foels of the Police Department, and the event chairperson, now, therefore be it

Resolved, that permission be granted to Bonnie MacIver-Marianni to hold the Lindsay’s Legacy 5K Run event on Saturday, November 13, 2021, starting at 11:00 A.M. and be it further

Resolved, that a Certificate of Insurance naming the City of Tonawanda as additional insured be filed with the City Clerk no later than November 1, 2021.

Council President Koch - I went to High School with Lindsay MacIver and before this evening I reached out to the family and asked if they wanted me to say anything tonight, I did receive a message from Lindsay’s step-father that I just wanted to read to you. Just for the record. The Lindsay’s Legacy 5K run has always been blessed to receive outstanding support from the City of Tonawanda. To the Mayor’s office, the Common Council, the Police, Fire and our Parks and Rec Department and other components of our wonderful City government. The organizers and volunteers of Lindsay’s Legacy, thank you for our good fortune and having your cooperation for this very important cause. Our primary mission has always been to raise research dollars for the pediatric division of Roswell Park Comprehensive Cancer Center while honoring our daughter, Lindsay Rochelle MacIver a Tonawanda High School graduate. For 2 ½ years Lindsay bravely battled Alveolar Rhabdomyosarcoma, a rare pediatric soft tissue cancer, until her passing at the age of 21 on July 21, 2004. Shortly after her death, we soon decided to continue with her fight. The 15th Lindsay’s Legacy run started back in 2005, which resulted in over $200,000 that was donated to the Pediatric Cancer Research. Our string of successful events was interrupted last year due to the pandemic, and we look forward to resuming this November. How it will all take place is subjected to pandemic related concerns but we will do the best that we can while implementing the guidelines set forth by Erie County. Our fingers are crossed for a safe, fun and memorable event. After much deliberation we have decided that this year will be the final Lindsay’s Legacy. Roswell Park has told us that any fundraising event that gets past the 10 year mark is a remarkable achievement. We share that pride with all of you. In addition to our fundraising efforts, we have also achieved some great public relations for the City of Tonawanda since 2005. We have drawn runners form outside of the metro Buffalo Niagara region, participants from Canada, Rochester, Pennsylvania and even from Florida, have enjoyed what is arguably the most scenic 5K run in Western New York. It is pretty hard to beat the view along Niawanda Park on a beautiful autumn day. We would like to thank all of our civic leaders, all of you, the community and everyone who support has made all of this possible.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

Councilmember Mileham made a motion to waive the reading of resolutions 153-156, seconded by Councilmember Newman, all were in favor.

Council President Koch made a motion to amend resolution number 153 to read, for Councilmember David Mileham 6.61 days/month, replacing the 2.17 days/month. Seconded by Councilmember Kammerdeiner, all were in favor.

153. By Council seconded by Council

Be it Resolved, that the City of Tonawanda has established Standard Work Days for Elected and Appointed Officials and will report the following days worked to the New York State and Local Employees Retirement System based on the record of activities maintained and submitted by the following officials to the clerk of this body:

Title Name Standard Term Participates in Days/Month

Work Day Begins/Ends Employer Time (based on

(hrs/day) Keeping System Record of Activities)

Elected/Appointed Officials

City Attorney

S. Michael Rua 7 1/1/20-12/31/23 N 11.34

Deputy City Attorney

Brittanylee Penberthy 7 1/1/20-12/31/23 N 5.39

Councilmember

Dawn Kammerdeiner 6 1/1/20-12/31/21 N 7.28

Treasurer William Reece 7 1/1/20-12/31/23 N 20.0

Councilmember

Thomas Newman 6 1/1/20-12/31/21 N 6.61

Councilmember

David Mileham 6 1/1/20-12/31/21 N 6.61

City Clerk

James Kossow 7 1/1/20-12/31/21 N 20.0

Council President Koch- As I said in the earlier meeting, this resolution was amended, under the days/months column, Councilmember Dave Mileham there is a typo, it should read 6.61.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

154. By Councilmember Rautenstrauch seconded by Councilmember Newman

Whereas, a Special Events application was received by the City Clerk from Courtney Thomasula on behalf of the Tonawanda Cheerleaders to conduct a Car Wash; and

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

Therefore, be it resolved that permission is granted to the Tonawanda Cheerleaders to hold their Car Wash on Sunday, August 29, 2021 from 10:30 A.M. to 1:30 P.M. and that a Certificate of Insurance naming the City of Tonawanda as additional insured be filed with the City Clerk before the event.

