COUNCIL MEETING
Tuesday, February 16, 2010
COUNCIL CHAMBERS
Regular Session of the Lackawanna City Council met in the Council Chambers, President Chuck Jaworski presiding. The meeting was preceded by the Pledge of Allegiance led by President Jaworski.
ROLL CALL: Present: Noman, Szymanski, Kulczyk, Schiavi, Jaworski
Dept. Heads Present: Law, Public Works, Recreation, Development
Dept. Heads Absent: Public Safety-excused
Minutes:
Moved by Kulczyk, seconded by Schiavi that the minutes of February 1, 2010 be approved as presented.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Departmental Reports:
• City Compt. – AP Check Listing #26 – January 29, 2010.
• City Compt. – AP Check Listing #27 – February 5, 2010.
• City Compt. – AP Check Listing #28 – February 9, 2010.
• City Treasurer – Receipts deposited into General Fund-January, 2010.
• City Clerk Monthly Report for January, 2010.
Moved by Schiavi, seconded by Jaworski to receive and file monthly reports.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Communications from the Mayor:
Lincoln School – Advertise for Consultant:
To: City Council
I am requesting your Honorable Body advertise for a consultant to enable the 1 st Ward in turning the old Lincoln School building into a community center. This would be a great first step towards positive things to come in the 1 st Ward.
I have previously met with the 1st Ward Housing Steering Committee and we would form a separate committee for this project. The City would be represented by the 1 st Ward Council Member, the Council President and the Mayor.
NORMAN L. POLANSKI, JR., MAYOR
Moved by Jaworski, seconded by Noman to table the request.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski Carried 5-0
Fire Station #3 – Repairs:
To: City Council
I am writing to inform you of my deep concerns for the safety issues that exist at Fire Station No.3 located at 2900 South Park Ave. in the City. The existing brick facades of the building have severe frost damage and some of the walls bowed out and show signs of distress. We have been advised numerous times that this condition is unsafe, and portions of these walls could fail at any time. Falling debris from this building continually poses a life threatening danger to Lackawanna Fire Department personnel as well as the general public as pedestrians utilize the sidewalks in front of this building on a regular basis. In addition, there are other documented structural problems with the building that are not as severe, but are still very troublesome and very costly to correct. The deficiencies herein present a very grave issue as the building's existing condition presents a VERY SIGNIFICANT liability issue for the City of Lackawanna .
In addition, the deteriorated structural condition of this building has resulted in our own Code Enforcement Officer, Mr. Joseph Geyer, putting our Commissioner of Public Works on notice in January of 2009 that the “City must repair or demolish the structure.” Basically, the building has been condemned by the City Code Enforcement Officer and the facility is still being occupied by Lackawanna Fire Dept. personnel, which is totally unacceptable. The problems associated with this building are a direct violation of the Lackawanna Municipal Code, the NYS Building Code as well as Federal OSHA Regulations. A copy of Mr. Geyer's Memorandum to the Commissioner of Public Works dated January 20, 2009 has been attached to this letter for informational purposes. Based on the information contained herein I respectfully request that the Honorable City Council immediately authorize this office to immediately proceed with the conceptual design for constructing a new fire station at the same location and demolishing the existing structure. The conceptual design will allow us to determine the needs of our Fire Dept. and the resources that are required to construct a new facility to adequately serve the general public. Based on the age of the building and its structural condition I feel that the rehabilitation of this facility is not cost effective, and we need to provide a new fire station that will continue to serve this community for many years to come. With this proposition I am looking to consolidate and station all Fire Dept. Personnel at the newly constructed fire hall in an effort to reduce and/or minimize costs to the City of Lackawanna in the future. The proposition of consolidation may assist the City in receiving grant monies to assist us in this effort. It must be noted that implementation of this proposition would include the continued use of Fire Station No.1 on Ridge Rd. and Fire Station No.2 on Abbott Rd. to house existing equipment in the first and fourth wards respectively. I feel that this will provide a long term cost effective solution to the City of Lackawanna in providing the much needed fire protection and emergency services that our City residents need and are most entitled to. I look forward to your positive response to my inquiry and if we need to discuss this further a meeting can be scheduled.
NORMAN L. POLANSKI, JR., MAYOR
Moved by Jaworski, seconded by Schiavi to refer to the Engineering Department to advertise for bids.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Communications from the Council:
Local Law – Cold War Veterans:
To: City Council
Please be advised that I have received the following from Mr. Petricca regarding a local law for the cold war veterans. Please review the local law and I am seeking your support.
