COUNCIL MEETING
MONDAY, AUGUST 16, 2010
COUNCIL CHAMBERS
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.
Meeting called to order/Pledge of Allegiance
N.B. Meeting being recorded
Roll Call: Present: Noman, Szymanski, Kulczyk, Schiavi, Jaworski
Dept. Heads: Present: Law, Public Safety, Development, Public Works, Recreation
Hearings from Citizens
Approval of Minutes:
Moved by Schiavi, seconded by Jaworski to adopt the minutes of the Regular Meeting of July 14, 2010 and Special Meeting of August 6, 2010, as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Departmental Reports:
• City Compt. – Statement of Approp. as of June 30, 2010
• City Compt. – AP Check Listing #51, July 8, 2010
• City Compt. – AP Check Listing #52, July 15, 2010
• City Compt. – AP Check Listing #53, July 22, 2010
• City Compt. – AP Check Listing #54, July 27, 2010
• City Clerk – Monthly Report for July, 2010
• City Treas – Receipts deposited into General Fund, July, 2010
Moved by Schiavi, seconded by Kulczyk the departmental reports one through seven be received and filed.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Communications from the Council:
Honor D. Palmer–Silver Medalist NYS Empire Games:
To: City Council
Please help me in honoring Dante Palmer with this proclamation for
winning a Silver Medal at the recent New York State Empire Games. We would like to congratulate him with this proclamation we are presenting today.
CHUCK JAWORSKI, COUNCIL PRESIDENT
Moved by Jaworski, seconded by Noman, Szymanski, Kulczyk, and Schiavi to honor Dante Palmer for winning special silver medal at the NYS Empire Games.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Terry Hannon Intent to Retire:
To: City Council
I am requesting your Honorable Body to waive the twelve month declaration of intent to retire for Mr. Terry Hannon. Thank you for your immediate attention to this matter.
CHUCK JAWORSKI, COUNCIL PRESIDENT
Moved by Jaworski, seconded by Schiavi to grant the request.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Use Stadium Parking Lot:
To: City Council
I am asking for your approval for the Lackawanna Fire Department to use the Veteran's Stadium parking lot on September 25, 2010 at 9:00 A.M. for the starting point of their motorcycle run for the National Kidney Foundation. A letter from the Fire Department is attached for your review. Thank you for your support.
CHUCK JAWORSKI, COUNCIL PRESIDENT
Moved by Kulczyk, seconded by Szymanski to approve the request.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Stray Cats Regulations & Restrictions:
To: City Council
Please review the attached ordinance by the Law Department pertaining to cats. I am seeking your support in passing this ordinance
CHUCK JAWORSKI, COUNCIL PRESIDENT
Moved by Jaworski, seconded by Schiavi to receive and file, act on ordinance.
Yeas: Noman, Kulczyk, Schiavi, Jaworski
Nays: Szymanski CARRIED 4-1
School District Use of Stadium:
To: City Council
I hereby submit and ask approval for the request made by the Lackawanna City School District to use Veterans Stadium for their 2010-2011 fall sport season. Game schedules will be forwarded to the City Council as soon as they become finalized and proof of insurance will be forwarded with the schedules as well.
CHUCK JAWORSKI, COUNCIL PRESIDENT
Moved by Jaworski, seconded by Noman to approve the request.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
EXECUTIVE SESSION:
Moved by Jaworski, seconded by Szymanski to enter into executive session at 7:30 pm.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Moved by Jaworski, seconded by Szymanski to reconvene the meeting at 7:45 p.m. CARRIED 5-0
Roll Call: Present: Noman, Szymanski, Kulczyk, Schiavi, Jaworski
Restore Crossing Guards:
• To: City Council
As school is about to begin I would like to recommend restoring Crossing Guards to our City Budget. This can be classified seasonal work and no unemployment benefits can be made against the City of Lackawanna . After talking with our Public Safety Director, he advised me the checker position can be eliminated and taken over by the Police Lieutenant on duty. We would transfer $69,120 from the General Fund to code A3120.106. I am asking for your support to restore the Crossing Guards to protect our children in our City.
CHUCK JAWORSKI, COUNCIL PRESIDENT
Moved by Szymanski, seconded Noman to amend the communication regarding restoring Crossing Guards to include funding to restore all manpower who were previously excluded in the City Budget.
Yeas: Noman, Szymanski
Nays: Kulczyk, Schiavi, Jaworski MOTION FAILED 3-2
Moved by Jaworski, seconded by Szymanski to receive and file, act on the ordinance.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Communications from Department /Division Heads:
Sale of City Owned Property Moratorium:
• To: City Council
Tom Love, Joyce Warthling, Frank Krakowski and Ralph D. Miranda
request the Council to place a 12 month moratorium on selling City owned property until a work session can be scheduled with us to discuss ways of recouping funds spent on demolition and maintenance of these properties.
