COUNCIL MEETING
MONDAY, OCTOBER 18, 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 Works, Public Safety, Recreation, Development
Hearings from Citizens:
Approval of Minutes of regular meeting held October 4, 2010
Moved by Schiavi, seconded by Kulczyk to adopt the minutes as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Departmental Reports:
City Treasurer – Receipts deposited into General Fund-Sept., 2010.
City Clerk – Monthly Report – September, 2010.
Moved by Schiavi, seconded by Kulczyk to approve Departmental Reports.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Communications from the Council:
Cold War Veterans Exemption:
To: City Council
I am asking the Councilmember's to support me in the Veteran's exemption for cold war veterans. Thank you in advance.
CHUCK JAWORSKI, COUNCIL PRESIDENT
I would request the Council approval of the Local Law regarding providing for property tax exemptions for Cold War Veterans. This local law provides for exemptions to persons who served on active duty in the United States Armed Forces during the time period of September 2, 1945 to December 26,1991.
GEOFFREY M. SZYMANSKI, SECOND WARD COUNCILMAN
Moved by Jaworski, seconded by Szymanski to receive & file act on Local Law.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski Carried 5-0
Upgrade Fire Stations Bond:
To: City Council
I am asking the Councilmember's support in requesting the Comptroller to apply for a nine hundred and seventy-five thousand dollar ($975,000) bond to upgrade our three fire stations. Attached is an estimate to refurbish these stations. Thank you in advance.
CHUCK JAWORSKI, COUNCIL PRESIDENT
Moved by Jaworski, seconded by Kulczyk to authorize the Mayor to direct TVGA Engineering to conduct a total assessment on all three Fire Houses as to the condition inside and outside as related to code, asbestos and structural integrity. Commissioner of Public Works to obtain cost estimate for emergency temporary shoring up of Fire House #3, located on South Park Avenue .
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Parks & Recreation Spaces Smoke Free Areas:
To: City Council
The attached resolution is for the City of Lackawanna to adopt the policy of designating all parks and recreation spaces under its jurisdiction to be 100% smoke free. Your approval of this resolution is a positive step for the youth of our city.
CHUCK JAWORSKI, COUNCIL PRESIDE
Moved by Kulczyk, seconded by Schiavi to receive & file act on resolution
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Jackson St. Parking Ordinances:
To: City Council
I am requesting your support for the two (2) attached ordinances amending the parking on Jackson Street . Thank you for you consideration.
CHUCK JAWORSKI, COUNCIL PRESIDENT
Moved by Jaworski, seconded by Noman to receive & file, act on ordinances.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Stop Sign @ Spruce & Jackson St. :
To: City Council
Public Safety Director, Dick Startek has presented the attached ordinance for our approval of a stop sign being erected on Spruce and Jackson Streets. Thank you for your consideration.
CHUCK JAWORSKI, COUNCIL PRESIDENT
Moved by Jaworski, seconded by Schiavi to receive & file, act on ordinance.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Communications from Department/Division Heads:
Public Safety Contract Resolution:
To: City Council
Please put the attached Public Safety Contract Resolution on the agenda for Council approval. Thank you.
ARC. J. PETRICCA, CITY ATTORNEY
Moved by Szymanski, seconded by Noman to receive & file, act on resolution.
Yeas: Noman, Szymanski, Schiavi CARRIED 3-2
Nays: Jaworski, Kulczyk
Demolition of 21 Cooke Street :
To: City Council
I recommend you award the contract for demolition of 21 Cooke Street to Hannah Demolition for the sum of $8,400.00. Hannah Demolition was the only bidder.
RALPH D. MIRANDA, DIRECTOR OF DEVELOPMENT
Moved by Jaworski, seconded by Schiavi to receive & file, act on ordinance
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Structural Condition of Fire House #3:
To: City Council
On January 20 th , 2010 Code Enforcement Officer, Joseph Geyer, sent me a memorandum on the structural condition of Fire House #3. The Memorandum identified that the structural condition of this building was in violation of the City of Lackawanna Municipal Code and further stated “the City must vacate, repair or demolish the structure.” The Memorandum further went on to say “please address this matter immediately and provide me with your intentions.”
