Tuesday, April 6, 2010
COUNCIL CHAMBER
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, Schiavi, Jaworski
Absent: Kulczyk
Dept. Heads Present: Law, Recreation, Development, Public Safety, Public Works
KULCZYK EXCUSED:
To: City Council
It is with regret that I am unable to attend the Council Meeting on Tuesday, April 6, 2010 due to personal business. Thank you for your understanding in this matter.
FRANCIS KULCZYK, 3 RD WARD COUNCILMAN
Moved by Jaworski, seconded by Schiavi that Councilman Kulczyk be excused.
Yeas: Noman, Szymanski, Schiavi, Jaworski
CARRIED 4 – 0
APPROVE MINUTES:
Moved by Schiavi, seconded by Jaworski to approve the Minutes of March 15, 2010.
Yeas: Noman, Szymanski, Schiavi, Jaworski CARRIED 4 - 0
DEPARTMENTAL REPORTS:
• City Compt. – AP Check Listing #33, March 11, 2010.
• City Compt. – AP Check Listing #34, March 18, 2010.
• City Compt. – Statement of Cond. Of Approp.-February 28, 2010.
Moved by Jaworski, seconded by Schiavi to receive and file the monthly reports.
Yeas: Noman, Szymanski, Schiavi, Jaworski CARRIED 4 – 0
COMMUNICATIONS FROM THE MAYOR:
Veto Ordinance – Registration of Business Activities:
To: City Council
Pursuant to Section 4.4 of the Lackawanna City Charter, I hereby veto the proposed Ordinance for the registration of business activities in the city.
This Ordinance, in its present form, is not what it was intended to be and is burdensome and impossible to enforce.
NORMAN L. POLANSKI, MAYOR
Moved by Jaworski, seconded by Schiavi to receive and file
Yeas: Noman, Szymanski, Schiavi, Jaworski CARRIED 4 –0
COMMUNICATIONS FROM THE COUNCIL:
Reschedule July 12, 2010 Meeting:
To: City Council
Please see the following resolution regarding the July 2010 Council meeting. There is a conflicting schedule and we are rescheduling the July 12, 2010 meeting to July 14, 2010. Thank you for your cooperation in this matter.
CHUCK JAWORSKI, COUNCIL PRESIDENT
Moved by Jaworski, seconded Szymanski, to receive & file and act on the resolution.
Yeas: Noman, Szymanski, Schiavi, Jaworski CARRIED 4-0
COMMUNICATIONS FROM DEPARTMENT/DIVISION HEADS:
Rescind Local Law No. 2, 2007:
. To: City Council
Please put the Rescinding of Local Law No. 2, 2007 on the agenda for council approval. There are time restraints that if not addressed at the next council meeting can negatively affect Phase II Windmill. Thank you.
ARC. J. PETRICCA, CITY ATTORNEY
Moved by Jaworski, seconded by Schiavi to receive & file and act the resolution.
Yeas: Noman, Szymanski, Schiavi, Jaworski
CARRIED 4-0
Advertise for Bids – Fire Safety Materials:
. To: City Council
The Fire Department has received a Fire Prevention & Safety Grant in the amount of $9,500. This money is earmarked to purchase fire & safety material. I ask your Honorable Body to please direct the City Clerk to advertise for bids. Specifications have been prepared and are ready for bid.
RICHARD STARTEK, DIRECTOR OF PUBLIC SAFETY
Moved by Jaworski, seconded by Schiavi to authorize the City Clerk to advertise for bids.
Yeas: Noman, Szymanski, Schiavi, Jaworski
CARRIED 4-0
Advertise for Bids – Emergency Equipment:
. To: City Council
The Fire Department has received Assistance to Firefighters Grant in the amount of $27,476. This money is earmarked to purchase emergency equipment to be placed on the fire trucks. I ask your Honorable Body to please direct the City Clerk to advertise for bids. Specifications have been prepared and are ready for bid.
RICHARD STARTEK, DIRECTOR OF PUBLIC SAFETY
Moved by Szymanski, seconded by Jaworski to authorize the City Clerk to advertise for bids.
Yeas: Noman, Szymanski, Schiavi, Jaworski
CARRIED 4-0
Advertise for Bids – Fire Dept. Phone & Recording System:
To: City Council
The fire department is in need of a new phone and recording system. I ask your Honorable Body to please direct the City Clerk to advertise for bids. Specifications have been prepared and are ready for bid.
RICHARD STARTEK, DIRECTOR OF PUBLIC SAFETY
Moved by Schiavi, seconded by Szymanski to authorize the City Clerk to advertise for bids.
Yeas: Noman, Szymanski, Schiavi, Jaworski
CARRIED 4-0
Award bids – Grass Cutting:
. To: City Council
On Wednesday, March 17, 2010, the City Clerk opened sealed bids for grass cutting at various recreational and public property areas in Lackawanna for the upcoming season. The bids are as follows:
VIP Property Maintenance - $1,431.00 Emerald Dunes - $1,270.00
Therefore, I am requesting your Honorable Body award the bids to both VIP Property Management and Emerald Dunes.
THOMAS N. LOVE, COMMISSIONER OF PUBLIC WORKS
Moved by Jaworski, seconded by Noman to award the contract to VIP Property
Maintenance and Emerald Dunes.
Yeas: Noman, Szymanski, Schiavi, Jaworski
CARRIED 4-0
Advertise for Paving Bids:
. To: City Council
Please direct the City Clerk to advertise for bids for various paving projects during the 2010 paving season.
THOMAS N. LOVE, COMMISSIONER OF PUBLIC WORKS
Moved by Schiavi, seconded by Noman to authorize the City Clerk to advertise for bids.