Tom Love, Frank Krakowski, Joyce Warthling, Ralph D. Miranda
Moved by Jaworski, seconded by Schiavi to amend, and approving a three (3) month moratorium of selling City owned property to include Ridge Rd., South Park, Rte. 5 and Abbott Road .
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Intent to Retire Jacqueline Caferro:
To: City Council
Please let this letter serve as notification of my intent to retire on October 15, 2010. I am requesting your Honorable Body waive the twelve month declaration of intent to retire and approve my working on a part time basis for the balance of my appointment.
JACQUELINE CAFERRO, CITY CLERK
Moved by Jaworski, seconded by Kulczyk that the request be approved.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Joint Easement Martin Rd :
To: City Council
Please put the attached resolution on the agenda for Council approval. Thank you.
ARC. J. PETRICCA, CITY ATTORNEY
Moved by Jaworski, seconded by Szymanski to receive & file, act on resolution.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Covenants Martin Rd. Subdivision:
To: City Council
Please include in the agenda for August 16, 2010, regarding covenants for Martin Road Subdivision.
ARC. J. PETRICCA, CITY ATTORNEY
Moved by Jaworski, seconded by Kulczyk to receive and file, act on resolution
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Sale of Ridge Rd , Center St & Steelawanna Properties:
To: City Council
Please put the attached ordinances for the sale of 233 Ridge Rd , 142 Center St , and 73 Steelawanna on the agenda for Council approval. Thank you.
ARC. J. PETRICCA, CITY ATTORNE
Moved by Jaworski, seconded by Noman to receive & file, act on resolution
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Assessor Attend Seminar:
To: City Council
I am requesting approval to attend the New York State Assessors Annual Meeting from Sept. 26 th – 29 th , 2010; funds are available in the assessor's current budget for the training portion, travel however will be reimbursed by the State of New York .
FRANK E. KRAKOWSKI, CITY ASSESSOR
Moved by Jaworski, seconded by Schiavi permission is granted.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Amend Steel Winds II Project:
To: City Council
For your review and approval attached is the proposal for the possible decommissioning of the Steel Winds II Wind Project amended by the enclosed letter increasing the security from $99,153.00 to $160,000.00 and authorizing the mayor to accept the proposal and to sign same.
ARC. J. PETRICCA, CITY ATORNEY
Moved by Jaworski, seconded by Szymanski to receive & file, act on resolution
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Revised Agreement Steel Winds II Project:
To: City Council
Attached is the revised PILOT agreement for Steel Winds II Wind Project for your review and approval. Please disregard the prior submission.
ARC J. PETRICCA, CITY ATTORNEY
Moved by Jaworski, seconded by Schiavi to receive & file, act on resolution.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Intent to Retire Credits-Ken Brown:
To: City Council
Based on case law holding the decision of the State Comptroller on local decisions regarding pensions and pension rights of New York State Public Employees Retirement System the decision of the New York State Comptroller regarding the credits of Kenneth Brown at more than 20 years prevails. Therefore, the attached resolution is requested to resolve the conflict.
ARC. J. PETRICCA, CITY ATTORNEY
Moved by Jaworski, seconded by Szymanski to receive & file, act on resolution.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Edna Place Block Party:
To: City Council
The residents of Edna Place between Center and Franklin Streets, request permission to hold a block party on Saturday, August 21 st . We would like to have the street closed between 1:00 p.m. to 9:00 p.m. Can the City provide barricades and notify the police and fire departments? Thank you for your time and consideration.
DEAN J. OTOKA
Moved by Szymanski, seconded by Jaworski that the request be approved.
Yeas: Noman. Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Martin Rd. Subdivision Easement – Resolution 22, 2010:
RESOLVED, that the attached easement for Martin Road Subdivision is approved
and the Mayor authorized to sign same.
RESOLVED, that this resolution shall take effective immediately.
Moved by Jaworski, seconded by Schiavi to adopt the resolution as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Martin Rd. Subdivision Covenants-Resolution 23, 2010:
WHEREAS, the City of Lackawanna desires to restrict the use and enjoyment of all lots in the Martin Road Subdivision and does hereby declare that all lots in said subdivision shall be subject to the following covenants, which the mayor's signing and filing thereof is hereby approved as follows. (On file in Clerk's Office)
Moved by Schiavi, seconded by Jaworski to adopt the resolution as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Steel Winds II Decommissioning Costs-Resolution 24, 2010:
WHEREAS, that the attached decommissioning agreement providing for a letter of credit for $160,000.oo to the City to underwrite possible future decommissioning of the Steel Winds II Wind Project be and the same is hereby approved. (On file in Clerk's Office)
Moved by Jaworski, seconded by Schiavi to adopt the resolution as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
RPTL.487-Tax Agreement-Erie Wind-Resolution 25, 2010:
RESOLVED, that the attached contract for RPTL.487 Payment in Lieu of Tax Agreement with Erie Wind LLC and the City of Lackawanna in hereby approved and the Mayor authorized to sign same.