In response to the memorandum form Mr. Geyer, Mayor Norman L. Polanski, Jr. addressed the Council in a letter dated February 11, 2010 where he summarized in detail the issues and the liabilities to the City of Lackawanna relative to the structural condition of this building. He further requested that the “City Council authorize his office to immediately proceed with the conceptual design for constructing a new Fire Station…..and demolishing the existing structure.”
Both the Memorandum from Mr. Geyer and the letter from the Mayor to the City Council have been attached to this correspondence to refresh your recollection of this issue. It also must be noted that since Mr. Geyer has put the City on notice, that the structural condition of the building continues to worsen.
At this point in time since the Council has failed to provide this office or the Mayor's office with any direction relative to this issue. I will have no choice but to vacate and close the building within thirty days of the date of this letter. As you are aware, part of my responsibilities as Commissioner of Public Works is to oversee Buildings & Grounds within the City of Lackawanna . By commencing this action, I am relieving the City of Lackawanna of any liability to the life threatening dangers that exist to Lackawanna Fire Department Personnel as well as the general public. Once vacated, the perimeter of the building will be fenced and the sidewalk in front of the building will be closed to pedestrian traffic until further notice. If you have any questions, please call me at your convenience.
THOMAS N. LOVE, COMMISSIONER OF PUBLIC WORKS
Moved by Jaworski, seconded by Szymanski to receive & file.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Purchase Offer - 187 Holbrook St . -Ahmed Abdullah:
To: City Council
My office has received an offer for 187 Holbrook St. from Ahmed Abdulla, 254 Ingham Ave. , in the amount of $2,000. The parcel is approximately 25 x 101 and contains a Two Family Home; the purchaser will rehabilitate the property. The current assessed value for the 2010 Tax Roll is $28,000. It is my recommendation that the City Council Table this offer until a full condition report is received from the Engineering Department and Director of Development, also the purchaser offer is inadequate for a Two Family Home. If approved by Council buyer shall be liable for all fees and cost of survey.
FRANK E. KRAKOWSKI, CITY ASSESSOR
Moved by Szymanski, seconded by Noman to receive & file.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Resolutions:
Smoke Free Recreational Areas: Resolution #31, 2010
WHEREAS , smoking is responsible for the premature deaths of over 430,000 Americans each year from lung cancer, heart disease, respiratory illness and other diseases; and
WHEREAS, second hand smoke is responsible for over 50,000 deaths among nonsmokers each year; and
WHEREAS, tobacco kills more Americans each year than alcohol, cocaine, crack, heroin, homicide, suicide, accidents, fires, and AIDS combined; and
WHEREAS, 80% of smokers started smoking before the age of 18, and the average initiation age is 12 years old; and
WHEREAS, everyday an estimated 3,900 young people under the age of 18 try their first cigarette and one-third of these children will die prematurely from tobacco-related illnesses; and
WHEREAS, to help role model non-smoking behavior to children and youth; to provide children, youth and their families with a safe, smoke-free environment;
THEREFORE, BE IT RESOLVED, that the City of Lackawanna , State of New York is committed to providing a high quality of living to all residents.
AND BE IT FURTHER RESOLVED, that the City of Lackawanna believes:
• There is no safe level of exposure to secondhand smoke. It can cause asthma, respiratory infections, cancer and cardiovascular disease. Children should be able to play and exercise in the City of Lackawanna Parks without being exposed to harmful effects of secondhand smoke.
• Tobacco product use is the proximity of children, youth and adults engaging in or watching recreational activities is unhealthy and detrimental to the health of both the participants and observers.
• Tobacco products, once consumed in public spaces, are often discarded on the ground, thus posing a risk of ingestion to children and causing a litter problem.
AND BE IT FURTHER RESOLVED, that all of the City of Lackawanna Parks, and recreation areas will adopt 100% smoke free policy.
COMPLIANCE:
The enforcement of this policy is through voluntary compliance. Appropriate City of Lackawanna park land, park facilities and open space will be signed indicating that the designated areas are smoke free.
