Council Chambers

Tonawanda, New York

July 6, 2010


A Regular Meeting of the Common Council


Present:  Council President Zeisz

Present:  Councilmembers:  Gilbert, Boyle, Slisz, Poole


Pledge of Allegiance led by Council President Zeisz


Prayer led by Council President Zeisz




A letter from Erie County Clerk Kathleen Hochul dated June 10, 2010, regarding the Mortgage Tax Distribution to be received in the amount of $60,989.33.


A letter to DPW Superintendent Neal Myers from NYS DOT dated June 22, 2010, regarding a preventive bridge maintenance program (PBM) for local government bridge owners in Western New York.


A Proclamation proclaiming June 20, 2010 to June 26, 2010,  ďAmateur Radio WeekĒ.


A letter to Chairmen and Members of the Planning Board and Board of Appeals dated June 25, 2010, regarding New York State required training.


A letter to Richard Kessel, President of the New York Power Authority dated June 28, 2010, regarding a meeting with members of the Public Power Coalition (PPC).


A letter from City resident Robert Starr II regarding the eroded curb at the base of his driveway approach.

            Ordered Filed




The following monthly reports were received by the City Clerk:

            May Activity Report of the Fire Department

            June minutes of the Board of Appeals

June Monthly Report of the Building Inspector

June Minutes of the Traffic & Safety Advisory Board

Revenues and Expenditures of the City of Tonawanda General Fund and Sewer

    Fund Budgets as of June 30, 2010.

                        Referred to the Committee of the Whole

                                    Ordered Filed


A petition from residents in the Fillmore Avenue/Grant Street area requesting that the stop sign at the corner of Fillmore Avenue and Grant Street be returned.

            Referred to the Committee of the Whole


A letter to the City Clerk from Tonawanda City School Athletics Department dated June 14, 2010, requesting that Little League Drive be closed on Tuesday, October 12, 2010 from 3:00 PM to 6:00 PM for a Cross Country Event.

            Referred to the Committee of the Whole


A letter to Erie County Department of Environment & Planning from City Attorney Ron Trabucco dated June 16, 2010, regarding the New City of Tonawanda Overlay Zoning District Central Business District.

            Referred to the Committee of the Whole


A letter to Erie County Department of Environment & Planning from City Attorney Ron Trabucco dated June 16, 2010, regarding Amendment to City of Tonawanda Comprehensive Plan.

            Referred to the Committee of the Whole


A letter to Erie County Department of Environment & Planning from City Attorney Ron Trabucco dated June 16, 2010, regarding New Spaulding Commerce Park Zoning District Ordinance.

            Referred to the Committee of the Whole


A letter to Adama Harris at CSX Real Properties, Inc. from City Attorney Ron Trabucco dated June 17, 201, regarding reimbursement for City costs incurred to remove a large broken tree on CSX property that fell across the creek, blocking all navigation.

            Referred to the Committee of the Whole


A letter to John Duerr from Council President Zeisz dated June 18, 2010 thanking them for submitting a proposal in building homes in the City of Tonawanda.

            Referred to the Committee of the Whole


A letter to David Burke/Burke Homes, LLC from Council President Zeisz dated June 18, 2010, thanking them for submitting a proposal in building homes in the City of Tonawanda.

            Referred to the Committee of the Whole

                        Ordered File




Fred Priano, 44 Scott Street Ė My question is, why are you, on resolution #3, why are you rescinding it?


Council President Zeisz - Itís temporary until we can make a determination, exactly.  We were under the impression from the tax information that we got that the City owns all the property along the back of the buildings, but then we were told that the City doesnít own all that property along the back, right up to the buildings.  Itís like, we were under the impression it was 6Ē and that was the information we got from the City Attorney, so we moved ahead with the resolution.  Right now, whatís supposed to be happening is the City Attorney is supposed to be working out exactly where our ownership lies so that we can redo the option based on that information.  Thatís the only reason because we donít want to move ahead with something and try to auction off property thatís not ours, if in fact there was a mistake made. 


Fred Priano Ė Then who does own the property.  I mean my understanding is itís the Cityís  property. 


Council President Zeisz - That was my understanding but we were led to believe that two different building owners actually own property into the alley.


