MONDAY, FEBRUARY 4, 2008

COUNCIL CHAMBERS

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:

Moved by Schiavi, seconded by Jaworski to adopt minutes as written.

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

Departmental Reports:

City Compt. – Statement of Cond. Of Approp. As of 12/31/07.

City Compt. – AP Check Listing #25, 1/17/08.

City Compt. – AP Check Listing #26, 1/24/08

Moved by Jaworski, seconded by Szymanski to receive and file

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

Nays: Haxton

Communications from the Council:

Maximum Exemptions for Veterans

To: City Council

We request Council approval of Local Law increasing the maximum real property tax exemptions allowable for veterans in the City of Lackawanna. This local law allow for the maximum exemptions allowable under Subdivision 2 of Section 458-A of the real property tax law of New York State

CHUCK JAWORSKI, COUNCIL PRESIDENT

GEOFFREY SZYMANSKI, SECOND WARD COUNCIL MEMBER

Moved by Schiavi, seconded by Haxton to receive and file act on local law.

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

Parking on Jackson Street

To: City Council

I request approval of parking ordinance rescinding alternate parking on Jackson Street in Bethlehem Park. I have received numerous complaints from citizens on Jackson Street of problems with the existing alternate parking.

CHUCK JAWORSKI, COUNCIL PRESIDENT

Moved by Jaworski, seconded by Szymanski to receive and file

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

To: City Council

I request approval of parking ordinance restricting parking on the south side of Jackson and Elm Street. I have received numerous complaints from residents. Please adjust the proposed ordinance and erect signage.

ANDREA HAXTON, COUNCIL MEMBER

Moved by Haxton, seconded by Szymanski to receive and file

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

Communications from Department/Division Heads

City Attorney – Attendance at Meetings

To: City Council

Please put the attached ordinance on agenda for council approval.

ARC. J. PETRICCA, CITY ATTY.

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

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

Mobile Homes

To: City Council

Please put the attached ordinance amending Chapter 154, Mobile Homes on the agenda for council approval.

ARC. J. PETRICCA, CITY ATTY

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

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

Amending Chapter 230 – Zoning

To: City Council

Please put the attached ordinance on the agenda for council approval.

ARC. J. PETRICCA, CITY ATTY.

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

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

Sewers

To: City Council

Please put the attached ordinance on the agenda for council approval.

ARC. J. PETRICCA, CITY ATTY.

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

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

Mt. Olive Way

To: City Council

Please put the attached resolution on the agenda for council approval.

ARC. J. PETRICCA, CITY ATTY.

Moved by Haxton, seconded by Jaworski, to grant request.

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

Moved by Jaworski, seconded by Haxton to waive rules.

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

Advertise for City Court Renovations

To: City Council

Please direct the City Clerk to advertise and bid the City Court renovation project contingent on receiving approval from Mr. Andrew Isenberg, District Administrator from the New York State Office of Court Administration.

THOMAS N LOVE, COMM. OF PUBLIC WORKS

Moved by Jaworski, seconded by Haxton, City Clerk is directed to advertise for bids for Court renovation project.

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

Moved by Jaworski, seconded by Szymanski to waive rules

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

Advertise for Bids for Paving of Various Streets

To: City Council

I am requesting your Honorable Body to please direct the City Clerk to advertise for bids for the paving projects for various streets in the 2008 calendar year.

THOMAS N. LOVE, COMM. OF PUBLIC WORKS

Moved by Jaworski, seconded by Szymanski, City Clerk directed to advertise for bids.

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

Miscellaneous

Entertainment License –Nite Capp - Class 2 –mechanical music

Moved by Schiavi, seconded by Szymanski to approve license.

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

Local Law

A local law sponsored by Council President Jaworski and Council Member Szymanski

Increasing the maximum real property tax exemptions allowable for veterans.

