Monday, March 1, 2010
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, Public Safety, Development
Excused: Recreation
Approval of Minutes
Moved by Schiavi, seconded by Jaworski to adopt the minutes of the Regular Meeting of February 16, 2010.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Departmental Reports:
• City Compt. – AP Check Listing #29, February 12, 2010.
• City Compt. – AP Check Listing #30, February 18, 2010.
Moved by Jaworski, seconded by Schiavi to receive and file departmental reports one and two.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
COMMUNICATIONS FROM THE COUNCIL:
Lackawanna Line Dance Jamboree:
To: City Council
I am asking for your support for the Lackawanna Line Dance Team to hold a Jamboree on Friday, June 11, 2010 at the Senior Center . This event will be held from 6:30 pm to 9:30 pm. They are requesting the use of 2 large coffee pots. The team will furnish their own coffee and coffee cups. Thank you for your support.
CHUCK JAWORSKI, COUNCIL PRESIDENT
Moved by Jaworski, seconded by Szymanski to approve the request.
Yeas: Noman Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Council Meeting Agenda Change:
To: City Council
I am asking your support in the changes of Council Meeting business order. An Ordinance amending the municipal code of the City of Lackawanna Chapter 5-22, Section A & B is attached for your review. Thank you for your help in this matter.
CHUCK JAWORSKI, COUNCIL PRESIDENT
Moved by Jaworski, seconded by Schiavi to receive and file act on Ordinance 5.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Appointment to Ethics Board – Fino /Sieracki:
To: City Council
I am requesting your support of the appointment of Paul Fino, 87 Circle Lane, Lackawanna , NY and Ray Sieracki, 360 South Shore Blvd. , Lackawanna , NY to the City Board of Ethics. Thank you for your continued support in this matter.
CHUCK JAWORSKI, COUNCIL PRESIDENT
Moved by Schiavi, seconded by Kulczyk to approve the appointments. Appointees to sign Oath of Office Book in City Clerk's Office.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
COMMUNICATIONS FROM DEPARTMENT/DIVISION HEADS:
Sidewalks – Owner Responsibility:
To: City Council
Please have the attached ordinance on the agenda for council approval. Thank you.
ARC. J. PETRICCA, CITY ATTORNEY
Moved by Jaworski, seconded by Schiavi to receive and file, and act on Ordinance.
Yeas: Szymanski, Kulczyk, Schiavi, Jaworski
Nays: Noman CARRIED 4-1
State Reimbursement of Disposal Costs:
To: City Council
Please have the attached resolution, NYSDEC Household Hazardous Waste State Assistance Program, on the agenda for council approve. Thank you.
ARC. J. PETRICCA, CITY ATTORNEY
Moved by Jaworski, seconded by Szymanski to receive and file and act on the ordinance.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Multiple Appointed Board Positions:
To: City Council
Please have the “Ordinance Amending Section 5-46” of the Municipal Code pertaining to holding more than one appointive position, on the agenda for council approval. Thank you.
ARC. J. PETRICCA, CITY ATTORNEY
Moved by Jaworski, seconded by Schiavi to receive and file and act on the ordinance.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
Tax Rate Change-Delinquent Taxes:
To: City Council
Please have the “Ordinance rescinding Section 201-26-27” on the agenda for council approval. Thank you.
ARC. J. PETRICCA, CITY ATTORNEY
Moved by Jaworski seconded by Schiavi to receive and file and act on the ordinance.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
Property Tax – Redemption Period Change:
To: City Council
Please have the “Local Law Establishing the Redemption Period for Property” and “Local Law Establishing the Interest Rate on Late Payment of Taxes” on the agenda for council approval. Thank you.
ARC. J. PETRICCA, CITY ATTORNEY
Moved by Jaworski, seconded by Noman to receive and file and act on the Local Law.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
Steel Winds II Project – Special Use Permit: Complete text on file in Clerk's Office
To: City Council
Erie Winds, LLC has submitted a special use permit for their Steel Winds II project, as you know it needs Council approval. Enclosed is their documentation to support the application. It is the recommendation of this department to approve the permit.
RALPH D. MIRANDA, DIRECTOR OF DEVELOPMENT
Moved by Jaworski seconded by Noman to approve the application for special use permit for Steel Winds II Project.
Yeas: Noman Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
Business Registrations:
To: City Council
Please have the “Ordinance Enacting Section 56 of the City Code on the agenda for council approval. Thank you.
ARC. J. PETRICCA, CITY ATTORNEY
Moved by Schiavi seconded by Kulczyk to receive and file and act on the Ordinance.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
Business Registration Fees:
To: City Council
Please have the “Business Registration Fee Resolution” on the agenda for Council approval. Thank you.