Fred Priano Ė How does that affect the section behind me?


Council President Zeisz Ė Well the reason it affected you is because all the property was up for auction, the entire strip of the alley. 


Fred Priano - I thought you were just gonna do sections.


Council President Zeisz Ė But that resolution called for the entire run. 


Councilmember Gilbert - We have to redo the resolution to make it the right resolution, thatís why itís being rescinded tonight. 


Councilmember Boyle - Öbut we are gonna move forward withÖ


Council President Zeisz - Öwell that was the original plan, yes.  Iím not changing from that.  Am I making that clear? 


Fred Priano Ė No, youíre not because this has been going on the eight months. 


Council President Zeisz - When the resolution was drawn up, it was drawn up building number, building number, were all part of that resolution and thatís why the resolution was no good because parts of it supposedly arenít accurate and Ron was supposed to redo it and we donít have the resolution, but we had to pull this one because we pulled the auction, but it shouldnít impact your situation at this point in time any more than before.  You got the trailer back there, right? 


Fred Priano Ė Right.


Councilmember Boyle Ė Mr. President, I thought there was that one camper that was supposed to be moved, that Winnebago or whatever.  Itís still back there. 


Council President Zesiz Ė Well right now, nothingís happening while we work through this situation. 




197.     By Councilmember Boyle                                       seconded by Council President Zeisz

            Resolved, that permission be granted to the residents of Delton Street to hold a block party on Saturday, August 7, 2010 from 2:00 P.M. until 11:00 P.M., and be it further

            Resolved, that Delton Street, between Delaware Street and Main Street, be closed to vehicular traffic and ingress and egress be provided for local traffic and emergency vehicles.


Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted


198.     By Councilmember Gilbert                                      seconded by Councilmember Boyle

            Resolved, that a certificate of insurance and bond for Stephen Reddy (Erie Niagara Mechanical Corporation) be filed and a license be issued to said plumber to do business in the City of Tonawanda.


Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted


199.     By Councilmember Gilbert                                      seconded by Councilmember Poole

            Resolved, that resolution #186 from the June 15, 2010 Common Council meeting regarding the Public Auction of Koenig Alley, be RESCINDED.


Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted


200.     By Councilmember Gilbert                                      seconded by Council President Zeisz

            Resolved, that the reading of the following resolution be waived.


Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted






201.     By Councilmember Boyle                                       seconded by Council President Zeisz

WHEREAS, Robert Gugino, Jr. and Susan L. Gugino, are the record title owners of premises located at 72 Fuller Avenue in the City of Tonawanda; and

            WHEREAS, Mr. and Mrs. Gugino, sometime in 1989, built a frame garage upon the northerly portion of their premises; and

            WHEREAS, Mr. and Mrs. Gugino relied upon a survey dated May 23, 1968; and

            WHEREAS, a new survey dated May 1, 2010, which is believed to be correct, shows that the garage built in 1989 encroaches up to 3.18 feet easterly on premises owned by the City of Tonawanda; and

            WHEREAS, said survey also shows that the concrete structure attached to a building on City-owned property encroaches up to 1.9 feet southerly on property owned by Mr. and Mrs. Gugino; and

            WHEREAS, both parties now desire to grant permission to the other to use and maintain that portion of land upon which their respective improvements encroach upon the property of the other;

            NOW, THEREFORE,

            BE IT RESOLVED, that Mayor Ronald J. Pilozzi is hereby authorized and directed to execute a proposed Joint Easement Agreement between Robert J. Gugino, Jr. and Susan L. Gugino, residing at 72 Fuller Avenue and the City of Tonawanda, which grants permission to the other to use that portion of land upon which their respective improvements encroach upon the property of the other.


Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted


202.     By Councilmember Poole                                       seconded by Councilmember Gilbert

            Resolved, that permission be granted to St. Francis of Assisi Church to close Adam Street, between Seymour and Clinton Streets, to vehicular traffic on Sunday, September 12, 2010 from 9:00 AM to 4:00 PM for an outdoor parish celebration and be it further

            Resolved, that ingress and egress be provided for local traffic and emergency vehicles. 


Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted


203.     By Councilmember Poole                                       seconded by Councilmember Slisz

            Resolved, that permission be granted to the residents of Wheeler Street, between Moyle Street and Schuler Street, to hold a block party on Saturday, August 7, 2010 from 11:00 AM to 11:00 PM, and the be further

            Resolved, that ingress and egress be provided for local traffic and emergency vehicles. 


Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted


204.     By Council President Zeisz                                     seconded by Councilmember Gilbert

             Whereas, a Special Events Application and a $25.00 application fee were received by the City Clerk from Grace Lutheran Church to hold Ecumenical Worship Services 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, all details for the above named event must be coordinated with the Parks and Recreation Department and the event chairperson, now, therefore be it

            Resolved, that permission be granted to Grace Lutheran Church to hold Ecumenical Worship Services in the area next to the Long Homestead on Sunday, July 11th and Sunday August 1st,  8th , 15th , 22nd  and 29th from 8:30 A.M. to 9:30 A.M. and be it further

            Resolved, that any overtime cost that is incurred by the City of Tonawanda must be reimbursed to the City by Grace Lutheran Church and be it further

            Resolved, that a Certificate of Insurance naming the City of Tonawanda as additional insured be presented to the City Clerk no later than July 9, 2010.


Councilmember Boyle Ė This $25.00 application fee, was that for each day or is that like, we give you one for this day, one for that day.


City Clerk Jan Bodie Ė Overall application fee.


Council President Zeisz Ė For the whole event.


Councilmember Boyle Ė All right.  Another question.  The overtime costs.  Weíve been talking about that in the past.  Is there any way possible that we could start getting because we know itís gonna be eating into the police overtime and weíre trying to look at this thing.  Do you think we could get a report from the Police Chief on the overtime so we can say that when your overtime is over we can put it on that?


Mayor Pilozzi Ė Could I speak to that?  Number one, the annual Ride for Roswell recently submitted to me, and I believe the Common Council, a summary of the costs for overtime.  On the original routing sheet, I made mention of the fact that we wanted to make sure that that bill was submitted.  Now, once those bills are submitted, obviously we have to wait to get those checks in the mail, I think, probably the way I would like to do it is whoever pays and holds up their end of the bargain, weíll have a record of that, and if they try to do the same event next year and they havenít paid, then we say ďnoĒ.  Thatís the bottom line. 


Councilmember Boyle Ė Iím not trying to nickel and dime these things, but itís like weíre trying to keep everything as tight as we can and we get the report from Joe for what the overtime is for each department andÖ


Mayor Pilozzi - Öthatís a big one. 


Councilmember Boyle - ÖI agree.


Mayor Pilozzi - When you add up all the cost of our Police Department, especially in this City because of that park and weíre very proud of the park and obviously a lot of people like that park, so youíll find a lot of these events go through that park or in that vicinity.  We have a lot to offer folks, but the fact of that matter is, every time we do one of those events and we donít get paid, we in affect ask the taxpayers of this community to make a donation to the event.  I donít know about you folks but I donate a pretty good amount of money to these organizations.  I lost a mother and I lost recently a brother and a father recently treated for cancer and I know a lot of you folks donate too.  Above and beyond, is it right for this community to donate?  Iím not the one to say ďayeĒ or ďnayĒ to that because obviously I have close connections to the American Cancer Society but thereís a lot of other organizations that use it too.  I think as a Common Council and as a Mayor, weíre gonna take that route and see what happens and if they donít ďbelly-up to the tableĒ, then we need to take a look.  Another part of that situation is, unless Iím mistaken, New York State says that if you have an event like that in your community, New York State says you have to provide safety traffic control for the event.  Now, Iím not sure if they say you have to provide it for the event, do they also say that you could give the organization a bill for the event, so there might be some legal issues involved. 


Councilmember Boyle - Iím just saying because we got that one report for the overtime costs for that Mississippi Mudds and it was close to $1,000.


Mayor Pilozzi Ė How much was it for the Ride for Roswell?  $2,200.


Councilmember Boyle - How many of those things come through the City?  $2,200.00 here, $2,200.00 there. 


Council President Zeisz Ė Thatís the only one thatís cost any money this year.   

Councilmember Boyle Ė Well this year itís really two. 