CHUCK JAWORSKI, COUNCIL PRESIDENT
A LOCAL LAW in relation to enacting an exemption from real property taxes for Cold War Veterans as authorized by Section 458-b of Real Property Tax Law.
Be it enacted by the Legislature of the County of Erie as follows:
Section 1. Purpose – The purpose of this local law is to make provisions for a Cold War Veterans exemption from Erie County real property taxes and to make such exemption first available and applicable to Erie County real property taxes levied for the 2010 tax year.
Section 2 . Definitions – A. “Cold War Veteran” means a person, male of female, who served on active duty in the United States armed forces, during the time period from 9-2-1945 to 12-26-1991, and was discharged or released there from under honorable conditions.
B.”Armed Forces” Means the United States Army, Navy, Marine Corps, Air Force and Coast Guard.
C. “Active Duty” means full-time duty in the United States armed forces, other than active duty for training.
D. “Service connected” means, with respect to a disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in line of duty on active military, naval or air service.
E. “Qualified owner” means a Cold War Veteran, the spouse of a Cold War veteran, or the unremarried surviving spouse of a deceased Col War Veteran. Where property is owned by more than one qualified owner, the exemption to which each is entitled, may be combined. Where a veteran is also the unmarried surviving spouse of a veteran, such person may also receive any exemption to which the deceased spouse was entitled.
F. “Qualified residential real property” means property owned by a qualified owner which is used for residential purposes; provided, however, that in the event that any portion of such property is not used exclusively for residential purposes, but is used for other purposes, such portion shall be subject to taxation and only the remaining portion used exclusively for residential purposes shall be subject to the exemption provided by this local law. Such property shall be the primary residence of the Cold War veteran of the unremarried surviving spouse is absent from the property due to medical reasons or institutionalization.
G. “Latest state equalization rate” means the latest final equalization rate established by the State Board of Real Property Services pursuant to Article 12 of the Real Property Tax Law.
Section 3. Amount of Exemption
A. Qualifying residential real property shall be exempt from taxation to the extent of 15% of the assessed value of such property; provided, however, that such exemption shall not exceed $12,000 or the product of $12,000 multiplied by the state equalization rate of the assessing unit, whichever is less.
B. In addition to the exemption provided by subdivision A of this section, where the Cold War veteran received a compensation rating from the Untied States Veterans Affairs or the United States Department of Defense because of a service connected disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property, multiplied by 50% of the Cold War veteran disability rating; provided, however, that such exemption shall not exceed $40,000, or the product of $40,000 multiplied by the latest state equalization rate for the assessing unit, whichever is less.
Section 4. Limitations
• The exemption from taxation provided by this local law shall not
be applicable to real property taxes levied or relieved for school purposes.
• If the Cold War veteran receives be eligible funds veterans exemption
pursuant to Section 458 of the Real Property Tax Law of the alternative veteran exemption pursuant to Section 458-a of the Real Property Tax Law, the Cold War veteran shall not be eligible to receive the exemption provided by this local law.
• The exemption provided by subdivision A of Section 3 of this local law shall be granted for a period of 10 years, the commencement of such 10 year period being governed pursuant to this subdivision. Where a qualified owner owns qualifying residential real property on the effective date of this local law, such 10 year period shall commence with Erie County 's 2010 tax year. Where a qualified owner does not own qualifying residential property on the effective date of this local law, such 10 year period shall be measured from the assessment roll prepared pursuant to the first taxable status date occurring at least 60 days after the date of purchase of qualifying residential real property; provided, however, that should the veteran apply for and be granted an exemption on the assessment roll prepared pursuant to a taxable statue date occurring within 60 days after the date of purchase of residential property, such 10 year period shall be measured from the first assessment roll in which the exemption property is sold and replaced with other residential real property, such exemption may be granted pursuant to subdivision A of Section 3 of this local law for the unexpired portion of the 10 year exemption period.
• Application for the exemption shall be made by the owners, or all of the owners, of the property on a form prescribed by the State Board of Real Property Services. The owner or owners shall file the completed form in the assessor's office on or before the first appropriate taxable status date. The exemption shall continue in full force and effect for all appropriate subsequent tax year. Applicants shall be required to refile on or before the appropriate taxable status date of the percentage of disability percentage increases or decreases amount of exemption. Any applicant convicted of willfully making false statement in the application for such exemption shall be subject to penalties prescribed in the Penal Law.