Moved by Jaworski, seconded by Szymanski to adopt the resolution as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Kenneth Brown Retirement Retirement-Resolution 26, 2010:
RESOLVED, that the New York State Comptroller decision in approving the retirement application of Kenneth Brown certifying more than 20 years continuous service credit with the City of Lackawanna, excluding the 3 year incentive credit allowed by the State of New York, is controlling on the City of Lackawanna and he is therefore entitled to his City retirement incentive and all his retirement benefits as a 20 year employee as provided in it's local union's Collective Bargaining Agreement with the City.
Moved by Jaworski, seconded by Schiavi to adopt the resolution as written
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Ordinances
Stray Cats Ordinance:
Moved by Schiavi, seconded by Jaworski to adopt the Ordinance regulating and restricting activities of stray cats within the city, as written. (On file in Clerk's Office)
Yeas: Noman, Kulczyk, Schiavi, Jaworski
Nays: Szymanski CARRIED 4-1
Sale of 142 Center St .
AN ORDINANCE AUTHORIZING THE SALE/TRANSFER OF PROPERTY PURSUANT TO MUNICIPAL CODE SECTION 107.
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 142.45-4-37.
SECTION 2. That the transfer is made for the sum of $10,100.00 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.
Moved by Jaworski, seconded by Schiavi, to adopt the ordinance as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Sale of 73 Steelawanna:
AN ORDINANCE AUTHORIZING THE SALE/TRANSFER OF PROPERTY PURSUANT TO MUNICIPAL CODE SECTION 107.
BE IT ENACTED by the City Council of the City of Lackawanna, New York as follows:
SECTION 1. That the City Council hereby approved of the transfer of property known as SBL 141.43-2-26-1.
SECTION 2. That the transfer is made for the sum of $1,000.00 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.
Moved by Jaworski, seconded by Noman to adopt the ordinance as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Sale of 233 Ridge Road :
AN ORDINANCE AUTHORIZING THE SALE/TRANSFER OF PROPERTY
PURSUANT TO MUNICIPAL CODE SECTION 107.
BE IT ENACTED by the City Council of the City of Lackawanna, New York as follows:
SECTION 1. That the City Council hereby approved the transfer of property know as SBL 141.43-7-4.
SECTION 2. That the transfer is made for the sum of $500.00 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.
SECTIION 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 propert
Moved by Jaworski, seconded by Schiavi to adopt the ordinance as written
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Budget Amendment-Crossing Guards:
AN ORDINANCE AMENDING THE 2010-2011 BUDGET ADOPTED
JUNE 1, 2010.
BE IT ENASCTED, by the City Council of the City of Lackawanna, New York as follows:
SECTION 1. That the 2010-2011 Budget Ordinance adopted June 1, 2010 is hereby amended to provide the funding for Crossing Guards.
SECTION 2. That the 20910-2011 Budget Ordinance is hereby amended to add $69,120 to budget code A3120.106 Police Department.
SECTION 3. That the 2010=2011 Budget Ordinance is hereby amended to appropriate $69,120 of the City's Fund Balance.
Moved by Jaworski, seconded by Szymanski to adopt the ordinance amending the budget, reinstating crossing guards in the City of Lackawanna .
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Adjournment:
Moved by Szymanski, seconded by Jaworski that the meeting be adjourned in memory of Carol Daley and Jerry Mendrysa.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
CHUCK JAWORSKI, COUNCIL PRESIDENT
JACQUELINE CAFERRO, CITY CLERK
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Special Council Meeting
Friday, August 20, 2010
9:30 a.m.
Council Chambers
Special 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.
Meeting called to order/Pledge of Allegiance
NB: Meeting being recorded.
Roll Call: Present: Noman, Kulczyk, Schiavi, Jaworski
Local Law # 6, 2010
Local Law to adopt the 2010 Retirement Incentive Program
Part B – Chapter 105, Laws of 2010
A Local Law electing a retirement incentive program as authorized by Chapter 105, Laws of 2010 for the eligible employees of the City of Lackawanna .
BE IT ENACTED by the City Council of the City of Lackawanna, New York as follows:
• The City of Lackawanna hereby elects to provide all of its eligible employees with a retirement incentive program authorized by Chapter 105, Laws of 2010.
• The commencement date of the retirement incentive program shall be 8/2/2010.
• The open period, during which eligible employees may retire and receive the additional retirement benefits, shall be October 1, 2010 to December 29, 2010.
• The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees' Retirement System, and it shall be paid by the City of Lackawanna for each employee who receives that retirement benefit payable under this local law.
• This act shall take effect 8/2/2010.
Moved by Jaworski, seconded by Schiavi to adopt local law as written.
Yeas: Noman, Kulczyk, Schiavi, Jaworski. Carried 4-0
Moved by Jaworski, seconded by Schiavi, meeting is adjourned.
Yeas: Noman, Kulczyk, Schiavi, Jaworski. Carried 4-0
CHUCK JAWORSKI, COUNCIL PRESIDENT
JACQUELINE CAFERRO CITY CLERK