COUNCIL MEETING MONDAY, OCTOBER 4, 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 Hearings from Citizens Approval of Minutes of regular meeting of September 20, 2010. Moved by Schiavi, seconded by Szymanski to adopt the minutes as written. Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0 Departmental Reports: • City Compt. – AP Check Listing #6, September 17, 2010. • City Compt. – AP Check Listing #7, September 23, 2010. Moved by Jaworski, seconded by Szymanski to receive and file. Yeas: Noman, Szymanski, Kulczyk, Schiavi. Jaworski CARRIED 5-0 Communications from the Council: Sale 31 South Street: To: City Council I am writing this letter asking for your approval of the sale of 31 South Street (SBL #141.68-1-3.1 Lot size 6.5) to the Lackawanna Islamic Mosque, 154 Wilkesbarre Street , Lackawanna , New York for the amount of $5,000. Thank you in advance for your cooperation in this matter. ABDUL NOMAN, First Ward Councilman Moved by Szmanski, seconded by Noman to table for work session. Notification to be placed on the Website and printed in Front Page for Public Information. Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0 Communications from Department/Division Heads: 2009-2010 Budget Transfers: To: City Council Attached please find a list of transfers for your approval. These transfers will balance all of the accounts that were in the red at July 31, 2010. If you have any questions feel free to give me a call. ROBERT C. MARCINIAK, City Comptroller Moved by Jaworski, seconded by Szymanski to approve the transfers. Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0 LMHA Blue Collar Unit Agreement Resolution: 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 and file, act on resolution. Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0 Ordinance Amending City Code 230-51(a) Cemeteries: To: City Council Please put the attached ordinance on the agenda for Council approval. Thank you. ARC. J. PETRICCA, City Attorney Moved by Jaworski, seconded by Noman to table for study Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0 Sale 173 Holbrook Street Ordinance: To: City Council Please put the attached ordinance on the agenda for Council approval. Thank you. ARC. J. PETRICCA, City Attorney Moved by Jaworski, seconded by Szymanski to receive and file act on ordinance Yeas: Noman Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0 Sale of 31 South Street Ordinance: To: City Council Please put the attached ordinance for the sale of 31 South St. to the Islamic Mosque Thank you. ARC. J. PETRICCA, City Attorney Moved by Jaworski, second by Schiavi to table for study. Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0 Floodplain Notice: On File in Clerk's Office • To: City Council For your information, attached is a notice regarding the floodplain in the City of Lackawanna . RALPH D. MIRANDA, Director of Development Moved by Jaworski, seconded by Szymanski to receive and file, copies of Floodplain within the City can be obtained at the City Clerk's Office and the Lackawanna Library. Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0 Miscellaneous: Buffalo Gladiator Professional Football: To: City Council The Buffalo Gladiator Minor Professional Football Team would like to request the use of Veterans Stadium on the date of October 9 th , 2010. The game on that date will be for the Northeastern Football Alliance Championship. We will need the use of the field for two and one-half hours and hope for a kickoff time at 6:00 pm. Our team has a $2,000,000 Insurance policy and can add the City of Lackawanna , etc. on as an additional insured. I have enclosed a packet of information pertaining to our team including various letters of recommendation from area leaders and charity groups that we have supported over the years. I would be more than happy to answer any questions or concerns you may have about our team and organization. Please feel free to contact me at 871-1616. Thank you in advance for your consideration. JOHN AUGUSTINE, GM Buffalo Gladiators Moved by Jaworski, seconded by Schiavi to receive and file. Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0 BETHLEHEM PARK – HALLOWEEN PARADE: To: City Council We residents of Bethlehem Park , Lackawanna , NY , request permission for use of the Bocce Court , end of Madison , for our 20 th annual Bethlehem Park Halloween Parade on Saturday, October 30, 2010 at 3:30 pm., at the Bocce Court . Any public safety assistance you can provide for the children is greatly appreciated. Thank you. Please feel free to join in this fun day. ANDREA HAXTON Moved by Szymanski, seconded by Kulczyk to approve the request, Public Safety to give assistance. Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0 Resolutions: LMHA Blue Collar – Bargaining Agreement: Resolution #30, 2010 WHEREAS, pursuant to PHL 32 the attached Lackawanna Municipal Housing Authority Blue Collar Unit CSEA Employees Collective Bargaining Agreement for the period 2008-2014 is hereby approved. RESOLVED, that this resolution shall take effect immediately. Moved by Jaworski, seconded by Schiavi to adopt the resolution as written. Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0 Ordinances: 31 South St . – Amending Municipal Code: An Ordinance Amending the City Code Section 230-51(A) Cemeteries. BE IT ENACTED by the City Council of the City of Lackawanna, New York that City Code 230-51 is and the same is hereby rescinded and changed and amended to provide as follows: 230-51(A) Any cemetery must be a contiguous parcel of land containing at least twenty (20) acres, except for that part in the first ward commonly known and described as South Street, south side, where the parcel of Contiguous land for a cemetery is modified to five (5) contiguous acres. Moved by Jaworski, seconded by Szymanski to table the ordinance for further study. Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0 Ordinance Sale of 31 South St . – Islamic Mosque: 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 nine acres known as 31 South Street , SBL 141.68-1-31 to the Lackawanna Islamic Mosque. SECTION 2. That the transfer is made for the sum of $5,000.00 cash to the City of Lackawanna . The deed shall contain a reverter clause providing for a revision 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 . The property is sold in its as is where is condition without any warranties or representations of its fitness for any purpose. – 106- SECTION 4. That the Law Department shall prepare documents to be executed for the transfer of the property. Moved by Jaworski, seconded by Szymanski to table the ordinance for study. Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0 Sale of 173 Holbrook to E. Alvarez: 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 141.60-4-3.1 by Ernesto Alvarez as assigned to Miguel A. Cheverez and Jeanet DeHoyos as purchasers. SECTION 2. That the transfer is made for the sum of $7,000.00 cash to the City of Lackawanna . The deed shall contain a revertre clause providing for a reversion to the City unless the deed is recorded in the Erie County Clerk's Office with 30 days of its delivery. The property must be brought up to code with eighteen (18) months for the date or purchase. If purchaser fails to comply property will automatically revert back to the City. 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. The Law Department shall prepare documents to be executed for the transfer of the property. Moved by Jaworski, seconded by Szymanski to adopt the Ordinance as written approving the sale of 173 Holbrook to Ernesto Alvarez for the sum of $7,000. Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0 Adjournment: Moved by Szymanski, seconded by Kulczyk the meeting is adjourned. Yeas: Noman Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0 CHUCK JAWORSKI, COUNCIL PRESIDENT JACQUELINE A. CAFERRO, CITY CLERK
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