THE HONORABLE BODY
Council Chambers
Municipal Building
North Tonawanda, New York 14120
Tuesday, October 7, 2008
6:00 P.M.
_____________________________________________
REGULAR SESSION CALLED TO ORDER BY PRESIDENT SOMMER
ROLL CALL
Present: President Sommer
Aldermen Brick, Pasiak, Schwandt, Donovan
Absent: None
Also Present: Administrative Assistant Jeffrey Mis
Assistant City Attorney Robert Sondel
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PROOF OF PUBLICATION PUBLISHED AUGUST 5, 2008
1) Legal Notice – 2007 Single Audit – City Accountant
PROOF OF PUBLICATION PUBLISHED AUGUST 9, 2008
1) Legal Notice – Drop-Off Center – Public Works
PROOF OF PUBLICATION PUBLISHED AUGUST 13 & 14, 2008
1) Bid – Roof Installation at the Norman Keller Building– Public Works
PROOF OF PUBLICATION PUBLISHED AUGUST 20, 2008
1) Public Hearing – Proposed William Street Subdivision – City Clerk
2) Public Hearing – Registration of Rental Housing Units – City Clerk
PROOF OF PUBLICATION PUBLISHED AUGUST 23, 2008
1) Legal Notice – 2009 Preliminary Budget – City Accountant
MOVED by Alderman Brick SECONDED by Alderman Pasiak
To receive and file the aforementioned Proofs of Publication.
CARRIED.
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MOVED by Alderman Schwandt SECONDED by Alderman Brick
That the minutes of the regular session held September 16, 2008 be approved as circulated and filed in the Office of the City Clerk.
CARRIED.
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MOVED by Alderman Pasiak SECONDED by Alderman Brick
That the minutes of the special session held September 23, 2008 be approved as circulated and filed in the Office of the City Clerk.
CARRIED.
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AUDIENCE PARTICIPATION
Frank Budwey – Requested a street light or three way stop signs be erected at the intersection of Budwey Lane and Erie Avenue. Asked that the state review the intersections of the Twin City Memorial Highway and Robinson Street and Erie Avenue.
Richard Madej – 499 Witmer Road – Spoke about drainage issues on Witmer Road including sanitary sewer backups and thinks the William Street sub-division will add to the problem.
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IV.1 Engineer
September 30, 2008
Honorable Larry V. Soos, Mayor
and Common Council Members
City Hall
North Tonawanda, New York 14120
RE: Gateway Harbor Landscaped Slope
Project 2008-15
SEQRA- Environmental Assessment
Honorable Body:
In accordance with the New York State Environmental Quality Review Act (SEQRA), the City in its capacity as Lead Agency, has prepared an environmental assessment of the significance of potential environmental impacts of the landscaping, including a terrace natural stone retaining wall and low maintenance plantings. This project is considered an unlisted action under SEQRA.
In order for the City to issue a Negative Declaration, Notice of Determination of Non-Significance, the Common Council should act on the following attached resolution.
Very truly yours,
Dale W. Marshall, P.E.
City Engineer
MOVED by Alderman Donovan SECONDED by Alderman Brick
WHEREAS, the City of North Tonawanda intends to landscape, a terrace natural stone retaining wall and low maintenance plantings
BE IT RESOLVED, that the Common Council has reviewed the Environmental Assessment prepared by the City Engineer; and
BE IT RESOLVED, that the Common Council declares that based on the Environmental Assessment which has been prepared, the project is an unlisted action and will not result in any significant adverse impacts, and therefore will not have a significant impact on the environment; and
FURTHER, BE IT RESOLVED that the Common Council as Lead Agency hereby issues a Negative Declaration under SEQR Regulations for the landscaping improvements to Gateway Harbor, and authorizes the Common Council President to sign said Environmental Assessment form.
Ayes: Brick, Pasiak, Schwandt, Donovan, Sommer (5)
Nays: None (0)
CARRIED.
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IV.2 Engineer
September 23, 2008
Honorable Lawrence V. Soos, Mayor
and Common Council Members
City Hall
North Tonawanda, New York 14120
Re: Project 2008-15 Gateway Harbor Landscaped Slope Project
Award of Contract
Dear Honorable Body:
On Tuesday, September 23, 2008, five (5) bids from qualified contractors were received for the Gateway Harbor Landscaped Slope Project. The corrected bid results are as follows:
Accordingly, I respectfully request that the Common Council award the Gateway Harbor Landscaped Slope Project to Beau Enterprise 4250 Williams Road, Ransomville, NY 14131 at their low bid in the amount of $36,300.00; authorizing the mayor to sign the said contract, subject to review by the City Attorney.
