Council Chambers Tonawanda, New York December 4, Pledge of Allegiance and Silent Prayer led by Council President Zeisz

A Regular Meeting of the Common Council Council Chambers Tonawanda, New York December 4, 2012 Present: Council President Zeisz Present Councilmembers: Little, Boyle, Slisz, Kossow Pledge of Allegiance and Silent Prayer led by Council President Zeisz COMMUNICATIONS FROM THE MAYOR A letter from New York State DEC Commissioner Joseph Martens, dated November 15, 2012, congratulating the Mayor on his successful application for funding for an Urban and Community Forestry Project. A letter to Sam Scinta, 221 Niagara Street reappointing him to the Board of Appeals, from January 1, 2013 to December 31, 2017. A letter to Brenda Boyle, 245 William Street reappointing her as Youth Board Director, from January 1, 2013 to December 31, 2016. A letter to Blake Boyle, 245 William Street reappointing him as Common Council liaison to the Youth Board, from January 1, 2013 to December 31, 2016. A letter to Frank Grandinetti, 627 S. Ellicott Creek Road reappointing him to the Plumbing Board, from January 1, 2013 to December 31, 2015. A letter to Dick Barnard, 176 Delaware Street reappointing him as Chairperson of the Traffic and Safety Advisory Board, from January 1, 2013 to December 31, 2016. A letter to Jeffrey Schultz, 160 Highland Avenue, dated November 30, 2012, reappointing him to the Traffic and Safety Advisory Board, term to expire December 31, 2012. A letter to Joseph Ulanowski, 52 Dexter Street, dated November 30, 2012, reappointing him to the Waterfront Revitalization Board, term to expire December 31, 2013. A letter from American Legion of the Tonawandas Post 264 dated December 1, 2012, stating they would like to apply to compete for the beer vending service provided for the Gateway Concert Series. Ordered Filed COMMUNICATION FROM CITY OFFICIALS AND CORRESPONDENCE The following monthly reports were received by the City Clerk: October Activity Report of the Fire Department November minutes of the Board of Appeals November Minutes of the Traffic & Safety Advisory Board Agenda for the Board of Education meeting of November 27, 2012 Referred to the Committee of the Whole Ordered filed A Notice of Public Hearing being held by the Board of Appeals on December 17, 2012, regarding 105 Highland Avenue (Highland School). Referred to the Committee of the Whole Ordered filed 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. 270

Shall be amended to read as follows: Sec. 82-171 Districts established. (a) The city is hereby divided into the following zoning districts: R-1 Single-Family Residence District R-2 General Residence District R-C Residential-Restricted Business District C-1 Neighborhood Shopping District C-1A Neighborhood Shopping District C-2 Central Retail District C-M General Commercial Services District M-1 Manufacturing District M-2 Light Industrial District SCD Spaulding Commerce Park District BET IT FURTHER RESOLVED, that all other sections of said ordinance shall remain unchanged and in full force and effect; and BE IT FURTHER RESOLVED, that the above amendment shall take effect upon publication in an official newspaper of the City of Tonawanda. 257. By Councilmember Boyle seconded by Councilmember Kossow WHEREAS, the title of this Resolution/Ordinance has been published at least once in a newspaper of general circulation, more specifically, The Tonawanda News, on November 20, 2012, in accordance with Section 2.047 of the City Charter. NOW, THEREFORE, BE IT RESOLVED, that Article 5. Bulk Requirements; Division 2. Yards; Sec. 82-273. Side yards (a) Minimum yards. (2) d., which now reads as follows: Sec. 82-273 Side yards. (a) Minimum yards. Minimum side yards shall be as follows: (2) For other principal buildings or uses: d. In an M-1 manufacturing district, each side yard shall be ten feet, except that when a lot in an M-1 district abuts an R district boundary, a side yard of not less than 50 feet shall be provided. Shall be amended to read as follows: Sec. 82-273 Side yards. (a) Minimum yards. Minimum side yards shall be as follows: (2) For other principal buildings or uses: d. In any M District, each side yard shall be ten feet, except that when a lot in any M district abuts an R district boundary, a side yard of not less than 50 feet shall be provided. BE IT FURTHER RESOLVED, that all other sections of said ordinance shall remain unchanged and in full force and effect; and 272