Council President Koch - Just for those of you joining us virtually, this resolution is for a special event for a car wash hosted by the Tonawanda Cheerleaders, it will be Sunday August 29th from 10:30 am- 1:30 pm at City Hall.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

155. By Councilmember Kammerdeiner seconded by Councilmember Mileham

Resolved, that the residents of Grove Street between Broughton and Roosevelt Streets be permitted to conduct a Block Party on September 11, 2021 from 3:30 P.M. to 10:00 P.M.

Council President Koch - For those joining us virtually, this resolution is for a Block Party for the residents of Grove Street between Broughton and Roosevelt on September 11 from 3:30- 10:00 pm.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

156. By Council seconded by Council

WHEREAS, the City of Tonawanda has been served with two Article 7 Tax Assessment Challenges it is necessary to employ outside counsel who possess the expertise to properly represent the City of Tonawanda; and

WHEREAS, the City Attorney, after consultation with the City Assessor, recommends that the firm of Bengart & DeMarco, LLP, be retained to represent the City of Tonawanda on the pending Supreme Court actions.

NOW THEREFORE BE IT RESOLVED, that the Common Council hereby authorizes the City Attorney to employ the firm of Bengart & DeMarco, LLP to represent the City of Tonawanda on the two pending Supreme Court Article 7 Petitions (Index No. 809602/2021 and Index No. 810262/2021); and

BE IT FURTHER RESOLVED, that Bengart & DeMarco shall submit monthly invoices to the City of Tonawanda setting forth a detailed description of the services rendered on behalf of the City of Tonawanda. Said invoice shall be viewed and approved by the City Attorney and thereafter submitted to the City Treasurer for payment of the outside counsel fees.

Council President Koch - At the recommendation of our City Attorney, this resolution authorizes our City Attorney to employ the firm of Bengart & DeMarco to represent the City Attorney on two pending Supreme Court article 7 petitions.

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 did have a few things for the pre meeting that we never got to address. A resident did contact me about purchasing a section of landlocked property. He did talk to City Attorney Rua about this so it’s something that we as a Council have to address, and whether or not approve a direct sale or auction however you want to proceed. Because it is landlocked, this property, I would recommend probably a direct sale on this. He did get an assessment from Dave Marrano as well, so he has done a lot of work already. So it is just a matter of formality moving forward. Secondly, this is for Traffic and Safety. Another resident is seriously concerned about the bike path at Cranbrook. Now this has come up a lot in the past, it is kind of a dangerous section, because you kind of come through a bend and there is trees and bushes, and if you aren’t paying attention they will go right across the road. She witnessed an 8 year old almost get clipped because she didn’t even stop. Now, I explained to her how the rules are, but it doesn’t take away that the drivers do have to be cautious coming around that section. I don’t know what we can do about it honestly, I mean you can only out up some much signage, I mean the train bridge kind of says that loudly. I think we need to take another look at the situation. That’s all I have on that. I would like to welcome a couple of new firefighters to our City, Nichole Mallone and Aaron Van Schohooven. Welcome aboard, you are taking part in an outstanding Fire Department. Now on a more serious note, I am asking for the prayers for the Afghan people, especially the women and children, their lives are now less certain in that environment. I would also like to say thank you to all of our troops and veterans who have served in Afghanistan over the past 20 years. If any of you know veterans, I ask that you check in on them please. A lot of our veterans are upset and confused because they ask themselves, was it worth it, was the sacrifice of your family and fellow soldiers worth it. To any soldiers or veterans who are listening, please believe me, it was worth it. Thank you for all your sacrifice, I promise that it wasn’t for nothing, and please take care of yourself and reach out if you need anything. May God bless our troops and may God bless America.