Very truly yours,
Dale W. Marshall, P.E.
City Engineer
MOVED by Alderman Pasiak SECONDED by Alderman Brick
That the Common Council hereby awards the Gateway Harbor Landscaped Slope Project to Beau Enterprise 4250 Williams Road, Ransomville, NY 14131 at their low bid in the amount of $36,300.00; authorizing the Mayor to sign the said contract, subject to review by the City Attorney.
Ayes: Brick, Pasiak, Schwandt, Donovan, Sommer (5)
Nays: None (0)
CARRIED.
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IV.3 Engineer
September 30, 2008
Honorable Larry V. Soos, Mayor
and Common Council Members
City Hall
North Tonawanda, New York 14120
RE: Gateway Harbor Signage
Project 2008-17
SEQRA- Environmental Assessment
Honorable Body:
In accordance with the New York State Environmental Quality Review Act (SEQRA), the City in its capacity as Lead Agency, has prepared an environmental assessment of the significance of potential environmental impacts of the installation of two (2) identical interpretive signs. This project is considered an unlisted action under SEQRA.
In order for the City to issue a Negative Declaration, Notice of Determination of Non-Significance, the Common Council should act on the following attached resolution.
Very truly yours,
Dale W. Marshall, P.E.
City Engineer
MOVED by Alderman Donovan SECONDED by Alderman Brick
WHEREAS, the City of North Tonawanda intends to install two (2) identical interpretive signs at Gateway Harbor.
BE IT RESOLVED, that the Common Council has reviewed the Environmental Assessment prepared by the City Engineer; and
BE IT RESOLVED, that the Common Council declares that based on the Environmental Assessment which has been prepared, the project is an unlisted action and will not result in any significant adverse impacts, and therefore will not have a significant impact on the environment; and
FURTHER, BE IT RESOLVED that the Common Council as Lead Agency hereby issues a Negative Declaration under SEQR Regulations for the installation of two (2) identical interpretive signs, and authorizes the Common Council President to sign said Environmental Assessment form.
Ayes: Brick, Pasiak, Schwandt, Donovan, Sommer (5)
Nays: None (0)
CARRIED.
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IV.4 Engineering
September 23, 2008
Honorable Lawrence V. Soos, Mayor
and Common Council Members
City Hall
North Tonawanda, New York 14120
Re: Gateway Harbor Signage Project
Award of Contract
Dear Honorable Body:
On Tuesday, September 23, 2008, one (1) bid from a qualified contractor was received for the Gateway Harbor Signage Project. The corrected bid result is as follows:
Accordingly, I respectfully request that the Common Council award the Gateway Harbor Signage Project to E.B. Iron Art, 70 Tonawanda St., Buffalo, NY 14207, at their low bid in the amount of $14,500.00; authorizing the mayor to sign the said contract, subject to review by the City Attorney.
Very truly yours,
Dale W. Marshall, P.E.
City Engineer
MOVED by Alderman Pasiak SECONDED by Alderman Brick
That the Common Council hereby awards the Gateway Harbor Signage Project to E.B. Iron Art, 70 Tonawanda St., Buffalo, NY 14207, at their low bid in the amount of $14,500.00; authorizing the Mayor to sign the said contract, subject to review by the City Attorney.
Ayes: Brick, Pasiak, Schwandt, Donovan, Sommer (5)
Nays: None (0)
CARRIED.
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VII. Accountant
October 2, 2008
Honorable Lawrence V. Soos, Mayor
and Common Council
City Hall
North Tonawanda, New York 14120
Dear Honorable Body:
In accordance with Article V, Division 1, Section 5.002 and 5.003 of the City Charter, an Abstract Sheet, comprised of a Warrant of Claims, has been submitted by this office for your review and approval.
Accordingly, please authorize for payment the current Warrant of Claims for Common Council audit, dated October 7, 2008, and further authorize the Mayor and City Clerk to respectively sign and countersign said Warrant.