BE IT FURTHER RESOLVED, that the above amendment shall take effect upon publication in an official newspaper of the City of Tonawanda. 258. By Councilmember Little seconded by Councilmember Boyle WHEREAS, the title of this Resolution/Ordinance has been published at least once in a newspaper of general circulation, more specifically, The Tonawanda News, on November 20, 2012, in accordance with Section 2.047 of the City Charter. NOW, THEREFORE, BE IT RESOLVED, that Chapter 10 of the Code of the City of Tonawanda entitled ANIMALS is hereby amended as follows: That Article 2. Dogs Sec. 10-34. Impoundment of dogs running at large. which now reads as follows: The Animal Control Officer, any duly authorized representative or any peace officer may seize any dog found at large in violation of this article, whether or not the dog is tagged or licensed. Shall be amended to read as follows: Article 2. Dogs Sec. 10-34. Impoundment of dogs running at large. (a) The Dog Control Officer, or any duly authorized representative or any peace officer may seize any dog found at large in violation of this article, whether or not the dog is tagged or licensed. (b) Impoundment fees shall be as follows: (1) On the first pickup of a dog, a fee of $10.00 plus per-diem expenses shall be paid to the City Clerk for the release of the dog from the SPCA. (2) On the second or any additional pickup of a dog, a fee of $30.00 plus per-diem expenses shall be paid to the City Clerk for the release of the dog from the SPCA. (c) If any dog so impounded is not redeemed as provided in this ordinance, the owner shall forfeit all title to the dog and the dog shall then be available for adoption or euthanasia. (d) Records required. The dog control officer shall keep a record of any seizure and subsequent disposition of any dog. Such record shall include a description of the dog, date and hour of seizure, official identification number of dog, location where seized, reason for seizure, owner s name and address, if known, and any other information as required by the State Commission of Agriculture and Markets. BE IT FURTHER RESOLVED, that all other sections of said Ordinance shall remain unchanged and in full force and effect; and BE IT FURTHER RESOLVED, that the above amendment shall take effect upon publication in an official newspaper of the City of Tonawanda. 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. 273

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. COMMENTS FROM THE PUBLIC AFTER RESOLUTIONS There were no comments from the public after resolutions. COMMENTS FROM THE COUNCILMEMBERS AFTER RESOLUTIONS Councilmember Kossow I remembered what I forgot at the last meeting. It was that I had put together an RFP and sent it out to various companies regarding the City website. Fortunately the company s name is actually Revize and it would allow the City to be more attractive for new businesses potential new housing, current housing, tourism. It would be a destination for information for citizens commonly asked questions, (inaudible). Thank you. Councilmember Slisz First of all, you ll have to excuse me. I just came from the doctor, I hit all the traffic, couldn t find my suit coat, so I m glad the Mayor (inaudible). I ve been out to the shoreline yesterday and a couple days ago and this morning I talked to all the workers about what s going on with the bridge and all that, and I ll tell you, it looks great. They broke up the large cement pieces and made small pieces, (inaudible) on the inside and in Caucus we talked about trying to get the whole shoreline done. I think it s about a mile and a half and we might be able to do that and the sooner the better. It looks great. They took all the rebars out of there so the kids can t get hurt, I asked the guy if they were gonna sell that stuff and he said he didn t know. That s about all I have to say today. Councilmember Little I just wanted to say that I took my three year old to the gazebo for that tree lighting and I thought that it was great, a lot of lights over there and we also got to ride on the train which was pretty awesome for the little guy. I just think that it s one good thing that the City has, not just one, there s many, I don t want to get caught up on that, but we did have a good time. And Santa Claus was there too. Thank you. Councilmember Boyle - I was also down there at that Clinton Park. Santa was there also. I want to thank the Police Department for getting Santa down there safely. Also, on Saturday, it was the WinterWalk, too bad we didn t see a lot more people down there, they really want a lot of things for the City, we only see them in certain things and stuff, but WinterWalk was great. Is that where Brenda bought her minks, at your place or what, Kelly? I just gotta keep her out of your store. I think downtown looks pretty good and that s about it. Thank you. Mayor Pilozzi I thank anybody that had anything to do with the Christmas in the Park and the WinterWalk, I think it was a success. Christmas in the Park I guess the only thing that I was kind of concerned about was the guy who played Santa Claus, but I guess he did an okay job. He kissed my wife as soon as he got there. I was kind of worried about that. 274

Councilmember Boyle She ran up to Santa. Mayor Pilozzi I m very happy to announce that we just have a tree inventory assessment grant to the tune of just under $21,000. That should help us in our constant attention to trees in the City. In case anybody doesn t know, the emerald ash bore, we spent thirty some thousand dollars trying to save every tree (inaudible) in the City and I m glad we did it. I didn t like the cost but I also know (inaudible) unnecessarily died. So this particular grant has to do with tree assessment and tree inventory. Lastly, the shoreline stabilization, we were able to secure $500,000 for shoreline stabilization, thinking it was gonna take $250,000 to do 700. It was reported today that s coming grossly under budget, so what our hope is, and Councilmember Slisz already mentioned, that we are gonna have enough funding to get us all the way to the end of Two Mile Creek. That s very important. I really don t know how this community lasted as long as it did, looking at what we had along the River. The way that concrete is laid in there and so on and so forth, you see little kids going on and you just cringe, at any rate, as Councilmember Slisz mentioned, it s coming along nicely and I look forward to hopefully getting it all the way to Two Mile Creek. And there is one other thing, there was a smile on this young lady s face today because we finally got the old telephone kiosk out of the downtown business district and I have to thank Neal Myers, our DPW Superintendent, for that. Thank you. Council President Zeisz I thank you all for coming, have a great night, drive home safely and our next formal meeting is on the 18 th. 275

ADJOURNMENT 259. By Councilmember Little seconded by Councilmember Boyle Resolved, that this Common Council adjourn until, December 18, 2012. 276