ARC. J. PETRICCA, CITY ATTORNEY
Moved by Jaworski, seconded by Schiavi to receive and file and act on the resolution.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
COMMUNICATIONS FROM CITIZENS:
John Ingram, Remarks :
To: City Clerk
Article 5-106. Board of Ethic regarding members who work for the city and member who do not live in are city.
Article 5-77 Citizen meeting: We are requisition that the Director of Development to please conduct the regular meeting with citizen organization on a regular basis so that they can inform the citizen.
• The Citizen of ward 1 would like there elected representative Abdul Noman to answer the following question. 1. At the council meeting on Feb 16 we gave the council president a copy of the petition about the slaughter house sign by over 200 first ward citizens to give to are mayor we would like you to follow up with the council president on the mayor response. Also we ask this at the last council meeting and receive no response the citizen of ward one want to know are you going to help them concerning the slaughterhouse they are asking this question to know where they stand with their councilman concerning this issue and what other avenue they need to look at. 2. Also at the last council meeting you said that if you have anything to address ward 1 you would contact Pastor Watkins and the Mount Olive Church we would like some clarification on this since there are several other churches in ward 1 and there are other civic group in ward 1 also as the first ward representative we would like for you to explain that if a group or a citizen wishes to speak to you why must they go through a third party on more than one occasion individual have been told they must talk to another individual and when a individual try to talk to you and one sent you letter and it never was address.
Moved by Jaworski, seconded by Schiavi to receive and file.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
Borrero-Request to Forgive Unpaid Taxes and Penalties:
To: City Council
I am Edwin Borrero, owner of two properties located within the City of Lackawanna . Due to various financial situations I have been unable to satisfy my city and school tax obligations and have accrued a substantial amount of arrears, penalties and interest included. 1. The property located at 297 Ridge Road had a business that was forced to close in part due to and caused by the extensive Ridge Road Bridge construction project. It has come to my attention that you have granted some consideration to other taxpayers and reduced their taxes payable in amounts approaching
$50,000.00. I hereby request that you wave any penalties and interest and allow me to remit the base amount of the tax arrears to you in two equal payments. Thank you in advance for your help and consideration with this financial hardship.
Edwin Borrero
Moved by Szymanski, seconded by Jaworski to deny the request and receive and file.
Yeas: Noman Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
Haxton – Citizens Advisory Board:
To: City Council
Certification of action taken at Lackawanna City Council meeting on Dec. 7, 2009 was referred to the Mayor regarding the establishment of a Citizens Advisory Board. It has been almost three months now since I requested the formation of the Citizens Board according to Article XIV, Section 5-108. Citizens' Advisory Committee. This shall consist of 27 members and the citizens “will inform themselves of the community activities which are in progress and those activities which are contemplated and the needs for improvement with respect to planning, code adoption and enforcement, housing, public facilities, urban renewal and other program workable activities; etc.” This committee will also work closely with the “Director of Parks and Recreation to plan, promote, organize and supervise a comprehensive municipal recreation program and administer the same in the interest of the entire community.” Gentlemen, I ask you for an
update on this mandated committee in the City of Lackawanna Code Book and remind you all that without it in force that the City of Lackawanna is in direct violation of our own laws. Thank you in advance for your help with this.
Andrea Haxton
Moved by Jaworski, seconded by Noman to receive and file.
Yeas: Noman. Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
WAIVE RULES:
Moved by Jaworski, seconded by Schiavi to waive the rules so the Council may address the following:
Yeas: Noman. Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
School Election – Use of Buildings:
To: City Council
On behalf of the Lackawanna Board of Education, I am asking if space could be made available for our upcoming May 18, 2010 School Board Election in your Senior Citizen's Center and Bocce Court . The Senior Center will house School District 9 and 10 (which is the City District's 4-2, 4-4 and 4-5) Bocce Court for School District 1 (City District 1-1). The Election will be held on Tuesday, May 18, 2010 between the hours of 12:00 noon to 9:00 P.M. Inspectors would need access to said buildings at 11:30 A.M. on that day. At a later date, you will be notified as to when the voting machines will be delivered and as to when they will be removed after the election. I thank you in advance for you cooperation.
Annette Iafallo, School Board Clerk
Moved by Jaworski, seconded by Schiavi to approve the use of the Sr. Citizen Center and Bocce Court for the School Board Election.
Yeas: Noman, Szymanski, Kulczyk, Schiavi. Jaworski CARRIED 5 – 0
EXECUTIVE SESSION:
Moved by Jaworski, seconded by Schiavi to go into Executive Session to discuss the Gabamonte – vs- City and Andaya – vs- City .
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
Entered into Executive session 7:32 P.M.
