Monday, March 15, 2010
Regular Session of the Lackawanna City Council met in the Council Chambers, PresidentChuck 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, Recreation, Development, Public Safety
Dept. Heads: Excused: Public Works
Approval of Minutes of March 1, 2010.
Moved by Schiavi, seconded by Szymanski to approve the Minutes of March 1, 2010.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
Departmental Reports:
• City Compt. – A/P Check Listing #31, February 26, 2010.
• City Compt. – A/P Check Listing #32, March 4, 2010.
• City Clerk – Monthly report for February, 2010.
• City Treas. – Deposits into General Fund – February, 2010.
Moved by Schiavi, seconded by Jaworski to receive and file the monthly reports.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 –O
COMMUNICATIONS FROM THE COUNCIL:
Flood Insurance – Szymanski:
To: City Council
I request approval of the resolution asking our representatives to remove the unfair burden of having to pay flood insurance.
GEOFFREY SZYMANSKI, SECOND WARD COUNCIL MEMBER
Moved by Jaworski, seconded by Szymanski to receive and file and act on the resolution.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
COMMUNICATIONS FROM DEPARTMENT/DIVISION HEADS:
Library-Disability Management – Fiber Optic Service:
To: City Council:
Please put the Disability Management Association Resolution and Fiber Optic Service to Lackawanna Library Resolution on the agenda for Council approval. Thank you.
ARC. J. PETRICCA, CITY ATTORNEY
Moved by Jaworski, seconded by Kulczyk to receive and file and act on the resolution.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
Sale – 127 Well Street :
To: City Council
Please put the Sale of 127 Well Street Ordinance to Douglas Prince on the agenda for Council approval. Thank you.
Arc. 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
Sale – 17 Bauder Street :
To: City Council
Please put the sale of 17 Bauder Street Ordinance to Ali Hussein 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
Rescind Local Law #2, 2007- Tax Exemption Wind Energy
To: City Council:
Please put Local Law No. 2, 2007 on the agenda for Council approval. Thank you.
ARC. J. PETRICCA, CITY ATTORNEY
Moved by Jaworski, seconded by Schiavi to table for study.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski Carried 5-0
COMMUNICATIONS FROM CITIZENS:
Ingram – Various Questions:
To: City Council
What is the noise ordinance.
What is the foul odor ordinance.
Who is the contact for pest Control.
Where does the blighted area in Lackawanna start and end.
What is the dumpster requirement for stores and restaurants
Will proposed restaurant at 155 Ridge Road go before the Planning Board.
Did Department of Development, Code Enforcement or Mayor check for sanitation history regarding slaughter house in Brooklyn own by Mustafa and Yousef Jarah.
We would appreciate a written response for request listed if possible.
JOHN INGRAM
Moved by Jaworski, seconded by Schiavi to grant permission to John Ingram to speak on the above.
Yeas: Noman Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
RESOLUTIONS:
Request Removal of Flood Zone:
Resolution # 11, 2010
A Resolution submitted by Councilman Szymanski RE: Requesting Lackawanna's Congressional Representatives Remove Lackawanna's Flood Zone
WHEREAS, the City of Lackawanna has a flood zone covering a large section of the City's residential units, and
WHEREAS, many residents in the City of Lackawanna are on the brink of financial devastation due to this unfair burden of an unwarranted fee, and
WHEREAS, flood zone insurance doesn't cover any potion of the homeowner's property, but rather covers the lending bank's interests, and
WHEREAS , the City of Lackawanna , through the Army Corps of Engineers, has a creek (Smokes Creek) running through the City, with the intent to prevent flooding, and
WHEREAS, Smokes Creek has not flooded in over fifty(50) years, and
WHEREAS, the City of Lackawanna is considered a financially depressed area of Western New York , in which there are large pockets of our community under the poverty level, and
WHEREAS, many residents have to pay over one thousand dollars ($1,000.00) per year, adding an additional thirty thousand dollars ($30,000.00) to the payments of a house over a thirty year mortgage, and
WHEREAS, the residents o the City of Lackawanna are fed up with paying what is considered an unfair and unnecessary tax on their property , and
WHEREAS, previous attempts to have the City of Lackawanna removed from the flood zone have not even brought a letter or phone call acknowledging that our congressional representatives even read our resolutions.
WE WANT ACTION FROM YOU – OUR FEDERAL OFFICIALS
NOW, THEREFORE, BE IT RESOLVED, the residents of the City of Lackawanna are demanding that our federal representatives for our City, remove the unfair burden of having to pay a flood zone that hasn't flooded in over fifty (50) years, and be it further
RESOLVED, that the City of Lackawanna is not only interested in having our federal delegation acknowledge receipt of this resolution, but more importantly, are interested in the steps our federal Senators and Congressmen are going to take to release the City from the flood zone, and be it further
RESOLVED, that a certified copy of this resolution be sent to Senator Schumer, Senator Gillibrand and Congressman Higgins, and be it further
RESOLVED, that the elected officials, and residents, are anxiously awaiting a reply from your honorable offices, and be it further
RESOLVED, we anticipate that a written letter from your offices will be received by our City Clerk by May 1 st , 2010, and be it further
RESOLVED, that this is the second resolution demanding a response from your respective offices, THE FIRST RESOLUTION WAS IGNORED BY ALL THREE OF YOU.
THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY.
Submittee by Geoffrey M. Szymanski, 2nd Ward Councilman – City of Lackawanna
Moved by Schiavi, seconded by Noman, Szymanski, Kulczyk, and Jaworski to adopt resolution as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
Disability Management Services – City Health Authority:
WHEREAS, the City has the duty and obligation to oversee employee personal injury claims for an on-duty injury under GML 207(a)(c), differential pay under Worker's Compensation Law and sick benefits claims under the City's Collective Bargaining Agreements, and
WHEREAS, the scope of such responsibility is beyond the limited Civil Service Office or the services of a general practice physician, and
WHEREAS, Disability Management Services, Inc. is a duly qualified company providing medical claims oversight and inspections for municipalities.
NOW, THEREFORE, BE IT
RESOLVED, that Disabilities Management Services, Inc. has designated an
agent of the City to perform the duties as the city's health authority to assist it in
its oversight and inspection duties in managing GML 207(a)(c), differential salary payments under Worker's Compensation Law claims and the sick benefits claims under the City's collective bargaining agreements, on an as needed basis.
RESOLVED. That this resolution shall take effect immediately.
Moved by Jaworski, seconded by Schiavi to table for study.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
FIBER OPTICS – LACKAWANNA LIBRARY:
Resolution # 12, 2010
WHEREAS, the Erie County Library system has the funds and plans to provide fiber optic service to service the library building at 560 Ridge Road, and
NOW, THEREFORE, BE IT
RESOLVED , that the Lackawanna Library Board is hereby authorized to approve said fiber optic installation to service said building.
RESOLVED, that this resolution shall take effect immediately.
Moved by Szymanski, seconded by Schiavi to adopt the resolution as written.
Yeas: Noman Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
ORDINANCES:
Sale of 127 Well Street – Prince:
An ordinance authorizing the sale of property.
BE IT ENACTED BY THE City Council of the City of Lackawanna, New York as follows:
SECTION 1. That the City Council hereby approves of the transfer of property known as SBL 141.59-3-7.11. (127 Well Street )
SECTION 2. That the transfer is made for the sum of $500.00 cash to the City of Lackawanna . The deed shall contain a reverted clause providing for a reversion to the City unless the deed is recorded in the Erie County Clerk's Office within 30 days of its delivery.
SECTION 3. That the purchaser/transferee shall be responsible for expenses related to the transfer other than those specifically belonging to the City of Lackawanna .
SECTION 4. That the Law Department shall prepare documents to be executed for the transfer of the property.
THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY ONLY AFTER THE APPROVAL AND SIGNATURE OF THE MAYOR.
Moved by Jaworski, seconded by Noman to adopt the Ordinance as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
Sale 17 Bauder Street – Hussein Ali:
AN ORDINANCE AUTHORIZING THE SALE/TRANSFER OF PROPERTY PURSUANT TO MUNICIPAL CODE SECTION 107.
BR IT ENACTED by the City Council of the City of Lackawanna, New York as follows:
SECTION 1. That the City Council hereby approves the transfer of property known as SBL 141.52-1-7.1. ( 17 Bauder Street )
SECTION 2. That the transfer is made for the sum of $400.00 cash to the City of Lackawanna . The deed shall contain a reverter clause providing for a reversion to the City unless the deed is recorded in the Erie County Clerk's Office within 30 days of its delivery.
SECTION 3. That the purchaser/transferee shall be responsible for expenses related to the transfer other than those specifically belonging to the City of Lackawanna .
SECTION 4. That the Law Department shall prepare documents to be executed for the transfer of the property.
THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY ONLY AFTER THE APPROVAL AND SIGNATURE OF THE MAYOR.
Moved by Schiavi, seconded by Noman to adopt the ordinance as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
LOCAL LAW:
NYS Property Tax Law – Wind Energy Systems- tax exemption
BE IT ENACTED BY THE City Council of the City of Lackawanna, New York as follows:
• Local Law No.2, 2007 is hereby rescinded and the real property tax exemption available to it under Section 487 of the New York State Real Property Tax Law for Wind Energy Systems is therefore restored.
• This local law shall take effect restored.
• A copy of this law shall be filed with the State Board of Equalization and Assessment and the New York State Energy and Development Authority (NYSERDA) and the City Assessor.
Moved by Szymanski seconded by Jaworski to TABLE for study.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
TABLED ITEMS:
Proclamation – Lackawanna Historical Society:
A Proclamation given to the Lackawanna Historical Society for recognition of their accomplishments within the City of Lackawanna .
Adjournment:
Moved by Kulczyk, seconded by Schiavi meeting is adjourned.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5 – 0
CHUCK JAWORSKI, COUNCIL PRESIDENT
JACQUELINE A. CAFERRO, CITY CLERK