Police Chief John Ivancic Ė We have been keeping track, Iíve been keeping track of all special events and that was the first special event we had to use overtime to cover.  It was $2,200.00, we submitted the bills through Jan and the Mayor and we are going to continue to track it and I will submit any bills that we accrue.  All the other ones we have been able to cover on shift. 


Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted


205.     By Council President Zeisz                                     seconded by Councilmember Boyle

            Resolved, that in recognition and compliance with the ďNew York State Open Meetings LawĒ, this Common Council will meet in Executive Session in the Common Council Chambers for the purpose of pending exempt City business, and further be it

            Resolved, that upon conclusion of the above stated business matters, the meeting shall again be open to the general public.  The reason for the Executive Session is to discuss a legal matter regarding negotiations.


Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted




Laura Sidoti, 7 Grant Street Ė Iím here regarding, and also by myself, all of Grant Street and you can see they are all behind me, weíre very concerned about a stop sign being removed.  It is a major safety issue and itís been there for so long it is hard to adjust to and I do feel it is a major safety issue by not being there for our children, our older people in our neighborhood, thereís no more stop sign, you have to watch, itís just a never ending everyday thing, almost accidents and itís just a very unsafe situation for them. 


Council President Zeisz - Let me ask this question.  Now thereís a stop sign at Cleveland that wasnít there.  Why is Cleveland different than Grant or Mill?  Technically, the street, if it wasnít for the playground, it shouldnít have any stop signs. 


Laura Sidoti - Well no actually I really feel it does need at least one stop sign at least somewhere halfway in the middle, at least from the hours of 7:00 AM to 6:00 PM and itís a very high traffic area, especially with semiís, school buses with Rainbow being right on the street there too, and with myself living so close to the corner, obviously I see a lot of it and it is a very heavy traffic area and very few people stop at that stop sign, unless you actually live there or live close by are actually aware of the stop sign or even consider stopping for that stop sign.  Iíve been watching the clicker thing out there thatís been out there the last couple of days, theyíre doing 45 to 50 miles per hour.  Theyíre not even stopping for the stop sign.


Council President Zeisz Ė Do you know what the average speed is?  Itís less than 26 miles an hour and thatís for a lot of cars, like 2,500 cars and it was done over multiple days, so the average is very low, itís not even the speed limit.  I just want to touch on a couple of these other things.  They donít have anything to do with the sign being there or not, but as far as notification, weíve never notified residents personally about stop sign installation or removal, and weíve never notified resident personally when weíve done that, after the fact.  Itís always been a notice that goes through the paper, so it wasnít like we were singling out certain people and not notify you, thatís never been done.


Laura Sidoti Ė Right, right, I realize that too.  Like I said, the only reason itís become an issue in our little section of Gastown because itís been there, according to the neighbors, 50 Ė 60 years and never changed and because I live right there, Iím accustomed to it and Iím more concerned for the safety issue because it is a bus stop and there are several children that live right in that general area, Fillmore and Grant Street.   As you can see, they are backing me up here.

Councilmember Gilbert - Unfortunately, like Council President Zeisz said, whatí the difference between kids on Mill Street and the other streets in that area that have those kids that donít have that stop sign? 


Laura Sidoti - Well, from what I understand, apparently once upon a time, this is of course going by the residents in the area, apparently every single corner had one and then the one at Mill Street disappeared about 15-20 years ago, and the Grant Street one always stayed permanently because itís about approximately half way in the middle, and the Cleveland one only goes up July and August strictly for the playground to try to get the traffic slower for the children and their crossing. 


Councilmember Boyle - On the bus stop area, I drive for Rainbow and route 220, you pick up high school kids, youíre stopping them off at a non-stop sign street, so Iím dropping kids off at every street on there without it, so I mean what Ms. Casal is saying that, itís a bus stop.


Laura Sidoti Ė My child is 14 so she no longer uses too much bus service because the kids all drive today but there are neighborhood kids, but youíre right, I do realize they stop at every corner too and thatís why I did not even bring that up. 