Very truly yours,
David R. Jakubaszek
City Accountant
MOVED by Alderman Pasiak SECONDED by Alderman Brick
That the Common Council hereby authorizes for payment the current Abstract of Claims dated October 7, 2008 and further authorizes the Mayor and City Clerk to respectively sign and countersign said Warrant:
01 General Fund $667,599.11
02 Water Fund $39,196.74
04 Sewer Fund $178,624.15
06 Capital Project Fund $497,441.24
07 Trust & Agency Fund $1,899.80
08 Community Development $6,176.39
11 General Fund (Encumbered) 97.00
Final Total $1,391,034.43
Ayes: Brick, Pasiak, Schwandt, Donovan, Sommer (5)
Nays: None (0)
CARRIED.
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VII.2 Accountant
October 2, 2008
Honorable Lawrence V. Soos, Mayor
and Common Council
City Hall
North Tonawanda, New York 14120
Dear Honorable Body:
In accordance with Article V, Division 2, Section 5.023 and Section 2.2 of the Budgetary Transfer Policy, please authorize the City Accountant to make the following transfers of fiscal year 2008 appropriations, based on the request of Department Heads, copy attached:
4 4,300.00 1-3120.250 Weapons / Guns 1-3120.480 Operations
Very truly yours,
David R. Jakubaszek
City Accountant
MOVED by Alderman Donovan SECONDED by Alderman Schwandt
That the Common Council hereby authorizes the City Accountant to make the following budget amendment of fiscal year 2008 revenues and appropriations, based on the requests of Department Heads:
4 4,300.00 1-3120.250 Weapons / Guns 1-3120.480 Operations
Ayes: Brick, Pasiak, Schwandt, Donovan, Sommer (5)
Nays: None (0)
CARRIED.
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IX. Public Works
October 2, 2008
Honorable Mayor & Common Council
City Hall, 216 Payne Avenue
North Tonawanda, NY 14120
Re: Traffic Department Requests
Honorable Body:
Please find below a number of requests from the Traffic department for your consideration:
1. “15 Minute Parking” signs in front of 228 Zimmerman Street to facilitate customer parking.
2. Remove all School Zone signs and markings for OLC (North Tonawanda Catholic) due to the fact that all classes have been transferred to the Ascension campus.
3. Remove traffic signal and install stop sign at the intersection of Pioneer Drive and Nash Road. The signal was installed to aid a blind couple who lived on Pioneer that have since passed away. With the relatively close proximity of the traffic signal at the Wurlitzer Drive & Nash Road intersection, exiting Pioneer Drive onto Nash Road should pose no problems.
Feel free to contact me if you have any questions.
Very truly yours,
Thomas Tussing
Traffic Division Supervisor
MOVED by Alderman Donovan SECONDED by Alderman Brick
That the Common Council hereby directs the Department of Public Works to install “15 Minute Parking” signs in front of 228 Zimmerman Street to facilitate customer parking; remove all School Zone signs and markings for OLC School (North Tonawanda Catholic) and remove traffic signal and install stop sign at the intersection of Pioneer Drive and Nash Road.
Ayes: Brick, Pasiak, Schwandt, Donovan, Sommer (5)
Nays: None (0)
CARRIED.
The following item was pulled before the meeting.
XVI. City Clerk
October 3, 2008
Common Council
216 Payne Avenue
North Tonawanda, NY 14120
Dear Honorable Body:
At the regular session of the North Tonawanda Planning Commission dated July 7, 2008, a resolution was passed recommending the rezoning of property commonly known as 236 Zimmerman Street from an M1 classification to an R2 classification.
A public hearing was held August 19, 2008 regarding this rezoning. It would now be appropriate to take action on the rezoning.
Very truly yours,
Thomas M. Jaccarino
City Clerk
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XXV. Monthly Reports
.1 Vital Statistics
MOVED by Alderman Pasiak SECONDED by Alderman Brick
That the Common Council hereby receives and files the aforementioned monthly reports.
CARRIED.
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COMMUNICATIONS FROM OTHERS
A.
Dr. & Mrs. Maurice Dewey
September 23, 2008
Mayor Larry Soos
City Hall
216 Payne Avenue
North Tonawanda, NY 14120
Dear Mayor Soos:
We would like to invite you and Linda to a Block Party “Oktoberfest” event that is scheduled for October 11, from 5:00 – 11:00pm. In addition to our normal smorgasbord of food and beverages, we are going to have various children’s activities including a cookie, brownie and cake baking contest and a costume competition. Further, excellent entertainment will be provided by Sugar and Jazz, featuring wonderful music from the Big Band era, conducted by Frank Larango.