The home value cap for veteran exemptions, as provided in the Real Property Tax Law is hereby increased from $80,000 to $120,000

The maximum exemptions allowable under subdivision 2 of Section 458-A of the Real Property Tax Law for the following classes of veterans is hereby increased as follows:

For war veterans - $18,000

For combat veterans - $12,000

For disabled veterans - $60,000

THIS LOCAL LAW SHALL TAKE EFFECT IMMEDIATELY.

Moved by Jaworski and Szymanski, seconded by Haxton to adopt local law.

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

Ordinances

Jackson Street - Parking

An ordinance restricting parking on Jackson Street to north side only.

Moved by Jaworski, seconded by Szymanski to receive and file

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

City Attorney – Council Meetings

An ordinance amending Article X, Section 5-83, mandating City Attorney attendance at council meetings is rescinded, allowing for Assistant City Attorney to represent the City Attorney at Council meetings.

THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY.

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

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

Mobile Homes

An ordinance amending chapter 154, Mobile Homes and Mobile Home Courts of the Code of the City of Lackawanna, in relation to mobile home court compliance with storm water management regulations.

Section 1

Statutory Authority. In accordance with Article 2-A of the General City Code, the City Council has the authority to protect property and preserve and care for the safety, health, comfort and general welfare of the inhabitants of the City and visitors, thereto; to regulate by ordinance any matter within the powers of the city, to provide penalties, forfeitures and imprisonment to punish violations thereof; and to maintain an action or special proceeding in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any such ordinance.

Section 2.

Section 154-17J is amended by adding the following subsection: (3) Drainage facilities, storm water management facilities, and grading shall comply with any Storm water Pollution Prevention Plan required in accordance with Article XII of Chapter 230, Zoning of this Code. Section 3.

This ordinance shall take effect five days after it shall have been adopted by the City Council and after publication of the title and a brief description of this ordinance in the official newspaper of the City of Lackawanna.

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

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

Zoning – Storm Water Pollution

An ordinance amending Chapter 230, Zoning of the City of Lackawanna Municipal Code in relation to storm water pollution prevention. (complete text on file in the City Clerk Office)

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

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

Sewers – Storm Water Sewer System

An ordinance amending Chapter 185, Sewers in relation to the prohibition of illicit discharges, activities and connections to the municipal separate storm sewer system. (complete text on file in the city clerk's office.

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

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

Resolution

Resolution #11, 2008

A resolution designating Wasson Avenue as an honorary dedication as “Mt. Olive Way. Public Works hereby authorized to add this honorary designation to any and all street signs for Wasson Avenue, honoring the church and its congregation.