Meeting reconvened at 7:54 P.M.
Roll Call: PRESENT: Noman, Szymanski, Kulczyk, Schiavi, Jaworski
Resolutions:
Reimbursement of Fees for Disposal Costs of Hazardous Material:
Resolution No. 7
A resolution urging Governor David Patterson to reimburse the city for disposal costs of hazardous waste material collection in 2009.
WHEREAS, Lackawanna City Council acknowledges its responsibility to keep our communities safe, clean and healthy, and
WHEREAS, household generated hazardous waste is a dangerous and problematic waste stream which increases risk from fire and poisonings if improperly stored, and
WHEREAS, improper disposal of household hazardous waste can pollute our environment, pose a risk to sanitation workers, and impact wildlife, and
WHEREAS, the safe recycling and/or disposal of household generated hazardous waste is a priority for County residents and their elected officials, and
WHEREAS, the New York State Department of Environmental Conservation is authorized by section 54-0705 of the Environmental Conservation Law, and the 6NYCRR Subpart 373-4 Regulations, to enter into contracts on behalf of the State to provide grants to reimburse 50% of expenses to municipalities for Household Hazardous Waste Programs; and
WHEREAS, the City of Lackawanna has, ( through the Northeast Southtowns Solid Waste Management Board (NEST)), worked with Erie County Department of Environment and planning to host an annual collection event to reduce risks, protect the environment and insure proper disposal of household hazardous waste materials, and
WHEREAS, THE City of Lackawanna has paid the disposal costs or a household hazardous waste collection for 2009 , and
WHEREAS, the City of Lackawanna has not received a State reimbursement contract from the application submitted for 2009 program expenses, and
WHEREAS, the City of Lackawanna has not been reimbursed for 50% of the costs generated by the collect event held (May 9, June 20,) 2009, and
WHEREAS, and there is a great concern about the sustainability of the Household Hazardous Waste Collection Program and its ability to continue to offer this important service to residents of Erie County without fiscal assistance from New York State.
NOW, THEREFORE, BE IT RESOLVED, that the Lackawanna City Council does hereby urge New York State Governor David Patterson to release funds necessary to fulfill reimbursement expectations of municipalities which, in good faith, provided Household Hazardous Waste Collection opportunities to residents in2009, and
AND BE IT RESOLVED. That New York State Governor Patterson, is encouraged to continue support and fund this important reimbursement program in 2010 and beyond to protect our residents and our environment, and,
FURTHER RESOLVED, that the Clerk of the Lackawanna City Council shall forward copies of this resolution to Governor Patterson, New York State Comptroller's Office, Senate Majority Leader Pedro Espada Jr., Senate Minority Leader Dean G. Skelos, Assembly Speaker Sheldon Silver, Assembly Minority Leader Ron Canestrari, Assembly Minority Leader Minority Leader Brian Kolb.
THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY
Moved by Schiavi, seconded by Kulczyk to adopt the resolution as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
Business Registration: Resolution No. 8
A Resolution establishing the Business Registration Fee for the City of Lackawanna
WHEREAS, the City Council has enacted a business registration ordinance, and
WHEREAS, said ordinance requires the City Council to establish the fees for said registration.
NOW, THEREFORE, BE IT
Resolved, that the registration fee for the business registration ordinance is $20.00 annually or one-half thereof if registered after July 1 st . Registration is annual and all registrations expire on December 31 st of each year. A person may elect to register for two (2) years for bi-annual fee of $30.00, no fee in refundable.
RESOLVED, that this resolution shall take effect immediately.
Moved by Schiavi, seconded by Kulczyk to adopt the resolution as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
Settlement - Gabamonte –vs- City
Resolution #9, 2010
Moved by Jaworski, seconded by Schiavi to approve the settlement resolution of the personal injury case of Gabamonte –vs- the City of Lackawanna .
Yeas: Noman Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
Settlement - Andaya –vs- City
Resolution #10
Moved by Jaworski, seconded by Schiavi, to approve the resolution settling the personal injury case of Andaya –vs- the City of Lackawanna .
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
ORDINANCES:
Council Meeting Agenda Change:
An Ordinance amending the Municipal Code of the City of Lackawanna, Chapter 5-22, Sections A & B as follows:
5-22.A. – Promptly at the hour set by law on the day of each regular meeting, the members of the Council and the City Clerk shall take their regular stations in the Council Chambers; and the business of the Council shall be taken up for consideration and disposition in the following order:
1. Roll Call
2. Hearings from Citizens
3. Approval of Minutes of previous meetings.
4. Departmental Reports
5. Communications from the Mayor
6. Communications from the Council.
7. Communications from Department/Division Heads.
8. Communications from Citizens.
9. Introduction and adoption of resolutions.
10. Introduction and adoption of ordinances and local laws.
11. Tabled Items.
12. Adjournment.
5-22 B.