In order to ensure this party be as safe as it will be fun, we ask that you agree to allow the North Tonawanda police and DPW to set up road barricades on Christiana Street between the streets of Bryant and Falconer. Thank you for your consideration in this matter and we hope to see you on the 11th.
Respectfully,
Dr. and Mrs. Maurice Dewey
MOVED by Alderman Brick SECONDED by Alderman Pasiak
That the Common Council approves the request and hereby directs the Public Works Department to set up barricades on Christiana Street between Bryant and Falconer Street on October 11, 2008.
CARRIED.
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B.
North Tonawanda Catholic School
September 22, 2008
Mr. Tom Jaccarino
City Clerk
City of North Tonawanda
216 Payne Avenue
North Tonawanda, NY 14120
Dear Mr. Jaccarino:
I am seeking a Block Party permit for North Tonawanda Catholic School’s Family Fall Festival event to be held on Thursday evening, October 23, 2008. We would like approval for closing off one block of Vandervoort Street from the corner of Robinson Road and Vandervoort Street. The time frame needed for the closing would be from 4:00PM to 10:00PM as our event will be from 6:00PM to 9:00PM. This will give us time for the set up and clean up.
Also, I would like to request from the Department of Public Works, at least four barricades or whatever would be appropriate to close off the block. If possible, I would like to request refuse containers (about 4-6) since our Family Fall Festival will mostly take place outdoors.
Thank you for your consideration. If you have any questions, or need additional information, please contact me at 693-2828.
Sincerely,
Mrs. Martha Eadie, Principal
North Tonawanda Catholic School
MOVED by Alderman Donovan SECONDED by Alderman Brick
That the Common Council hereby grants permission for North Tonawanda Catholic School’s to hold its Family Fall Festival event on Thursday evening, October 23, 2008 from 6:00PM to 9:00PM., and further approves the closing off one block of Vandervoort Street from the corner of Robinson Road and Vandervoort Street from 4:00PM to 10:00PM
The Common Council also directs the Department of Public Works to provide four barricades to close off the block and 4-6 refuse containers (about 4-6).
CARRIED.
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C.
David J. Burgio
September 17, 2008
Mayor Lawrence V. Soos
216 Payne Avenue
North Tonawanda, NY 14120
Dear Mayor Soos:
A number of merchants and interested parties have held meetings to organize a new event fro the Cities of Tonawanda and North Tonawanda. Page 2 (enclosed) explains our thoughts to date.
This letter is to ask permission from both Your Honor and the Common Council to close Webster Street at Tremont to Sweeney including the bridge, and the use of Gateway Park so proper organization and controls can be met. The requested date is all day December 31st, 2008 to noon January 1st, 2009.
All affected city departments will be invited to our meetings to get input as to safety and sanitation issues as well as concerns they may have.
We will have proper insurance and permits for all aspects of this event, but request the use of 40 City trash containers and the portable stage from Parks Dept. We are working on many details that make events of this nature successful and I will keep you as informed as possible as to our progress.
Sincerely,
David J. Burgio
Committee Member
MOVED by Alderman Brick SECONDED by Alderman Schwandt
That the Common Council hereby GRANTS permission to hold a New Year’s Eve event AND TO CLOSE Webster Street at Tremont to Sweeney Street including the bridge, and the use of Gateway Park on December 31 until noon, January 1st.
CARRIED.
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D.
Jan M. Hayes
October 2, 2008
North Tonawanda Common Council
216 Payne Avenue
North Tonawanda, New York 14120
Dear Honorable Body:
I am requesting to be reappointed as a Commissioner of Deeds for the City of North Tonawanda.
Thank you.
Sincerely,
Jan M. Hayes
458 Wallace Avenue
North Tonawanda, NY 14120
694-4221
MOVED by Alderman Sommer SECONDED by Alderman Pasiak
That the Common Council hereby appoints Jan M. Hayes, 458 Wallace Avenue, North Tonawanda, NY 14120 as a Commissioner of Deeds for the City of North Tonawanda for a term beginning October 8, 2008 expiring October 7, 2010.
CARRIED.
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AUDIENCE PARTICIPATION
Gordon Fritz – 1727 Eddy Drive – questioned special assessments on Briarwood.
ADJOURNMENT
MOVED by Alderman Pasiak SECONDED by Alderman Donovan
That this regular session of the Common Council be and hereby is adjourned.
CARRIED.
Time of Adjournment: 6:34 P.M.
Respectfully submitted,
Thomas M. Jaccarino
City Clerk