Section 5. Severability
If any clause, sentence, paragraph, subdivision, section or part of this local law or the application thereof to any person, individual, corporation, firm, partnership, entity or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, effect or invalidate the remainder thereof, but shall be confined to its operation to the clause, sentence, paragraph, subdivision, section or part of this law or in its application to the person, individual, corporation, firm, partnership, entity or circumstance directly involved in the controversy in which such order or judgment shall be rendered
Moved by Jaworski, seconded by Szymanski that the local law be tabled.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski Carried 5-0
Communications from Department/Division Heads:
Purchase Offer – 17 Bauder Street :
To: City Council
Mr. Hussein Ali, 15 Bauder St. has submitted a request to purchase the vacant property located at 17 Bauder Street for $300. The parcel has a lot size of 20' x 120' and an assessed value of $3,500. The City will be acquiring the adjacent parcel 141.52-1-8 (21 Bauder) in our next Tax Auction, therefore increasing the current lot to 140' x 120' accommodating two single family homes.
It is my recommendation that the City Council hold these parcels for the development of single family homes. Also the offered price of $300 is inadequate and needs to be increased.
FRANK E. KRAKOWSKI, CITY ASSESSOR
Amendment by Jaworski, seconded by Noman to sell the property for $400.00.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Moved by Jaworski, second by Schiavi to approve the sale and refer to the Law Department to prepare the Ordinance.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Advertise Mowing /Landscaping:
To: City Council
Please instruct the City Clerk to advertise for bids for mowing and landscaping of various recreational and public property areas in the City of Lackawanna .
THOMAS N. LOVE, COMMISSIONER OF PUBLIC WORKS
Moved by Jaworski, seconded by Kulczyk for City Clerk to advertise for bids.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Interest Change – Delinquent Taxes:
To: City Council
I would like your Honorable Body to consider changing Local Law #2, 1995. This Law deals with the interest rate charged on delinquent taxes. Due to the state of the economy it is important that the City of Lackawanna has the funds budgeted from tax revenue on hand to maintain daily activities. Implementing an increase in the rate charged will not effect the majority of our citizens and may increase our delinquent collection due to an increased penalty being charged. I propose increasing the current rate of 1.5% per month to 2.0% per month.
Thank you for your consideration to this matter.
JOYCE WARTHLING, CITY TREASURER
Moved by Jaworski, seconded by Kulczyk to refer to the Law Department.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
COMMUNICATIONS FROM CITIZENS:
John Ingram – Remarks:
To: City Council
Item we would like to see put on agenda
Article – 5-22 Order of Business . The citizen of Lackawanna would like this council to be change back to the way it was so that all citizen may address the council concerning things that affect there community.
Article -5-46 although it is made very clear in the code book that you may not hold more then one appointive position the council continue to dis-obey there own laws and have member who either do not live in lackawanna anymore or who are employee of the town.
• We would like for the councilmen to tell the citizen of Lackawanna on why would all of them would vote on making it so hard for regular citizen to be able to really speak on the issue that is affecting there community.
• We would like for the councilman of the first ward to address the slaughter house issue concerning ward 1.
• We would the council president to take copies of these petition that he will receive to are Mayor. We will give him the petition at the next council meeting. JOHN INGRAM
Moved by Jaworski, seconded by Noman to receive and file the communication.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
TABLED ITEM:
Truck Route Ordinance:
An Ordinance to Protect the Public Safety by Regulating Truck Routes, limiting overweight trucks on roads of the City, limiting turns by oversize trucks and establishing penalties, tabled 12/21/09.
Moved by Jaworski, seconded by Kulczyk that the Ordinance be received and filed.
Yeas: Noman, Kulczyk, Schiavi, Jaworski
Abstain: Szymanski CARRIED 4-0
LATE COMMUNICATION:
Moved by Jaworski, seconded by Schiavi to waive the rules so the Council may address the following request.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Additional Fire Hydrant Fee:
To: City Council
I hereby request that you Honorable Body approve an additional annual hydrant fee in the amount of $916.32 to the Erie County Water Authority. The annual fee is $229.08 per new hydrant and valve assembly for each of the four (4) new hydrant and valve assemblies that will be installed in conjunction with the construction of the Michelle Drive Subdivision. The fee is for annual operation and maintenance cost associated with each hydrant and valve assembly.
THOMAS N. LOVE, COMMISSIONER OF PUBLIC WORKS
Moved by Jaworski, seconded by Kulczyk to approve the additional hydrant fee.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Moved by Jaworski, seconded by Kulczyk meeting is adjourned.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
CHUCK JAWORSKI, COUNCIL PRESIDENT
BARBARA ROSINSKI, DEPUTY CLERK