Councilmember Kammerdeiner - I just wanted to give a kudos out to all the wonderful gardens that we have in our City. It was nice to see the turn out this year, it was probably one of the best that they have had. So, I look forward to seeing next years’ endeavor. Maybe next year I will put my garden in there and be a little brave. Thank you.

Councilmember Rautenstrauch - A do have a couple of things for around the room, I will save it for then. Our Treasurer shared with me that he had a intern in, Jacob Neumeister, working with him in the Treasurer’s office, he was a pleasure to have around and that there is a declaration for Thursday August 19 as Jacob Neumeister Day in the Treasurer’s office. He was a senior accounting major at Canisius College. He came in to serve an internship at the accounting office. He works with St. Francis Early Childhood Center. I just want to say congratulations and great job on the work he has done. Just to tie in off of that, Just to say Thanks to our clerks in City Hall for the work that they do, the amount of help they give our residents, many of them go above and beyond to help people out and I don’t think they get thanked enough sometimes for that, and sometimes take a little more abuse then they deserve from frustrated residents, so I just want to say that we support you, and thank you for the job that you do. That’s all I have.

Councilmember Mileham - It has actually been a busy week up in the 4th Ward, the last couple of weeks have been quite busy actually. I have had growing concern about the lack of mowing at Little League, and the 4 foot high grass that is butting up against homes on the east side of Fletcher Street. So, I am going to reach out and see if we can at least get a couple swipes of the lawn mower run up there, just to kind of give a little more of a buffer between the homes and the long grass there. Also, there was a post on Facebook about the corner of Main and Wheeler from a resident, and that issue has been looked into and we are addressing it with our Code Enforcement, it already has been addressed actually, and hoping that the property owners will continue to clean up there and maintain that tree on the corner that was producing a blind spot. Next, I have been getting quite a few phone calls about the rate of speed that people are driving on Rogers, Wheeler, Hackett, Hinds, and I have asked the Police Department for extra patrols up in that area. I just wanted to thank the Police Department for being so reactive to that, they have been sending up extra patrols, I know Rogers Avenue is a big one, especially with the new pavement it looks like a speedway. Some folks are really taking advantage of that. So I would like to thank the Police Department for sending extra patrols up there and hopefully we can curb this speeding that’s going on and there is a lot of kids on that street so I just want to thank them for that. Last but not least, I would just like to mention after having the auditors come in tonight, I want to throw a kudo to the people sitting up here. We did some pretty proactive budgeting, as soon as we saw what was hitting the fan last year. I believe because of that we kind of came out this on the other side in a positive manner, and I think the numbers show that. We spent a lot of time, I believe it was pretty much every week between April and June maybe coming in to work on an amended budget to not have to pass these costs along to the residents. I think next year, that saving realization is going to be seen by the residents. I would just like to congratulate everybody sitting up here for taking part in that, and being so proactive in making sure we were looking out for the residents and doing what we needed to do even though we didn’t know what the resolution was going to be. With that I will end my long winded speech and say thank you.