In subdivision A (2) above, only communications on the agenda items will be considered. The presiding officer is empowered to waive this restriction if he or she so deems.
This Ordinance shall take effect after the approval and signature of the Mayor.
Moved by Jaworski, seconded by Schiavi to adopt the Ordinance as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
Sidewalk – Responsibility of Owner
An Ordinance imposing liability the owner or occupants of Real Property for repairs and snow, ice and other obstructions:
City Ordinance 194-8 Duty to Maintain Sidewalks is rescinded and reenacted as follows:
194-8 Duty to Maintain Sidewalks:
It shall be the duty of every owner or occupant of any premises fronting or abutting on any public street, highways, traveled road, public lane, alley, square or grounds within the city to keep such sidewalk clear of snow, ice and all other obstructions. Such owner or occupant shall be liable for any injury or damage by reason of their omission, failure or negligence to keep said sidewalk clear of snow, ice or other obstruction.
This Ordinance shall take effect immediately only after the approval and signature of the Mayor.
Moved by Schiavi, seconded by Jaworski to adopt the Ordinance as written
Yeas: Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 4 – 1
Nays: Noman
Dual Appointments:
An Ordinance amending 5-46 of the City Code:
BE IT ENACTED by the City Council that 5-46 of the City Code entitled “Holding more than one appointive position” is changed and amended to read as follows:
1. 5-46 – Holding more than one appointive position. No person shall be appointed to more than one appointive position within the city, provided however, that any department head may be simultaneously appointed to serve as head of any division or office within his or her department in the event of a vacancy caused by death, resignation, removal or leave of the head of any division of office and to assume said duties during the period of said vacancy. Except as hereby permitted any other person holding dual appointments must resign within ten (10) days from one or the other of his appointments. This section does not apply to any non-salaried or uncompensated position on the city's constituted
Boards, commissions or committees.
This Ordinance shall take effective immediately only after the approval and signature of the Mayor.
Moved by Schiavi, seconded by Jaworski to adopt the Ordinance as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
Interest Rate on Delinquent Taxes:
An Ordinance rescinding and reenacting 201-26, 27 of the City Code:
BE IT ENACTED by the City Council of the City of Lackawanna, NY as follows:
• 201-26 of the City Code confirming the City's interest rate of delinquent city real property taxes at eighteen percent (18%) per annum is rescinded.
• 201-26 Amount of interest. The amount of interest to be added on all real property taxes received after the interest-free period on all delinquent real property taxes shall be not less than twenty-four (24%) PER ANNUM AND 1/12 thereof added for each month or fraction thereof until such taxes are paid.
• This Ordinance shall take effect upon the filing of Local Law_____,2010 with the Secretary of State.
Moved by Schiavi, seconded by Jaworski to adopt the Ordinance as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
Registration of Business ( Complete text on file in Clerk's Office)
An Ordinance enacting Section 56 of the City Code of the City of Lackawanna, New York entitled on Ordinance for the registration of business activities in the City.
Moved by Szymanski, seconded by Schiavi to adopt the Ordinance as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
Tax-Late Payment/Delinquent Interest Rates:
A Local Law establishing the Interest Rate on Late Payment of Taxes and Delinquencies:
BE IT ENACTED by the City Council of the City of Lackawanna, NY as follows:
Section 1. The amount of interest to be added on all real property taxes received after the interest free period on all delinquent real property taxes shall be not less than twenty-four per centum (24%) per annum and on-twelfth shall be added for each month or fraction thereof until such taxes are paid.
Section 2. The prior law enacted on August 7, 1995 is hereby rescinded.
Section 3. This local law shall take effect upon its filing with the Secretary of State.
Moved by Jaworski, seconded by Schiavi to adopt the Local Law as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
Tax-Redemption Period on Delinquent Property:
A Local Law Establishing the Redemption Period for Residential or Commercial Property for the City of Lackawanna Real Property Tax District.
BE IT ENACTED by the City Council of the City of Lackawanna, NY as follows:
• Real property subject to a delinquent tax lien may be reduced by payment to the enforcing officer on or before the expiration of the redemption period. The redemption period shall expire two years after the initial lien date.
• The prior redemption period of three years is hereby rescinded.
• This local law shall take effect immediately.
Moved by Schiavi, seconded by Jaworski to adopt the Local Law as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
Adjournment:
Moved by Jaworski, seconded by Schiavi to adjourn the meeting.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 -0
CHUCK JAWORSKI, COUNCIL PRESIDENT
JACQUELINE A. CAFERRO, CITY CLERK
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