Monday, December 06, 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, Public Works, Recreation, Development
Hearings from Citizens:
Approval of Minutes of regular meeting held November 22, 2010.
Moved by Schiavi, seconded by Kulczyk to approve the minutes of November 22, 2010.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Departmental Reports:
• City Comp. – Statement of Cond. Of Appropriations of October 31, 2010.
• City Compt. – AP Check Listing #15, November 17, 2010.
• City Compt. – AP Check Listing #16, November 18, 2010.
• City Clerk – Monthly report for November, 2010.
Moved by Schiavi, seconded by Kulczyk to receive and file the departmental reports one through four.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Communications from the Mayor:
Property Tax Cap – Mandate Relief:
To: City Council
I am requesting your Honorable Body pass the attached Resolution regarding a Property Tax Cap must include Mandate Relief. Thank you in advance for your cooperation.
NORMAN L. POLANSK, JR. Mayor
Moved by Jaworski, seconded Noman to receive and file, act on resolution.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Communication from the Council:
Reinstate Bus Routes 36A & 42 on Ridge Road :
To: City Council
I am asking for your support on the attached resolution for the reinstatement of bus route's No. 36A and 42 on Ridge Road for Saturday's and Sunday's. Your help in this matter is greatly appreciated.
CHUCK JAWORSKI, COUNCIL PRESIDENT
Moved by Jaworski, seconded by Noman to receive and file, act on resolution.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Rescind Resolution #8, 2010 Business Registration Fee:
To: City Council
I am requesting your approval to rescind Resolution #8, 2010 establishing the Business Registration Fee for the City of Lackawanna . Thank you in advance for your support.
CHUCK JAWORSKI, COUNCIL PRESIDENT
Moved by Jaworski, seconded by Schiavi to rescind Resolution #8, 2010.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Amend Section 56-15-Registration of Business Fee:
To: City Council
I am requesting your support to amend Section 56-15 fees of registration of business activities in the City of Lackawanna .
CHUCK JAWORSKI, COUNCIL PRESIDENT
Moved by Jaworski, seconded by Schiavi to receive and file, act on ordinance.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Shut Down Child Pornography Websites:
To: City Council
I submit for Council approval a resolution requesting Brian Higgins sponsor a bill in Congress to shut down any website containing child pornography to further protect the innocence of children. I appreciate your anticipated approval of said resolution.
GEOFF SZYMANSKI, 2 ND WARD COUNCILMAN
Moved by Szymanski, seconded by Jaworski to receive & file act on resolution.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5- 0
Commissioner of Deeds – Ralph Miranda:
To: City Council
I am requesting Council approval to reappoint me as Commissioner of Deeds in the City of Lackawanna . My commissions expire 12-31-2010. Thank you for your consideration.
RALPH D. MIRANDA, ECONOMIC DEVELOPMENT DIRECTOR
Moved by Jaworski, seconded by Schiavi to approve the request.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Commissioner of Deeds – City Clerk Personnel:
To: City Council
I request renewal of Commissioner of Deeds to the City Clerk's personnel:
Jacqueline Caferro; Colleen Mure; Linda Smerka. Thank you for your consideration.
JACQUELINE CAFERRO, CITY CLERK
Moved by Kulczyk, seconded by Schiavi to approve the request.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Sale of 507 and 511 Ridge Road :
To: City Council
Please put the attached Ordinance regarding the sale of 507 and 511 Ridge Road to Anthony R. Catuzza for the price of $5,500, on the agenda for council approval, purchaser responsible for all expenses related to the transfer. 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
Sale of 31 South Street to Islamic Mosque:
To: City Council
Please put the attached Ordinance for the sale of 31 South Street to the Lackawanna Islamic Mosque for the sale price of $5,700, purchaser responsible for the costs related to the sale. 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
Communications from Citizens:
Commissioner of Deeds-Beverly Mazur, Sharon Bishop & Heather Pham:
To: City Council
We hereby request appointment by your Honorable Body as Commissioner of Deeds for 2011-2012: Beverly Ann Mazur; Sharon Bishop; Heather Pham. Thank you for your consideration.
WILLIAM DELMONT, FRONT PAGE GROUP INC.
Moved by Kulczyk, seconded by Schiavi to approve the request.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Mary Novak – Parking Request:
To: City Council
I am requesting permission for my guests to use both sides of Keever Ave. (from Electric to South Park Ave. ), for parking on Friday, December 24, 2010 to attend my annual Christmas Party. Thank you.