Mayor Rick Davis - I would also like to welcome our 2 new firefighters to our City, glad to have them on board and looking forward to them having a long successful career with the City. Garden Walk was really nice, on our corner of the City we usually don’t get that many people, because we are the only ones participating. We had over 8 people between, if it was Sharon and Mike Moore territory we would have had over 200, but if you saw their gardens, I would gladly leave my garden to go see theirs. I think it’s a great event, it gets bigger every year, I want to thank our Visual and Performing Arts and all of our residents that opened up their properties for our residents to see their green thumbs. Seeing as though this is the last meeting before the start of school, I want to wish all the teachers and students much success, it is somewhat uncertain 2021-2022 school year, I know us parents are rejoicing. I have 2 more left to get through school, my wife and I at least got through, so I can’t wait for that day. Hats off to the students, hopefully they begin school for the full 5 days this year and I hope everyone has a great year. Drescher & Malecki has been a third party independent auditor for the City for many years, I think they do a fabulous job, first with Joe Hogenkamp and now Bill Reece, the City welcomes them with open arms, and gets them the information that they need to do an independent audit and just to piggyback on what Councilmen Mileham said, I took some heat back in March for some of the decisions I made closing things down, and programs things of that nature, and the Council followed up with the appropriated budget cuts to those lines on the decisions that I made. I think all of us should be proud of what we have done throughout this pandemic, because there really is, I think I have said this before, there is no playbook on how to run a City through a pandemic. Because if there was it would be 100 years old. I think it speaks volumes to people that the residents elected, to be their voice in City government, I am very thankful that I get to sit up here with the individuals that I am sitting up here with. We try to do the best we can to make the best decisions possible for the City to move forward. Last but certainly not least, I would like to congratulate Joey’s Place, I know he has sunk in about 1 million dollars into that building. He closed his location on Hertel Ave. and opened his place here in the City, he has owned the building for a number of years, he has focused his attention on that building, I know the updates he has made to the building, it has caused him a lot of grief with some contractors but, the change is noticeable, and I wish him support moving forward in opening a new restaurant in our City. Thank you.

Council President Koch - A couple of things, I would like to wish a Happy Belated Birthday to our City Assessor, yesterday Dave Marrano celebrated a special birthday, so we hope you had a great day Dave. Porch Fest is happening this weekend, and I want to thank the organizers for coming together and putting this together for another year, I believe there will be maps at City Hall for the homes that will be having artists, so please stop on by on Sunday from 1pm - 6pm. It is always a great event. The Common Council along with the School Board and the TEA are sponsoring a back to school drive on Wednesday August 25th from 5pm - 8pm at the High School. Warriors Wear will also be open, from 11 am – 7 pm. I would like to thank those who have donated to this event so far and stop on down August 25th from 5 - 8 pm with some school supplies. All the donations we receive go to students in our community. Tomorrow is going to be our last Warriors Walk of the season. I know Skip Johnson here, is shedding a tear. It is our 6th season, we did sign Skip to a long term contract. I want to thank Skip for leading us on our history walks, on each and every walk there is something new that I learn, and we continue to grow and grow, I remember the first walk we had about 15 people, we are averaging about 50-60 people now. It is interesting to get to know the people that join us on our walks, we have had some people as far as Florida come to our walks, previously lived in the City of Tonawanda and came on our history walks, Pennsylvania and different counties, it is very interesting and I just want to thank Skip. I know there is a lot of hard work and preparation that goes into these walks, we certainly appreciate you doing that. I am sure we will be back next year for our 7th walk but that’s still to come. I would like to welcome our new firefighters, I wish you all the best, stay safe, stay well, and we have the best first responders, so thanks for joining our team here. I would also like to welcome Joey’s Place to the City of Tonawanda, I have a lot of fond memories of the building, my Dad worked for many, many years at Bedell’s, so I wish Joey’s much success there. On another note, some sad news to share, Tom Stryker recently passed away. Tom Stryker served as our 3rd ward Councilman from 1975-1976, and then he served as Council President from 1979-1982. His service to our community continued as he was a member of our Civil Service Commission from 1984-2008. I just ask that you keep his beloved wife and his entire family in your thought and prayers, and I will be making a motion tonight to adjourn in his memory.

ADJOURNMENT

157. By Council President Koch seconded by Councilmember Kammerdeiner

Resolved, that this Common Council adjourn, in memory of Tom Stryker The Common Council’s next meeting will be held on September 7, 2021.

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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