Council President Zeisz - How we got to this point is going back probably five months ago, the Traffic & Safety Board was directed to go through the City ward by ward and look at opportunities to take out signs that are outdated or out of use or arenít really necessary and in this particular case, one of the things is that we wanted to move to eliminate the temporary signs because temporary signs technically arenít supposed to be in use.  So the goal was to eliminate the temporary sign, the thought process being, Traffic & Safety, please look at moving the stop sign across from the playground so kids can get to the playground which is really the only reason to cross Fillmore if youíre a kid is to get to the playground or the park.  Thereís no other reason, thereís nothing to get to.      

So that was the thought process of how we got to taking the sign and moving it to Cleveland.  One of the things we looked at too was, and itís been brought up a couple of times, thatís how the sign at Mill was taken out, I was here when the sign came out on Mill. But the thought was, even back then, as long as thereís a sign to get across the street and that still exists.  I certainly understand what youíre saying.  From a traffic standpoint though, if there wasnít a playground or a park, there probably wouldnít be a need for any signs because thereís really no reason to cross the street, thereís nothing to get to but I understand, I know exactly what youíre saying.


Laura Sidoti - My main purpose to be here is, I do feel it is a safety issue and stuff like that and I know the machineís been out there and stuff like that and there are some times of the day where they arenít driving fast, you know the statistic-wise theyíre lower statistic-wise so thatís just what Iím seeing is the semiís and stuff like that.  I donít mean school buses but school buses also  that are just going zoom zoom zoom.


Councilmember Gilbert - I can attest on my street which is Penarrow that it doesnít matter, theyíre going 40-45 on that street too. Itís not a deterrent for speeding.  The stop signs are not made for that reason.  They donít even stop at the stop sign on my corner. 


Laura Sidoti - That stop sign on the corner of Grant and Fillmore has always been an issue with people no stopping at it anyway but at least it was more of a safety issue.  Like I said, our neighborhood was shocked because apparently we all have ignorance with the newspaper none of us read it.


Councilmember Gilbert - Well we would like you to come to the meetings. 


Council President Zeisz - Well we got one person to come. 


Laura Sidoti - Yes, and actually Iím under the weather so Iím like rattling here.  Iím very sorry. 

Council President Zeisz - Oh, no.  I think youíve made your point as far as what youíre feelings are.  Just for a piece of information, did you know thereís no recorded accidents on that street in seven years in that area? 

Laura Sidoti Ė Thank God, thatís all I can say to that.  Iíve seen many ďalmostsĒ, stuff like that which the neighbors, like I said, theyíre not here so I can only say Iíve seen it, they should have backed me, they knew. 


Councilmember Boyle - We thought it was going to be full.  


Councilmember Gilbert - According to Lynn, we were going to have pitchforks and spears coming at us tonight and unfortunately, I wish they would have come.


Laura Sidoti Ė I was going out into the neighborhood going, I need a ride and there was no one to drive me here. 


Councilmember Gilbert Ė I applaud your coming because it really takes a lot of guts to stand up there and talk. 


Laura Sidoti Ė It must be that because Iím not feeling good tonight. 


Council President Zeisz - Obviously the issue is important to you but from our standpoint sitting up here, it makes us kind of wonder how important it really is.  Your passionate about it but youíre the only one thatís here. 


Laura Sidoti - I was very disappointed it was gone, I did not read it in the paper, I wish it would come back.


Council President Zeisz - It certainly will be something that will be looked at because itís not the first sign to come down and itís not going to be the last.  I hope you feel better and have a good night.


Kory Schuler, 59 Main Street Ė I just thank you all for rescinding resolution #3 tonight.  Iím a little surprised to hear you might be revisiting it.  Just a couple questions, is there any way, and you know I donít want to single Fred out, but is there any way you could just make that an area so you could auction off certain parcels to people that might want it and leave the rest alone?  I donít wantÖ


Councilmember Gilbert Ė Thatís what the whole idea of the revisit is. 


Kory Schuler Ė From the four folks up here that vote on that, what are your thoughts on the resolution as a whole and where do you all stand on this.  I know youíre against charging parking in Niawanda but not charging businesses that actually own businesses on Main Street, you charge them for parking, so where are your thoughts or what do you think of this resolution or if it comes back up what you think about it. 


Councilmember Gilbert Ė Well, the idea wasnít just for parking as I understood.


Council President Zeisz Ė How are we charging businesses for parking?  


