MONDAY, DECEMBER 20, 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 was called to order – Pledge of Allegiance
NB: Meeting is being recorded
Roll Call: Present: Noman, Szymanski, Kulczyk, Schiavi, Jaworski
Dept. Heads: Present: Law, Public Safety, Public Works, Development
Excused: Recreation
Hearings from Citizens:
Approval of Minutes of regular meeting held December 6, 2010.
Moved by Schiavi, seconded by Kulczyk to approve the minutes of December 6, 2010.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Departmental Reports:
• City Treasurer – Deposits into General Fund for November, 2010.
• City Comptroller – AP Check Listing #17, November 30, 2010.
• City Comptroller – AP Check Listing #18, December 9, 2010.
Moved by Jaworski, seconded by Szymanski to receive and file departmental reports one through three.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Communications from the Council:
Transfer Funds to Test Vault Air Quality:
To: City Council
We need to transfer $600.00 from code A.1620.443 for Micro Bio Air sampling to check air quality in our vault. This testing must be done in order to receive $17,769.00 grant for record management. Thank you for your co-operation.
CHUCK JAWORSKI, COUNCIL PRESIDENT
Moved by Jaworski, seconded by Szymanski to approve the transfer, City Comptroller to transfer $600 from code A1620.443 for Micro Bio Air sampling for police department vaults.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Remove No Left Hand Turn Sign on to Lehigh Ave :
To: City Council
I am requesting the sign on the Centennial Bridge indicating a no left hand turn on to Lehigh Avenue be removed. This has caused an inconvenience for the citizens who live in this area and I see no need for this sign. Thank you for your help in this matter.
ABDUL NOMAN, FIRST WARD COUNCILMAN
Moved by Jaworski, seconded by Kulczyk to table, refer to Traffic Safety Advisory Board for recommendation to the Council.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Reinstate Public Works Foreman Position:
To: City Council
I request approval of resolution authorizing the position of Department of Public Works Foreman to be reinstated into the ranks of CSEA Local 815.
GEOFFREY SZYMANSKI, 2 ND WARD COUNCILMAN
Executive Session:
Moved by Jaworski, seconded by Schiavi to move to Executive Session at 7:30 pm to discuss personnel
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Meeting Reconvened at 7:45 P.M.
Roll Call: Present: Noman, Szymanski, Kulczyk, Schiavi, Jaworski
Moved by Szymanski, seconded by Kulczyk to table the resolution to reinstate the position of DPW Foreman and refer to the City Attorney for legal opinion.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Communications from Department/Division Heads:
Rescind Municipal Code 66-17 – Dog Licenses:
To: City Council
On January 1, 2011, per a measure passed into law by Governor Paterson, the onus of printing and collecting dog licenses will be the onus of the City Clerk's Office. I request approval of an ordinance rescinding Chapter 66-17 of the City of Lackawanna Municipal Code pertaining to kennel licenses. These dogs will now be licensed individually. Any questions or concerns please contact me.
JACQUELINE CAFERRO, CITY CLERK
Moved by Jaworski, seconded by Schiavi to receive and file, act on ordinance.
Yeas: Kulczyk, Schiavi, Jaworski
Nays: Noman, Szymanski CARRIED 3-2
Miscellaneous:
Commissioner of Deeds – Council:
To: City Council
This letter serves as a request to your Honorable Body to renew the following names for Commissioner of Deeds thru December 31, 2012. The current licenses expire on December 31, 2010.
Chuck Jaworski, Council President
Geoffrey M. Szymanski, 2 nd Ward Councilmember
Francis J. Kulczyk, 3 rd Ward Councilmember
Marlene M. Kita, Council Secretary
MARLENE M. KITA, COUNCIL SECRETARY
Moved by Schiavi, seconded by Szymanski to approve the request.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Commissioner of Deeds – Denise Fitzgibbons:
To: City Council
I hereby request appointment by your Honorable Body as Commissioner of Deeds for 2010.
DENISE FITZGIBBONS
Moved by Jaworski, seconded by Schiavi to approve the request.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Commissioner of Deeds- Nancy Petricca & Joselyn Nieves:
To: City Council
I request a Commissioner of Deeds re-appointment for Nancy Petricca, residing at 605 Ridge Road , Lackawanna , NY , and a Commissioner of Deeds re-appointment for Joselyn Nieves residing at 28 Eagan Drive , Lackawanna , NY . Thank you for your assistance.
ARC. J. PETRICCA
Moved by Schiavi, seconded by Kulczyk to approve the request.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Commissioner of Deeds – Court Personnel:
To: City Council
I am hereby submitting a request or your approval in renewing the following Lackawanna City Court employees as Commissioner of Deeds:
Judith Crawford, Civil Clerk Sharon Derrick, Revenue Clerk
Lisa Gauthier, Chief Clerk
Thank you in advance for your consideration in this matter. If you need further information, please contact me at 6440.
