COUNCIL MEETING  

MONDAY, JULY 7, 2008

COUNCIL CHAMBERS

www.ci.lackawanna.ny.us

 

Regular session of the Lackawanna City Council met in the Council Chambers, Council President Chuck Jaworski presiding.   The meeting was preceded by the Pledge of Allegiance led by Council President Jaworski.

 

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 approve minutes of June 23, 2008 as written.

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

 

Departmental Reports:

City Compt – AP Check Listing #49, June 19, 2008.

City Compt. – AP Check Listing # 50, June 25, 2008.

City Compt. – AP Check Listing #51, June 30, 2008.

City Treasurer – Receipts deposited into General Fund, June 2008.

 

Moved by Jaworski, seconded by Schiavi to receive and file.

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

Nays: Haxton

Communications from the Council:

Willowdale – Traffic Ordinance

To: City Council

Due to the going misunderstanding in the street named Willowdale, I feel that there should be professional guidelines and regulations put into effect as practice that are in compliance with city policy.   I respectfully request that the council approve the traffic ordinance.

FRANK KULCZYK, THIRD WARD COUNCIL MEMBER

 

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

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

Nays: Haxton

Communications from Department/Division Heads:

Police Personnel City Hall Lobby

To: City Council

The magnetometer that is used to screen persons entering the Lackawanna City Court is being moved from its current location on the second floor to the City Hall Lobby.   This is being done to bring the city into compliance with the codes of OSHA and the NYS Eighth Judicial District, which has agreed to modify their current security services with the City to increase the number of police officers assigned full time to city court from one to two.   Both officers will be fully funded by the State of New York including, salary, overtime and fringe benefits.   The only draw back is that when this officer is assigned to court in mid July, it will take a police officer off the streets and away from patrol work.   I am requesting the city council consider amending the budget by adding one police patrolman at the entry level salary of $34,850.   This will   enable us to appoint an officer for the next academy class which begins on August 4, 2008.

DENNIS O'HARA, POLICE CHIEF

Moved by Jaworski, seconded by Haxton to approve, pending approval of budget amendment ordinance.

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

Lackawanna Dynasty Organization

To: City Council

Requests use of Veterans Stadium for July 19 and August 9, 2008 between the hours of 2 pm and 7 pm, carries a $2,000,000 liability policy.

LARRY LEWIS JR., OWNER

Moved by Haxton, seconded by Szymanski to approve request.

Yeas: Haxton, Szymanski

Nays:   Kulczyk, Schiavi, Jaworski         Motion defeated 3-2

Traffic Ordinance – Willowdale

An ordinance amending Chapter 215, of the City of Lackawanna Municipal Code , Traffic & Vehicles

Be it enacted by the City Council of the City of Lackawanna as follows:

Re: Parking on Willowdale Avenue

There shall be no parking on either side of Willowdale Avenue .

THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY.

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

Yeas:   Kulczyk, Schiavi, Jaworski

Nays:   Haxton, Szymanski                     Carried 3-2

Moved by Jaworski, seconded by Kulczyk to waive rules for the following:

Resolution – regarding roadway and signage

Resolution – adjusting city tax levy for 2008-2009

Resolution – adjusting school tax levy for 2008-2009

Communication from City Comptroller to apply for bonding for street resurfacing

Ordinance   adopting current expense budget for 2008-2009

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

Nays: Haxton

Bond Application for Resurfacing of Streets To:   City council

The mayor has informed me that we have received a grant of over $200,000 from the County of Erie for Demolition of Buildings.   With this being the case, it is not necessary for the city to sell a new bond for demolition and it would benefit the city to use the proposed bonding money for street resurfacing. If your honorable body is in agreement, I will notify our bond council to prepare the necessary bond ordinance, in the amount of $975,000 for street resurfacing.

ROBERT MARCINIAK, CITY COMPTROLLER

Moved by Jaworski, seconded by Szymanski to approve request.

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

Roadway Signs – Resolution # 29, 2008

Whereas, the project for Roadway and Signage Improvements on Ludel, Sandra, Della, Shannon and Josie Streets is eligible for funding under Title 23 US code, as amended that calls for the apportionment of the costs of such program to be borne at the ratio of 80% federal funds and 20% non-federal funds and

Whereas the city is desirous to advance the project by making a commitment of 100% of the non-federal share of the costs;

Be it resolved that the City Council approves the above subject project and it is hereby further

Resolved, that the City Council hereby authorizes the City of Lackawanna to pay in the first instance 100% of the federal and non-federal share of the cost and be it further

Resolved that the sum of $310,000 is hereby appropriated from a capital bond and made available to cover the cost of participation in the above phase of the project; and it is

Further resolved that in the event the amount required to pay in the first instance 100% of federal and non-federal shares exceeds the amount appropriated and/or the full federal and non-federal share of the cost exceeds $595,000, the city shall convene it city council as soon as possible to appropriate said excess amount immediately after notification by the NYSDOT, and be it

Further resolved, that the Mayor is hereby authorized to execute all necessary agreements, certifications or reimbursement requests for federal aid on behind of the City of Lackawanna .

THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY.

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

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

Resolution #30, 2008 – City of Lackawanna Tax Levies

Whereas the City of Lackawanna may adopt locally adjusted base proportions pursuant to Local Law #3, 1993, now therefore be it

Resolved that the City tax levies for 2008-2009 are hereby established:

Shift                                      Homestead                      Non-Homestead

10%                                          43.51568                       56.48432

THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY.

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

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

Nays: Haxton

Resolution # 31, 2008 – School Tax Levies

The City of Lackawanna may adopt locally adjusted base proportions pursuant to Local Law #3, 1993 and the NYS Real Property tax low;

Now therefore be it resolved that for the Lackawanna School District tax levies for fiscal year 2008-2009 is hereby established:

  Shift                                            Homestead                              Non-Homestead

10%                                              45.11477                                     54.88523

THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY

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

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

Nays: Haxton

Budget Ordinance

An ordinance adopting the current expense budget of the City of Lackawanna for the fiscal year 2008-2009.   (complete ordinance on file in the City Clerk's Office)

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

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

Nays: Haxton

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

CHUCK JAWORSKI, COUNCIL PRESIDENT

GERALD DEPASQUALE, DEPUTY CLERK