Kory Schuler Ė Well, youíre leasing space for $250 a year. 


Council President Zeisz Ė Yeah, well Iím not leasing, if we had gone with meters in Niawanda, weíre not leasing them space to use for the whole year, 24 hours a day. 


Kory Schuler Ė Itís like youíre still charging. 


Council President Zeisz Ė But itís City land.


Councilmember Gilbert Ė The parking lot is parking, where if you lease that property, you could put in something up there and use it as a patio or store things there.


Kory Schuler Ė You would allow that then?


Councilmember Gilbert Ė It would be under the lease agreement.  


Council President Zeisz Ė No, no, no.  The City code calls for it right now.


Kory Schuler Ė So you could put a patio back there?


Council President Zeisz Ė No, you canít put a permanent structure.  For example, there was a place that used to lease land in this City.  They put tents up and stuff like that, they can do that, but they just couldnít have any permanent structures.  


Kory Schuler - I guess, why are you revisiting this resolution now, I guess thatís my question.  I mean, you all voted on it to rescind it and I appreciate that but if it does come up again, where do you all stand on that. Iíd just like to know your opinions.


Councilmember Gilbert Ė Right now it depends on what we find out from the attorney, what he finds, if we can even do it.  We donít know yet. 


Kory Schuler Ė Your City Attorney doesnít know if he can do the resolution.


Councilmember Gilbert Ė Heís looking at it, all the properties to see who owns what.


Council President Zeisz Ė Weíre still getting told that we own it all.


Kory Schuler Ė Thatís fine.  Iíll give you my survey, mine right now, when I first heard about this, it arouse a big issue for me.  My attorney has looked at mine and Iíll get it for you to clarify that, why didnít you clarify that the first time before you had to rescind it?  I guess thatís a question too.   


Council President Zeisz Ė I answered this question when you were at the last meeting.  We were led to believe, from what we were told, and the resolution was written by the City Attorney, we were led to believe that it was all City property. 


Kory Schuler Ė But I also was told, I was under the impression this was dead in the water and this wasnít going to be revisited, so Iím saying if it does come, where do you all stand on this issue again.  Iíd just like to hear from other council people. 


Councilmember Boyle Ė Myself, if we can lease out specific areas, I mean, the thing is right now, itís, you know, you go in the back and you look, you have that Winnebago, which to me I think the thing looks junky back there, and then they park another vehicle next to it.  All right, I donít, myself, if we can lease specific areas for specific businesses to store specific things there, itís gonna be A, B, C, D that you can have on there.  You canít have unregistered, unlicensed vehicles back there, they gotta be licensed, whatever.  if we can do that, Iím looking at doing those parking permits throughout the City, not gonna be looking at just businesses and stuff like that, Iím gonna be looking at homeowners too that will be doing that, you know I mean, charging people for down at Niawanda Park.  I wanted it, I was the only one, you know what Iím saying, but there wasnít enough backing for that.  I would like to charge for Niawanda Park, Iíd like anybody that parks on City property, Iíd like to charge them for parking on City property.


Kory Schuler  - Mr. Poole and Mr. Slisz, I would like to know where you stand on this.


Councilmember Poole Ė Basically, where I stand is, I think that as a proponent of open government, we should involve the business association if weíre gonna do something that directly affects them.  The same thing with any citizen in the City, if weíre going to lease land that affects particular owners on a particular street before we make any decision, we should bring those people in, should let them know that weíre thinking about the issue and get their thoughts on it, as well as ours. 


Council President Zeisz Ė What I was gonna say, Mr. Schuler, was that I would do it for you, for the Knights, for whoever.  If it was something that I thought would help any of you and to be honest with you, when we first were putting this together, I didnít see why it was a bad thing, that if people wanted to take advantage of having some property behind their building, that I thought they didnít own, I thought they would want to take advantage of that.  Part of the reason the costs started to get talked about was that Mr. Boyle brought it up.  Weíre looking at charging people to use City lots to park overnight.


Kory Schuler - If youíre looking at charging, is there any way youíre gonna go through it to reduce the amounts so itís not such a burden on people, or are you fixing at $250?