The Director of Parks and Recreation will communicate with park employees and officials, community organizers, leaders and coaches to discuss the policy and distribute information.
City of Lackawanna parks staff will be promoting awareness of policy.
This resolution shall take effect immediately.
Moved by Jaworski, seconded Szymanski to adopt the resolution as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Police Security –Municipal Housing Authority: Resolution #32, 2010
NOW, THEREFORE, BE IT
RESOLVED, that the attached public safety contract with the Lackawanna Municipal Housing Authority is hereby approved and the Mayor authorized to enter into same. (Contract on file in Clerk's Office)
RESOLVED, this resolution shall take effect immediately.
Moved by Szymanski, seconded by Schiavi to adopt the resolution as written.
Yeas: Noman, Szymanski, Schiavi CARRIED 3-2
Nays: Kulczyk, Jaworski
Traffic Ordinances:
Stop Sign-Spruce & Jackson Streets:
AN ORDINANCE AMENDING CHAPTER 215-TRAFFIC & VEHICLE
BE IT ENACTED by the City Council of the City of Lackawanna, New York as follows:
SECTION 1 Section 215.22, “Stop intersections” is hereby amended to include the following:
Spruce St. @ Jackson St. with stop sign erected as NW corner of Spruce.
This Ordinance shall take effect immediately.
Moved by Jaworski, seconded by Schiavi to adopt Ordinance as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Alternate Parking-Spruce Street :
AN ORDINANCE AMENDING CHAPTER 215-TRAFFIC & VEHICLES
BE IT ENACTED by the City Council of the City of Lackawanna, New York as follows:
SECTION 1 Section 215.43 “Parking, Standing and Stopping Restrictions are hereby amended to include the following:
SPRUCE STREET
From April 15 th to December 1 st – Parking on East side of Spruce St .
From December 1 st to April 15 th - On the East Side: No Parking from Sunday 4:00 pm to Wednesday 4:00 pm – On the West Side : No Parking from Wednesday 4:00 pm to Sunday 4:00 pm
This Ordinance shall take effect immediately.
Moved by Jaworski, seconded by Noman to adopt Ordinance as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Alternate Parking – Jackson Street :
AN ORDINANCE AMENDING CHAPTER 215-TRAFFIC & VIHICLES
BE IT ENACTED by the City Council of the City of Lackawanna, New York as follows:
SECTION 1 Section 215.43 “Parking, Standing and Stopping Restrictions is hereby amended to include the following:
JACKSON STREET :
On the North Side: - No Parking from Sunday 4:00 pm to 4:00 pm Wednesday
On the South Side: - No Parking from Wednesday 4:00 pm to Sunday 4:00 pm
From April 15 th to December 1 st – Parking on North Side Only.
This Ordinance shall take effect immediately.
Moved by Moved by Jaworski, seconded by Schiavi to adopt the Ordinance as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Local Law:
Cold War Veterans Exemptions:
A Local Law in relation to enacting an exemption from Real Property Taxes for Cold War Veterans as authorized by Section 458-b of the Real Property Law.
(On file in the City Clerk's Office)
Moved by Jaworski, seconded by Szymanski to amend the local law
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Moved by Jaworski, seconded by Szymanski to adopt Local Law as amended.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-
Waive Rules:
Moved by Jaworski, seconded by Szymanski to waive the rules.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Executive Session:
Moved by Jaworski, seconded by Szymanski to enter into an Executive Session at 7:25 p.m. pertaining to a litigation case.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Meeting Reconvened at 7:40 p.m.
Roll Call Present: Noman, Szymanski, Kulczyk, Schiavi, Jaworski
Approve Settlement:
Moved by Jaworski, seconded by Noman to approve Settlement of Litigation, John Doe vs. City of Lackawanna .
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Adjournment:
Moved by Kulczyk, seconded by Schiavi to adjourn the meeting.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
CHUCK JAWORSKI, COUNCIL PRESIDENT
BARBARA ROSINSKI, DEPUTY CLERK