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

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

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

CHUCK JAWORSKI, COUNCIL PRESIDENT

JACQUELINE A. CAFERRO, CITY CLERK

	CITY COUNCIL MEETING MINUTES



	MONDAY, FEBRUARY 4, 2008 COUNCIL CHAMBERS www.ci.lackawanna.ny.us 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: Moved by Schiavi, seconded by Jaworski to adopt minutes as written. Yeas: Haxton, Szymanski, Kulczyk, Schiavi, Jaworski. Carried 5 - 0 Departmental Reports: City Compt. – Statement of Cond. Of Approp. As of 12/31/07. City Compt. – AP Check Listing #25, 1/17/08. City Compt. – AP Check Listing #26, 1/24/08 Moved by Jaworski, seconded by Szymanski to receive and file Yeas: Szymanski, Kulczyk, Schiavi, Jaworski. Carried 4-1 Nays: Haxton Communications from the Council: Maximum Exemptions for Veterans To: City Council We request Council approval of Local Law increasing the maximum real property tax exemptions allowable for veterans in the City of Lackawanna. This local law allow for the maximum exemptions allowable under Subdivision 2 of Section 458-A of the real property tax law of New York State CHUCK JAWORSKI, COUNCIL PRESIDENT GEOFFREY SZYMANSKI, SECOND WARD COUNCIL MEMBER Moved by Schiavi, seconded by Haxton to receive and file act on local law. Yeas: Haxton, Szymanski, Kulczyk, Schiavi, Jaworski. Carried 5 - 0 Parking on Jackson Street To: City Council I request approval of parking ordinance rescinding alternate parking on Jackson Street in Bethlehem Park. I have received numerous complaints from citizens on Jackson Street of problems with the existing alternate parking. CHUCK JAWORSKI, COUNCIL PRESIDENT Moved by Jaworski, seconded by Szymanski to receive and file Yeas: Haxton, Szymanski, Kulczyk, Schiavi, Jaworski. Carried 5 - 0 To: City Council I request approval of parking ordinance restricting parking on the south side of Jackson and Elm Street. I have received numerous complaints from residents. Please adjust the proposed ordinance and erect signage. ANDREA HAXTON, COUNCIL MEMBER Moved by Haxton, seconded by Szymanski to receive and file Yeas: Haxton, Szymanski, Kulczyk, Schiavi, Jaworski. Carried 5 - 0 Communications from Department/Division Heads City Attorney – Attendance at Meetings To: City Council Please put the attached ordinance on agenda for council approval. ARC. J. PETRICCA, CITY ATTY. Moved by Schiavi, seconded by Jaworski to receive and file, act on ordinance. Yeas: Haxton, Szymanski, Kulczyk, Schiavi, Jaworski. Carried 5 - 0 Mobile Homes To: City Council Please put the attached ordinance amending Chapter 154, Mobile Homes on the agenda for council approval. ARC. J. PETRICCA, CITY ATTY Moved by Jaworski, seconded by Szymanski to receive and file, act on ordinance. Yeas: Haxton, Szymanski, Kulczyk, Schiavi, Jaworski. Carried 5 - 0 Amending Chapter 230 – Zoning To: City Council Please put the attached ordinance on the agenda for council approval. ARC. J. PETRICCA, CITY ATTY. Moved by Schiavi, seconded by Jaworski to receive and file, act on ordinance. Yeas: Haxton, Szymanski, Kulczyk, Schiavi, Jaworski. Carried 5 - 0 Sewers To: City Council Please put the attached ordinance on the agenda for council approval. ARC. J. PETRICCA, CITY ATTY. Moved by Szymanski, seconded by Schiavi to receive and file, act on ordinance. Yeas: Haxton, Szymanski, Kulczyk, Schiavi, Jaworski. Carried 5 - 0 Mt. Olive Way To: City Council Please put the attached resolution on the agenda for council approval. ARC. J. PETRICCA, CITY ATTY. Moved by Haxton, seconded by Jaworski, to grant request. Yeas: Haxton, Szymanski, Kulczyk, Schiavi, Jaworski. Carried 5 - 0 Moved by Jaworski, seconded by Haxton to waive rules. Yeas: Haxton, Szymanski, Kulczyk, Schiavi, Jaworski. Carried 5 - 0 Advertise for City Court Renovations To: City Council Please direct the City Clerk to advertise and bid the City Court renovation project contingent on receiving approval from Mr. Andrew Isenberg, District Administrator from the New York State Office of Court Administration. THOMAS N LOVE, COMM. OF PUBLIC WORKS Moved by Jaworski, seconded by Haxton, City Clerk is directed to advertise for bids for Court renovation project. Yeas: Haxton, Szymanski, Kulczyk, Schiavi, Jaworski. Carried 5 - 0 Moved by Jaworski, seconded by Szymanski to waive rules Yeas: Haxton, Szymanski, Kulczyk, Schiavi, Jaworski. Carried 5 - 0 Advertise for Bids for Paving of Various Streets To: City Council I am requesting your Honorable Body to please direct the City Clerk to advertise for bids for the