Councilmember Boyle - Myself, I mean, sitting down it hasnít been presented to the Council yet.  I sat down with the City Attorney and at $50 a year for a parking tag to be in the City of Tonawanda to park on City property, thatís a number that I came out with and if youíre parking on that specific property without a permit, itís not gonna be a $25 parking fee, itís gonna be a $50 fee if youíre parking in there.  I mean, people are gonna come up and theyíre gonna complain about $50. 


Council President Zeisz Ė No, what heís sayingÖ


Councilmember Boyle - Öwhat Iím saying though also, he was saying about reducing the cost, so I mean, suppose Fred wants to park four things back there, $200.  If you want to park one thing back there, make it $50.


Cory Schuler Ė One last question, is there any guidelines as to who can bid on those properties or is it anybody that, I know that was a question, I donít know if that has been settled yet.


Council President Zeisz Ė No, if itís a public auction, I could bid on it.  d on it.


Ed Gebera, 157 Brookside Terrace W. Ė At the last Council meeting I made a remark about Canal Fest being a not-for-profit organization and it wasnít charitable.  Councilman Poole disagreed with me and mentioned me by name at the last Council meeting and I didnít like that cause he didnít know what he was talking about.


Councilmember Poole Ė I beg to differ with you Mr. Gebera. 


Ed Gebera - You still beg to differ with me? 


Councilmember Poole - Yes.


Ed Gebera - Ask your Council President if Iím not right.


Councilmember Poole - Canal Fest of the Tonawandas is a not-for-profit organization.  It is made up of 50 member organizationsÖ


Ed Gebera - Öuh, uh, uh, thatís not the same thing sirÖ


Councilmember Poole - Öthe 50 member organizations are all service organizations to both sides of the Canal.


Ed Gebera Ė Itís still not the same thing.


Councilmember Poole Ė The same thing as what?


Ed Gebera Ė Youíre talking about them renting out spaces to organizations that are profit making organizations, or not-for-profit organizations.  Thatís a world of difference between Canal Fest and what youíre saying.


Councilmember Poole Ė Okay, Canal Fest is made up of about 50 non-profit organizations.  There are profitable organizations that come in under the sponsorship of some of those not-for-profit organizations, so there are profitable organizations in there.


Ed Gebera - But Canal Fest isnít. Thereís a world of difference between what youíre saying and what Iím saying.  If you hadnít mentioned me by name, I wouldnít have even brought it up but you mentioned me by name and I know you donít know what youíre talking about. 

Councilmember Poole Ė Well, I beg to disagree with you and I think weíll have to agree to disagree at this point and settle it out between the two of us privately. 




Councilmember Gilbert Ė Iíd just like to say that this past July 3rd, we had a great memorial opening, the Mayor did a great job as the emcee, there was approximately 2,000-2,500 people that were there, it was a really great time and it was a pleasure to be there and I thought it was handled very well and the people that spoke were really great and I was really thankful to be there.


Councilmember Boyle Ė On what Councilman Gilbert was saying, I wasnít here for it, I was in our nationís capitol and my wife was texting me, saying what was going on and I just went out and I looked at it, itís a beautiful monument.  Standing up here saying the Pledge of Allegiance, what I thought was totally mind boggling when I was down in Washington was right before the parade started, there had to be about 30,000 people saying the Pledge of Allegiance and just hearing that was just a great thing, watching the firework above the reflecting pool was a good thing, I wish I was here to see our fireworks but thereís now no comparison.  Thank you very much Mr. President.


Councilmember Slisz Ė I agree with the memorial opening.  I thought it was a great event. Itís a great memorial and it did get a lot of press.  The City of Tonawanda did receive a lot of press in the local paper and the Buffalo News.  On the other issue, the demolition of the waterworks as you know on Niagara Shore Drive is running heavy now, itís the first day and my thanks to the Mayor and the Council for that. 