Yeas: Noman, Szymanski, Schaivi, Jaworski
CARRIED 4-0
Advertise for Bids – Rehabilitation of Public Works Building :
. To: City Council
Please direct the City Clerk to advertise for bids for the rehabilitation of the Department pf Public Works Building .
THOMAS N. LOVE, COMMISSIONER OF PUBLIC WORK
Moved by Schiavi, seconded by Noman to authorize the City Clerk to advertise for bids.
Yeas: Noman, Szymanski, Schiavi, Jaworski
CARRIED 4-0
Advertise for Bids – Demolition Projects:
. To: City Council
I am asking you Honorable Body to allow for the advertisement for the demolition projects list below. We have money available, the number of properties demolished will depend on the funds. These are listed in no particular order.
53 Stearns 30 Victory Ave. 31 Holland Ave.
27 & 23 Green 32 Ingham Ave. 305 & 231 Ridge Rd.
RALPH D. MIRANDA, DIRECTOR OF DEVELOPMENT
Moved by Szymanski, seconded by Noman to authorize the City Clerk to advertise for bids for the demolition projects.
Yeas: Noman, Szymanski, Schiavi, Jaworski
CARRIED 4-0
WAIVE RULES:
Moved by Szymanski, seconded by Schiavi to waive the rules and introduce a new item.
Yeas: Noman, Szymanski, Schiavi, Jaworski
CARRIED 4-0
Advertise for Bids – Oxygen Generating System:
The fire department has received a legislative grant in the amount o $21,675. This money is earmarked to purchase an oxygen generating system. I ask your Honorable Body to please direct the City Clerk to advertise for bids. Specifications are in the process of being prepared.
RICHARD STARTEK, DIRECTOR OF PUBLIC SAFETY
Moved by Szymasnski, seconded by Jaworski to authorize the City Clerk to advertise for bids for oxygen generating system.
Yeas: Noman, Szymanski, Schiavi, Jaworski
CARRIED 4-0
WAIVE RULES:
Moved by Jaworski, seconded by Szymanski to waive the rules to introduce a new item.
Yeas: Noman. Szymanski, Schiavi, Jaworski
CARRIED 4-0
Employment of Retired Police Officers – Resolution No. 13, 2010
Re: RESOLUTION AUTHORIZES THE DIRECTOR OF PUBLIC SAFETY TO EMPLOY RETIRED CITY POLICE AND HAVE THE POWERS OF PEACE OFFICERS AS SET FORTH IN 2:20 OF THE CRIMINAL PROCEDURE LAW.
WHEREAS, Criminal Procedure Law 210.37 designates special patrolmen of a political subdivision appointed pursuant to 209-v of the General Municipal Law as peace officers, and
WHEREAS, General Municipal Law allows a municipality to employ retired former members of police or sheriff's departments of the division of state police or retired correction, parole or probation officers for the purpose of providing special patrolmen in publicly owned property within the city, including property of our school district in order to protect the property or persons on such premises, and
WHEREAS, the aforesaid General Municipal Law 209-v provides that persons so employed shall have all the powers of peace officers as set forth in 2.20 of the Criminal Procedure Law when performing such duties as described above.
NOW, THEREFORE, BE IT
RESOLVED, the Council hereby authorizes the Director of Public Safety to employ retired former members of the city's police department for the purpose of providing special patrolmen in publicly owned property within the city, including property of the school district, and it is further
RESOLVED, that the persons shall have the powers of peace officers as set forth in 2.20 of the Criminal Procedure Law when performing such duties, and it is further
RESOLVED, that the City Council shall have the power to fix the compensation of persons so employed either at annual or per diem rates. Employment provided for in this resolution shall be subject to the provisions Article Seven of the Retirement and Social Security Law.
RESOLVED, that this resolution shall take effect immediately.
Moved by Jaworski, seconded by Szymanski to adopt the resolution as presented
Yeas: Noman, Szymanski, Schiavi, Jaworski
CARRIED 4-0
RESOLUTIONS:
Change July Meeting Date – Resolution #14, 2010:
WHEREAS, this Council has scheduled the July 12, 2010 meeting to be held in the Council Chambers of City Hall, Lackawanna, New York, and
WHEREAS, the meeting date will be changed to July 14, 2010 and held in the Council Chambers of City Hall, Lackawanna, New York, and
NOW, THEREFORE, BE IT RESOLVED, that the scheduled meeting of July 14, 2010 be held at 714 Ridge Road, Lackawanna, New York, caucus at 6:30 pm and meeting at 7:00 pm.
THIS RESOLUTION TO TAKE EFFECT IMMEDIATELY
Moved by Szymanski, seconded by Jaworski to adopt the resolution as presented
Yeas: Noman, Szymanski, Schiavi, Jaworski
CARRIED 4-0
LOCAL LAWS: LOCAL LAW NO. 3, 2010:
A LOCAL LAW RESCINDING LOCAL LAW NO. 2, 2007.
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 immediately.
• 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 Jaworski, seconded by Schiavi that Real Property Exemption under section 487 of the New York State Real Property Tax Law for Wind Energy Systems is restored.
Yeas: Noman, Szymanski, Schiavi, Jaworski
CARRIED 4-0
ADJOURNMENT:
Moved by Schiavi, seconded by Szymanski the meeting be adjourned
Yeas: Noman, Szymanski, Schiavi, Jaworski
CARRIED 4-0
CHUCK JAWORSKI, COUNCIL PRESIDENT
BARBARA ROSINSKI, DEPUTY CITY CLERK