MONDAY, NOVEMBER 8, 2010
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 is being recorded.
Roll Call: Present: Noman, Szymanski, Kulczyk, Schiavi, Jaworski
Dept Heads: Present: Law, Public Safety, Recreation, Development
Absent: Public Works
Hearings from Citizens:
Various concerns from John Ingram
Approval of Minutes of regular meeting held October 18, 2010.
Moved by Schiavi, seconded by Kulczyk to approve the minutes of 10/18/10.
Yeas: Noman, Kulczyk, Schiavi, Jaworski CARRIED 4-1
Nays: Szymanski
Departmental Reports:
• City Compt. – AP Check Listing #8 – 09/30/10
• City Compt. – AP Check Listing #9 – 10/07/10
• City Compt. – AP Check Listing #10 – 10/14/10
• City Compt. – AP Check Listing #11 – 10/22/10
• City Clerk – Monthly Report October, 2010
• City Treas. – Receipts deposited into General Fund October, 2010
• City Compt. – AP Check Listing #12 – 10/29/10
Moved by Jaworski, seconded by Schiavi to receive and file the departmental reports one thru seven.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Communications from the Council:
Lackawanna Line Dance Jamboree:
To: City Council
I am asking for your support for the Lackawanna Line Dance Team to hold a jamboree on Friday, December 17, 2010 at the Senior Center . This event will be held from 6:30 pm to 9:30 pm. They are requesting the use of 2 large
coffee pots. The team will furnish their own coffee and coffee cups. They have previously held two successful Jamboree's which were enjoyed by all who attended.
CHUCK JAWORSKI, COUNCIL PRESIDENT
Moved by Jaworski, seconded by Schiavi to approve the request.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Business Activities Registration:
To: City Council
I am requesting your approval of the attached business ordinance for the registration of business activities in the City of Lackawanna . Thank you in advance for your support.
CHUCK JAWORSKI, COUNCIL PRESIDENT
Moved by Jaworski, seconded by Szymanski to receive & file.
Yeas: Noman Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Communications from Department/Division Heads:
LMHA White Collar Employees Agreement:
To: City Council
Please have the attached LMHA White Collar Employees Agreement Resolution on the agenda for Council approval. Thank you.
ARC. J. PETRICCA, CITY ATTORNEY
Moved by Jaworski, seconded by Noman to receive & file, act on resolution
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Sale 30 Victory:
To: City Council
Please put the attached ordinance for the sale of 30 Victory Avenue on the agenda for Council approval. Thank you.
ARC. J. PETRICCA, CITY ATTORNEY
Moved by Jaworski, seconded by Noman to receive & file, act on ordinance,
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Stormwater Management Practices:
To: City Council
For your review, attached is information on Using Smart Growth Techniques as Stormwater Best Management Practices, and Fact sheet on green infrastructure.
RALPH D. MIRANDA, DIRECTOR OF DEVELOPMENT
Moved by Jaworski, seconded by Szymanski to receive & file.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Maintenance of Streets-Martin Rd. Subdivision & Albright Crt.
To: City Council
I respectfully request that your Honorable Body pass the attached resolutions accepting both Martin Road Subdivision and Albright Court . The resolutions are required to add new roadways to the NYSDOT roadway inventory, which will positively affect our annual CHIPS payment from New York State .
THOMAS N. LOVE, COMMISSIONER OF PUBLIC WORKS
Moved by Jaworski, seconded by Noman to receive & file, act on resolution.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Sale of 31 South St .- Islamic Mosque:
Moved by Noman, seconded by Szymanski to remove from the table, item #3 meeting of October 4, 2010 – communication and ordinance approving the sale of 31 South Street to the Islamic Mosque.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Moved by Noman, seconded by Szymanski to adopt the Ordinance approving the sale of 31 South Street to the Islamic Mosque.
Yeas: Noman, Szymanski
Nays: Kulczyk, Schiavi, Jaworski MOTION FAILED 3-2
Hold Bidding on Sale of 31 South Street :
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 Kulczyk to receive & file, act on resolution.
Yeas: Kulczyk, Jaworski
Nays: Noman, Szymanski, Schiavi FAILED 3-2
Commissioner of Deeds – Florika Miranda & Roxanne Sorensen:
To: City Council
I am requesting Council approval to appoint myself and Roxanne Sorensen as Commissioner of Deeds. We are Partners in Elder Care Solutions of WNY,LLC, our commissions expire 12-31-2010. Thank you for your consideration.
FLORIKA E. MIRANDA
Moved by Schiavi, seconded by Jaworski to approve the request for Commissioner of Deeds.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Tax Relief – Jacobi's Restaurant:
To: City Council
I am currently interested in re-opening my family's business and reinvesting into Lackawanna . Jacobi's Restaurant was founded by my late grandfather, John M. Jacobi over 45 years ago in Lackawanna . Throughout the years we have sponsored many local sports teams, donate and raised funds for numerous charitable and fundraising events in the area and hired and worked with hundreds of young people, adults, and their families. We also in the last 45 years in business paid over 1 million in taxes. I would like to appeal to the council for some type of tax relief given that I am willing to re-open and to guarantee an investment of $100,000.00 into the business to beautify and increase the value of an acre of highly visible street frontage and to establish at least 30 jobs. Your consideration and assistance in this matter would be greatly appreciated. I would like to thank you for this opportunity to bring this matter to the council's attention.
JOHN J. JACOBI
Moved by Szymanski, seconded by Jaworski to receive & file.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Resolution #34, 2010
LMHA WHITE COLLAR BARGAINING AGREEMENT:
NOW, THEREFORE, BE IT
RESOLVED, pursuant to Public Housing Law Section 32 the City Council does hereby approve the attached Lackawanna Municipal Housing Authority White Collar Employees Collective Bargaining Agreement.
RESOLVED, that this resolution shall take effect immediately.
Moved by Jaworski, seconded by Noman to adopt the resolution as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Resolution #35, 2010:
Street Maintenance-Martin Rd. Subdivision:
RESOLVED , the Michelle Drive Subdivision which consists of newly constructed infrastructure along Love Terrace, Norman Way and Joseph Court is now complete and acceptable to the Department of Public Works, and it is further
RESOLVED, that the City Council authorized the Department of Public Works to maintain the newly constructed roadways in accordance with standard City of Lackawanna operations and procedures, and it is further
RESOLVED, that this resolution shall take effect immediately
Moved by Jaworski, seconded by Noman to adopt the resolution as written.
Yeas: Noman Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Resolution #36, 2010:
Albright Court Infrastructure-Street Maintenance:
RESOLVED, the Albright Court infrastructure and roadway, which was constructed circa 2006 by the City of Lackawanna , has been overlooked and was never added to the NYSDOT Roadway Inventory which makes roads eligible for CHIPS funding, and it is further
RESOLVED, that the City Council authorized the Department of Public Works to maintain the Albright Court in accordance with standard City of Lackawanna operations and procedures as it has since it was originally constructed, and it is further
RESOLVED, that this resolution shall take effect immediately.
Moved by Jaworski, seconded by Noman to adopt the resolution as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Ordinance:
Sale of 30 Victory Avenue :
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 142.38-3-9 to Michael J. Adams.
SECTION 2. That the transfer is made for the sum of $1,500.00 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.
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
Adjournment:
Moved by Szymanski, seconded by Jaworski that the meeting be adjourned.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
CHUCK JAWORSKI, COUNCIL PRESIDENT
JACQUELINE A. CAFERRO, CITY CLERK