Councilmember Poole Ė I would echo the comments on the memorial.  I was there as a guest of honor and it was a very fitting tribute, I fail to understand why we did not get national coverage on that, I havenít seen any yet, but that is a tremendous memorial.  And my last comment is something I wouldnít usually make sitting up here but because I have been bombarded with people from the public asking me about these two questions, Iím going to mention them at this time and ask Mayor Pilozzi if I can meet with him sometime tomorrow and set up a meeting with the appropriate department heads.  There seems to be a lot of contention in the City about broken sidewalks.  Thereís one in particular that Iím very much aware of on Niagara Street, where the residents who live right there, the lady is confined to a wheel chair and her elderly husband has a difficult time.  And also we need to discuss how trees are removed in the City.  There seems to be the conception among many of the City residents that there is no fair policy as to how trees are removed or not removed and when I did ask to see a list of priorities, priority trees that were going to be removed, I was told that there is no list and Iíve been asked to ask who is the arborist who decides what trees come down and which ones are priority and which ones are not, so if we can get together sometime this week Ron, we can discuss those things. 


Mayor Pilozzi Ė Couple things going on and Councilmember Slisz has already mentioned it and thatís the water plant and today we actually started the demolition of the plant, we had to wait for all the asbestos abatement to take place and it feels good to see that coming down.  I did pass a resident, in fact one of Councilmember Sliszís neighbors and he was happy with the way itís being conducted, making sure the dust is kept to a minimum and that sort of thing.  Hopefully that will come off without a hitch and open that area up for some type of development.  A lot of things going on in our Police Department.  As you are aware at the last meeting or read in the paper, we have a new Police Chief, Chief John Ivancic who is sitting right here, in my estimation in very short order, heís done a terrific job of reclaiming our good name, our Police Department should have and does have now, and in that effort, he made several promotions.  First of all Lt. Strassburg and Lt. Lori Rank have been promoted to Captain.  Those are the folks that were on an interim basis to begin with.  Today we were told that Patrolman Joe Scarpena has been promoted to Detective and the two Lieutenants that will take the place of  Captain Strassburg and Captain Rank are Lt. David Ray and Mike Rogers.  In addition, we have two new patrolmen and those two new patrolmen are Erik Johansen and Jason Balling.  A lot of things going on in the Police Department, we are now fully manned to the level that the budget calls for and I wish them all well and Iím sure that our new Chief and our new Captains that people are going to get the feeling that our Police Department is second to none and I appreciate their efforts and the Chiefís efforts and again, I wish them all well.  Lastly, Saturday was a very momentous occasion here in our City.  We had the opportunity to pay tribute and homage to some more heroes that gave up their life in World War II.  It would not have been made possible had a guy by the name of Rick Lewis not entered my office on June 8th, 2009.  A lot of the credit, if not all the credit, or at least the financing of that monument goes to him and his wife Lisa.  When they started talking about that monument, it started out at $10,000 and it went up to $30,000 when all the smoked cleared it was around $150,000 that monument cost to be put there and he financed the whole thing.  So if you ever run into a gentleman by the name of Rick Lewis, thank him.  Without him, we would not have had that event.  One thing that the City did pay for was the stripping in the area to the south of the monument itself, I should say towards City Hall, and we did buy 1,000 hot dogs.  Thatís all we paid for so weíre talking about maybe $1,000.  Hope everybody had a good time if you were there, I certainly did, I was the emcee for the event and towards the end I was getting a little chocked up because my thoughts went back to the people I served with in Viet Nam and you just donít forget those people and to know that we had these fellows come from this City of 15,000, 16,000 and you compare it to a country of over 300,000,000, itís a big deal and I can say this, Iím very, very proud being the Mayor at this time.  So again, thanks everybody that came, everybody that served on the committee, and God Bless America. 


Council President Zeisz Ė Yes, it was a great ceremony and it kind of had a little bit of personal touch for me.  Ed Niland was a paratrooper that was in a Japanese war camp for a year, I grew up across the street from him as a kid and his son Pete, so it really gave me a sense of pride to know that someone in a family that did a lot for the country lived right across the street from me when I was a kid, so it was a great even, a lot of people came, hopefully everyone had a good time.  I wanted to thank everyone for coming tonight, have a great night, try to hide from the heat when you get out of here and drive home safely and God Bless. 




206.     By Councilmember Gilbert                                      seconded by Councilmember Poole

            Resolved, that this Common Council adjourn until, July 27, 2010.  


Ayes: Gilbert, Boyle, Slisz, Poole, Zeisz

Nays: None

Resolution declared adopted



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