CITY COUNCIL MEETING MINUTES
 
 
 

 
 

MONDAY, JANUARY 7, 2008

www.ci.lackawanna.ny.us

Regular session of the Lackawanna City Council met in the Council Chambers, Council President Chuck Jaworski presiding.   The meeting was preceded by the Pledge of Allegiance led by Council President Jaworski.

Meeting called to order/Pledge of Allegiance

NB: Meeting being recorded.

Roll Call:   Present:   Haxton, Szymanski, Kulczyk, Schiavi, Jaworski

Dept. Heads:   Present:   Law, Public Works, Public Safety, Recreation

Approval of Minutes of regular meeting of December 17, 2008.

Moved by Schiavi, seconded by Szymanski to approve minutes of meeting.

Yeas:   Haxton, Szymanski, Kulczyk, Schiavi, Jaworski    Carried 5-0

Departmental Reports:

City Compt. – AP Check Listing #21, December 13, 2007.

City Compt. – Statement of Cond. Of Approp. As of Nov. 30, 2007.

City Clerk – Monthly report for December 2007

City Treas. – Deposits into General Fund, December 2007.

Moved by Jaworski, seconded by Schiavi, to receive and file

Yeas:   Szymanski, Kulczyk, Schiavi, Jaworski.         Carried   4-1

Nays: Haxton

Communications from the Mayor:

Executive Order – Appointment of Arc. J. Petricca to position of City Attorney.

Moved by Jaworski, seconded by Szymanski to receive and file.

Yeas:   Szymanski, Kulczyk, Schiavi, Jaworski.         Carried   4-1

Nays: Haxton

Appointment Executive Order of Thomas N. Love to position of Commissioner of Public Works.

Moved by Schiavi, seconded by Jaworski to receive and file.

Yeas:   Szymanski, Kulczyk, Schiavi, Jaworski.         Carried   4-1

Nays: Haxton

Executive Order – Appointment of Richard Startek as Director of Public Safety.

Moved by Schiavi, seconded by Jaworski to receive and file.

Yeas:   Haxton, Szymanski, Kulczyk, Schiavi, Jaworski.         Carried   5 - 0

Appointment of Maureen Gambino as Secretary to the Mayor/Fire Chief Secretary .

Moved by Jaworski, seconded by Szymanski to receive and file.

Yeas:    Szymanski, Kulczyk, Schiavi, Jaworski.         Carried   4-1

Nays: Haxton

Executive Order – Appointment of Angelo Iafallo as Director of   Recreation & Parks.

Moved by Schiavi, seconded by Jaworski to receive and file.

Yeas:   Haxton, Szymanski, Kulczyk, Schiavi, Jaworski.         Carried   5 - 0

Communications from Department/Division Heads

City Attorney   - requests Council approval of two ordinances pertaining to garbage and refuse and parking on Johnson Street.

Moved by Jaworski, seconded by Szymanski to receive and file, act on ordinances.

Yeas:   Haxton, Szymanski, Kulczyk, Schiavi, Jaworski.         Carried   5 - 0

City Attorney   - requests Council approval of ordinance regarding the attendance of legal counsel at the Council meetings.

Moved by Schiavi, seconded by Jaworski to receive and file, act on ordinance.

Yeas:   Haxton, Szymanski, Kulczyk, Schiavi, Jaworski.         Carried   5 - 0

City Attorney   - request Council approval of resolution pertaining to the title of property located at 51 North Gates.

Moved by Jaworski, seconded by Schiavi to receive and file, act on resolution.

Yeas:   Haxton, Szymanski, Kulczyk, Schiavi, Jaworski.         Carried   5 - 0

Youth Director   -requests approval to sponsor the 2008 Winter Fest 2008 at the Senior Center, on February 9, 2008.

Moved by Schiavi, seconded by Jaworski to approve request.

Yeas:   Haxton, Szymanski, Kulczyk, Schiavi, Jaworski.         Carried   5 - 0

Entertainment Licenses

Matthew Glab Post – Class 1, Live Music

Moved by Jaworski, seconded by Szymanski to approve request, copy of ordinance stating live music cease at 2:00 am be sent to applicant.

Yeas:   Haxton, Szymanski, Kulczyk, Schiavi, Jaworski.         Carried   5 - 0

Cherrystone – Class 1, Live Music

Moved by Schiavi, seconded by Szymanski to approve request, copy of ordinance stating live music cease at 2 am sent to applicant.

Yeas:    Szymanski, Kulczyk, Schiavi, Jaworski.         Carried   5 - 0

Abstained: Haxton   (abstained vote is recorded as an affirmative, per state law)

Knights of Columbus – Class 2

Moved by Jaworski, seconded by Schiavi, to approve license.

Yeas:   Haxton, Szymanski, Kulczyk, Schiavi, Jaworski.         Carried   5 - 0

American Legion Post 63

Moved by Schiavi, seconded by Jaworski to approve license.

Yeas:   Haxton, Szymanski, Kulczyk, Schiavi, Jaworski.         Carried   5 - 0

Ordinances

Refuse & Garbage

An ordinance revising Chapter 190 Article I Garbage and Refuse as follows:

Be it enacted by the City Council of the City of Lackawanna, New York

Section 190 – 1 – Definitions are amended to add the definition of dumpsters as follows:

Grass – as used in this ordinance includes grass, grass cuttings, grass clippings, weeds, tree and plant roots, all kinds of shrubs or pieces or particles thereof, undergrowth from any and all kinds of vegetation, thickets, brushes, vines and small trees, branches, leaves or pieces of particles thereof in whole or shredded form.