LISA GAUTHIER, DEP. CHIEF CLERK
Moved by Jaworski, seconded by Schiavi to approve the request.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Ralph Dailey, Property Manager – Address Council:
To: City Council
I write as property manager and on behalf of the Property owner, Mark Waldner. To date I have addressed the City Planning Board and Zoning Board in an effort to renovate this property which sits within the central business district. Both boards have agreed to the plans presented. The above process took over two years and at times involved disagreements between the City and property owner. During this time, Mr. Waldner did not pay the city taxes, as he was uncertain of the future with respect to his ability to rehab the property. There is no excuse for unpaid taxes but the extensive investment already undertaken to remedy the exterior of the building could not continue without the City's cooperation. Today, the City of Lackawanna has an opportunity to encourage a local property owner to invest further in the city by renovating a property that would bring long term benefit to the community including additional residents, taxes and economic growth. In order to ensure this opportunity continues on the right track, the property owner respectfully requests a waiver of some fees and interest accumulated on this account, partially as a result of the extensive process undertaken with the various city boards and departments.
For your reference I have attached the current City Treasurer print out showing the entire situation relating to this property. Time is running short on foreclosure, which is in part, where the City Zoning Board was motivated to address the matter. Your consideration in reducing some of the past due taxes, fees and interest would be a great investment in the community and the future of the subject property.
RALPH DAILEY for Mark Waldner
Moved by Szymanski, seconded by Jaworski to receive and file.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Resolutions: Resolution # ___, 2010
Reinstating DPW Foreman to CSEA Local 815:
WHEREAS, A foreman is the worker or tradesman who is in charge of a crew; and normally the foreman is a worker with many years of experience in a particular trade who is charged with organizing the overall implementation of a particular project, and
WHEREAS, the foreman is a person with working knowledge of all equipment who has moved into the position and is now focused on an overall management of all projects rather than any particular specialized group, and
WHEREAS, in 1985, the position of foreman was transferred from union to appointed, and
WHEREAS, this lateral move will be cost neutral and services provided will not be effected in anyway, and
WHEREAS, both CSEA Local 815 and CSEA International are willing to accept the position of foreman back into the union ranks.
NOW, THEREFORE, BE IT
RESOLVED, that the City Council acknowledges this lateral move from appointed to union, and be it further
RESOLVED, that the City Council authorizes the position of DPW Foreman to be reinstated into the ranks of CSEA Local 815.
THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY
Moved by Szymanski, seconded by Kulczyk to table the resolution and refer to the City Attorney for legal opinion.
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
Ordinances:
Rescinding Chapter 66, Section 66.17 – Dog Licensing:
BE IT ENACTED by the City Council that the Municipal Code, Chapter 66.17 is rescinded and re-enacted as follows
WHEREAS, On June 22, 2010, Governor Paterson signed a measure into law as part of the 2010-2011 State Budget that moves the remainder of the dog licensing functions required by Article 7 of the Agriculture and Markets Law to the level of local government, and
WHEREAS, the new law also continues but significantly changes the New York State Animal Population Control Program calling for a remittance of $3.00 per unsprayed/unneutered and $1.00 per spayed/neutered dog be forwarded to the New York State Agriculture and Markets; and
WHEREAS, the onus for licensing said dogs, will now be on the City Clerk's Office of the City of Lackawanna ; and
WHEREAS, commencing January 1, 2011, there will no longer be any kennel licenses issued for dogs harbored within the city limits, said dogs currently registered under kennel licenses shall now be licensed individually; and
BE AND IT IS HEREBY ENACTED, that section 66 of the City of Lackawanna Municipal Code is hereby rescinded; and is reinstated as follows:
Chapter 66.17, that dogs currently licensed under the previous kennel licenses shall be exempt from the ordinance passed by the City Council on January 16, 2007 which limits the number of dogs to two (2) per household; however no additional dogs will be allowed to be kennel licensed after January 1, 2011. All kennel housing dogs in the city must be licensed individually.
THIS ORDINANCE SHALL TAKE EFFECT AFTER THE SIGNATURE OF THE MAYOR
Moved by Jaworski, seconded by Schiavi to adopt the ordinance as written.
Yeas: Kulczyk, Schiavi, Jaworski
Nays: Noman, Szymanski CARRIED 3-2
Adjournment :
Moved by Kulczyk, seconded by Schiavi the meeting be adjourned
Yeas: Noman, Szymanski, Kulczyk, Schiavi, Jaworski CARRIED 5-0
CHUCK JAWORSKI, COUNCIL PRESIDENT
JACQUELINE CAFERRO, CITY CLERK