paving projects for various streets in the 2008 calendar year. THOMAS N. LOVE, COMM. OF PUBLIC WORKS Moved by Jaworski, seconded by Szymanski, City Clerk directed to advertise for bids. Yeas: Haxton, Szymanski, Kulczyk, Schiavi, Jaworski. Carried 5 - 0 Miscellaneous Entertainment License –Nite Capp - Class 2 –mechanical music Moved by Schiavi, seconded by Szymanski to approve license. Yeas: Haxton, Szymanski, Kulczyk, Schiavi, Jaworski. Carried 5 - 0 Local Law A local law sponsored by Council President Jaworski and Council Member Szymanski Increasing the maximum real property tax exemptions allowable for veterans. The home value cap for veteran exemptions, as provided in the Real Property Tax Law is hereby increased from $80,000 to $120,000 The maximum exemptions allowable under subdivision 2 of Section 458-A of the Real Property Tax Law for the following classes of veterans is hereby increased as follows: For war veterans - $18,000 For combat veterans - $12,000 For disabled veterans - $60,000 THIS LOCAL LAW SHALL TAKE EFFECT IMMEDIATELY. Moved by Jaworski and Szymanski, seconded by Haxton to adopt local law. Yeas: Haxton, Szymanski, Kulczyk, Schiavi, Jaworski. Carried 5 - 0 Ordinances Jackson Street - Parking An ordinance restricting parking on Jackson Street to north side only. Moved by Jaworski, seconded by Szymanski to receive and file Yeas: Haxton, Szymanski, Kulczyk, Schiavi, Jaworski. Carried 5 - 0 City Attorney – Council Meetings An ordinance amending Article X, Section 5-83, mandating City Attorney attendance at council meetings is rescinded, allowing for Assistant City Attorney to represent the City Attorney at Council meetings. THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY. Moved by Jaworski, seconded by Schiavi to adopt ordinance as written. Yeas: Haxton, Szymanski, Kulczyk, Schiavi, Jaworski. Carried 5 - 0 Mobile Homes An ordinance amending chapter 154, Mobile Homes and Mobile Home Courts of the Code of the City of Lackawanna, in relation to mobile home court compliance with storm water management regulations. Section 1 Statutory Authority. In accordance with Article 2-A of the General City Code, the City Council has the authority to protect property and preserve and care for the safety, health, comfort and general welfare of the inhabitants of the City and visitors, thereto; to regulate by ordinance any matter within the powers of the city, to provide penalties, forfeitures and imprisonment to punish violations thereof; and to maintain an action or special proceeding in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any such ordinance. Section 2. Section 154-17J is amended by adding the following subsection: (3) Drainage facilities, storm water management facilities, and grading shall comply with any Storm water Pollution Prevention Plan required in accordance with Article XII of Chapter 230, Zoning of this Code. Section 3. This ordinance shall take effect five days after it shall have been adopted by the City Council and after publication of the title and a brief description of this ordinance in the official newspaper of the City of Lackawanna. Moved by Schiavi, seconded by Jaworski to adopt ordinance as written. Yeas: Haxton, Szymanski, Kulczyk, Schiavi, Jaworski. Carried 5 - 0 Zoning – Storm Water Pollution An ordinance amending Chapter 230, Zoning of the City of Lackawanna Municipal Code in relation to storm water pollution prevention. (complete text on file in the City Clerk Office) Moved by Jaworski, seconded by Haxton to adopt ordinance as written. Yeas: Haxton, Szymanski, Kulczyk, Schiavi, Jaworski. Carried 5 - 0 Sewers – Storm Water Sewer System An ordinance amending Chapter 185, Sewers in relation to the prohibition of illicit discharges, activities and connections to the municipal separate storm sewer system. (complete text on file in the city clerk's office. Moved by Schiavi, seconded by Szymanski to adopt ordinance as written. Yeas: Haxton, Szymanski, Kulczyk, Schiavi, Jaworski. Carried 5 - 0 Resolution Resolution #11, 2008 A resolution designating Wasson Avenue as an honorary dedication as “Mt. Olive Way. Public Works hereby authorized to add this honorary designation to any and all street signs for Wasson Avenue, honoring the church and its congregation. Moved by Haxton, seconded by Jaworski to adopt resolution as written. Yeas: Haxton, Szymanski, Kulczyk, Schiavi, Jaworski. Carried 5 - 0 Moved by Szymanski, seconded by Jaworski, meeting is adjourned. CHUCK JAWORSKI, COUNCIL PRESIDENT JACQUELINE A. CAFERRO, CITY CLERK


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