Dumpster – a large metal trash, garbage, rubbish or refuse bin of a kind that is privately owned, emptied or transported to a dump by a specifically equipped truck.

Section 190-3   is amended by adding the following section.

190-3 d. grasses shall not be mixed with garbage, refuse or rubbish or any recyclables.

Section 190-4 is amended to include the following section:

190-4 A. There shall be no grass pickup for any residence or business in the city. It is the responsibility of the owner to dispose of his/her/its grass in an environmentally acceptable manner.

 

Section 190-5 Waste Receptacles

Garbage shall be placed in a galvanized or plastic can or receptacle, which are airtight and water tight to prevent leakage.   Ash, rubbish and refuse shall be placed in separate containers of a like or similar nature.   No grass shall be co-mingled in any such container.

Maximum size of any waste receptacle entitled to city pickup is 32 gallons, provided however the city will not pick up a dumpster or dumpsters regardless of its size or location anywhere in the city.

This ordinance shall take effect on April 15, 2008 and any violations thereof will be prosecuted according to the provisions of the city code.

THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY.

Moved by Jaworski, seconded by Szymanski to adopt ordinance as written.

Yeas:   Haxton, Szymanski, Kulczyk, Schiavi, Jaworski.         Carried   5 - 0

Johnson Street – Alternate Parking

 

An ordinance amending Chapter 215, City of Lackawanna Municipal Code, Traffic & Vehicles

Be it enacted by the City Council of the City of Lackawanna as follows:

Section 1.             Section 215.43 ‘Parking, Standing & Stopping Restrictions' is hereby amended to include the following:

101. Johnson Street

On the west side

No parking from 6 pm   Sunday to 6 pm Wednesday

On the east side

No parking from 6pm Wednesday to 6 pm Sunday

THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY

Moved by Schiavi, seconded by Szymanski to adopt ordinance as written.

Yeas:   Haxton, Szymanski, Kulczyk, Schiavi, Jaworski.          Carried   5 - 0

City Attorney-Council Meetings

An ordinance amending the Administrative Code of the City of Lackawanna, Article X, Section 5-89B is rescinded and reenacted as follows:

Section 5-83 B.

Council Meeting.   The City Attorney or the Assistant City Attorney or the paralegal assistant in the Law Department shall attend all council meetings for the purpose of giving the council any legal advice requested by its members, except that the attendance required herein may be excused by the Council President

THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY.

Moved by Jaworski, seconded by Szymanski to adopt ordinance as written

Yeas:   Haxton, Szymanski, Kulczyk, Schiavi, Jaworski.         Carried   5 - 0

Resolution # 7, 2008 – 51 North Gates

Whereas, 51 North Gates with an SBL number of 141.07-1-5-212   located in the City of Lackawanna, and

Whereas, during the recent sale of this property, questions arose about the status and nature of streets and alleys mentioned in both the title search for 51 North Gates and on Erie County tax maps; and

Whereas, the streets and alleys of concern are described as Lohr Street, Tenth Street, Eleventh Street, Gilbride Avenue and two alleyways 12 feet in width located on either side of Tenth Street and running parallel therewith; and

Whereas, the streets and alleys   referenced above are not currently used and have not been used in recent memory as streets and alleys and more generally as public thoroughfares;

Whereas, the Erie County tax maps and deeds reference all the streets and alleys referenced above as abandoned, if referenced at all; and

Whereas, a thorough search of records for the City of Lackawanna by the City Assessor's Office failed to produce any evidence that the streets and alleys listed above were ever dedicated to the City of Lackawanna, and

Whereas, without dedication of the streets and alleys, the formal procedure of abandonment is not appropriate; and

Whereas, the City of   Lackawanna wishes to assist the current purchaser and seller of 51 North Gates clear title to the property;

Now therefore be it resolved, that the City of Lackawanna claims no right, claim or title to Lohr Street, Tenth Street, Gilbride Avenue, and the two alleyways 12 feet in width located on either side of Tenth Street and running parallel therewith as they affect and relate to 51 North Gates; and it is further

Resolved, that the City Clerk is directed to record this resolution with the Erie County Clerk's Office.

THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY.

Moved by Schiavi, seconded by Haxton to adopt resolution as written.

Yeas:   Haxton, Szymanski, Kulczyk, Schiavi, Jaworski.         Carried   5 - 0

Moved by Jaworski, seconded by Szymanski to waive rules.

Yeas: Szymanski, Kulczyk, Schiavi, Jaworski.         Carried   4-1

Nays: Haxton

Moved by Jaworski, seconded by Szymanski to enter into executive session at 7:18 p.m.

Yeas:    Szymanski, Kulczyk, Schiavi, Jaworski.         Carried   4-1

Nays: Haxton

Meeting reconvened at 7:50 pm

Roll Call:   Present:   Haxton, Szymanski, Kulczyk, Schiavi, Jaworski

Moved by Jaworski, seconded by Szymanski, meeting be adjourned.

CHUCK JAWORSKI, COUNCIL PRESIDENT

______________________________________________________________________________
JACQUELINE A. CAFERRO CITY CLERK

                                                    

 

                
 
 
 
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