MARY M. NOVAK
Moved by Jaworski, seconded by Szymanski refer to Public Safety.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Resolutions:
Property Tax Cap: Resolution #38, 2010
A resolution establishing a Property Tax Cap to include Mandate Relief
(Complete text on file in the City Clerk's Office)
Moved by Jaworski, seconded by Schiavi to adopt the resolution as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Reinstate Bus Route 36A and 42 on Weekends: Resolution #39, 2010
WHEREAS , The City Council of the City of Lackawanna, NY, hereby is against the elimination of NFTA bus route No. 36A and No. 42 on Saturday's and Sunday's; and
WHEREAS , The City o Lackawanna , NY is the second largest city in the County of Erie ; and
WHEREAS , Lackawanna has an aging population that depends on the services of the NFTA bus routes on weekends; and
Whereas , Many elderly and businesses utilize bus services and eliminating of the bus routes would not give our residents an opportunity to have this service available. Many of the residents will be inconvenienced and not able to travel to another location; and
NOW THEREFORE BE, IT RESOLVED , that the meeting of December 6, 2010 that a certified copy of this resolution be immediately dispatched to: Lawrence Meckler, Executive Director, NFTA, James Morrell, Acting Manager Planning, NFTA, Senator Charles E. Schumer, NYS Senior Senator, Senator Kristen Gillibrand, NYS Junior Senator, Congressman Brian Higgins, NYS 27 th Congressional District, Assemblyman Mark Schroeder, NYS 145th Assembly District, Assemblyman Jack Quinn, 146 th Assembly District andLegislator Daniel Kozub Erie County Legislature.
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
Shutdown Child Pornography Websites: Resolution #40, 2010
WHEREAS, the World Wide Web has grown for faster than anticipated in the past decade; and
WHEREAS, many people have been incarcerated for downloading and/or viewing images of child pornography, there are for fewer arrests and imprisonment of people who own and/or operate these websites; and
WHEREAS, 18 U.S.C. Section 2257 Record Keeping Information ensures that producers of adult films must keep a detailed log of all actors, actresses, and models. Those who do not comply are violating U.S. law; and
WHEREAS, from time to time an international police coalition made raids and arrests on multiple websites hosts presenting or selling images and videos of child pornography, the timeliness is sparse, allowing new websites to enter into the fold and continue this brutal practice; and
WHEREAS, it is reported that these websites often accept credit cards to fund their operation. This should lead to a easily traceable trail of who and where the hosts of these websites are located, allowing law enforcers to make arrests and shut down these websites and protect children; and
WHEREAS, Congress must do more to end this brutal practice and protect children by concentrating on ending the problem of hosting child pornography and not allowing those seeking such images access. This must be done by ending these websites.
NOW THEREFORE, BE IT RESOLVED , that Councilman Szymanski respectfully requests Congressman Brian Higgins sponsor a bill in congress to shut down every website in the United States, or entering the United States, that depicts, sells, trades, advertises, produces, and/or shares images of child pornography to further protect the innocence of children, and be it further
RESOLVED, that funding a special federal unit to track down and terminate websites that depicts, sells, trades, advertises, produces, shares images of child pornography to further protect the innocence of children, along with imprisoning those who host, profit, distribute, and/or produce such material, is not an unreasonable request, and
BE IT FINALLY RESOLVED, that the faster this bill is passed in both houses of Congress the safer children will be throughout the world.
THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY
Moved by Szymanski, seconded by Jaworski the resolution be adopted as written
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
ORDINANCES:
New Business Registration Fee:
An Ordinance amending Section 56-15 of the City Code of the City of Lackawanna, New York entitled and Ordinance for the registration of Business Activities in the City.
56-16. Fees.
Business Registration Certificate - $20.00, a one time fee for any new business that opens within the City after January 1, 2011.
THIS ORDINANCE SHALL TAKE EFFECT AFTER THE SIGNATURE OF THE MAYOR
Moved by Jaworski, seconded by Kulczyk to adopt the ordinance as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Ordinance - Sale of property – Anthony Catuzza:
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, NY as follows:
SECTION 1. That the City Council hereby approves of the transfer of property known as SBL 142.37-2-11 and SBL 142.37-2-12 to Anthony Catuzza.
SECTION 2. That the transfer is made for the sum of $5,500 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.
THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY
Moved by Jaworski, seconded by Noman to adopt the Ordinance as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Ordinance - Sale of 31 South Street – Islamic Mosque:
An Ordinance authorizing the sale/transfer 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 nine acres, known as 31 South Street, SBL 141.68-1-3.1 to the Lackawanna Islamic Mosque.
SECTION 2. That the transfer is made for the sum of $5,700.00cash 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. The property is sold in its as is condition without any warranties or representation o its fitness for any purpose and the buyers acknowledge this property was listed on the DEC's contaminated properties list and is subject to any and all restrictions and consequences of any such listing.
SECTION 4. That the Law Department shall prepare documents to be executed for the transfer of the property to include covenants by the purchaser holding the City harmless and indemnifying it from any and all claims that may arise as a result of this transfer of title this property and any subsequent transfer by the buyer.
THIS ORDINANCE SHALL TAKE EFFECT AFTER THE SIGNATURE OF THE MAYOR
Moved by Schiavi, seconded by Noman to adopt the Ordinance as written.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Adjournment:
Moved by Schiavi, seconded by Kulczyk the meeting is adjourned.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
CHUCK JAWORSKI, COUNCIL PRESIDENT
BARBARA ROSINSKI, DEPUTY CLERK