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Common Council
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Last Updated: Mar 10th, 2008 - 13:12:45 |
CITY OF LOCKPORT
CORPORATION PROCEEDINGS
Lockport Municipal Building
Regular Meeting
Official Record
February 6, 2008
7:00 P.M.
Mayor Michael W. Tucker called the meeting to order.
ROLL CALL
The following Common Council members answered the roll call:
Aldermen Kibler, Pasceri, Alexander, McKenzie, Schrader, and Lombardi.
RECESS
Recess for public input.
020608.1 APPROVAL OF MINUTES
On motion of Alderman Lombardi, seconded by Alderman Kibler, the minutes of the Regular Meeting of January 16, 2008 and the Special Meeting of January 23, 2008 are hereby approved as printed in the Journal of Proceedings. Ayes 6. Carried.
PUBLIC HEARING
The Mayor announced a public hearing on a request for a Special Use Permit made by Derek Martin of High Tread International to operate a steel processing area at 490 Ohio Street, Lockport, NY situated in an I-3 Zone.
The Mayor asked the City Clerk if any petitions or communications relative to said Special Use Permit have been received.
1/25/08 Charlene Seekins-Smith, Chairman, Lockport Planning and Zoning Board – recommendation to Council that a request for a Special Use Permit made by Derek Martin,
High Tread International, to operate a steel processing area located at 490 Ohio Street, situated
in an I-3 Zone be approved. Referred to the Committee of the Whole.
2/6/08 Nicholas Blajszczak, 122 Stevens Street, Lockport, NY – expressed concerns about High Tread International’s expanding their current tire recycling and adding a scrap metal yard to the facility such as:
environmental concerns
eyesore
health threats - disease carrying pests (mosquitoes and rodents) and toxic tire fires
plummeting real estate value
Referred to the Committee of the Whole.
Recess for public input.
The Mayor closed the public hearing.
FROM THE MAYOR
Appointments:
1/23/08 Barbara Parker, 114 Niagara Street, Lockport, NY – appointed as Administrative Coordinator effective November 17, 2007. Said appointment is provisional and subject to New York State Civil Service Rules and Regulations. Received and filed.
1/23/08 Judy L. Ritchie, 8180 Lincoln Avenue, Lockport, NY – appointed as Senior Account Clerk effective November 17, 2007. Said appointment is provisional and subject to New York State Civil Service Rules and Regulations. Received and file.
1/24/08 David J. Miller, 5463 Niagara Street Ext., Lockport, NY – appointed as Housing Inspector for the City of Lockport effective February 4, 2008. Said appointment is provisional and subject to New York State Civil Service Rules and Regulations. Received and filed.
1/24/08 Ryan D. Magee, 24 Passaic Avenue, Lockport, NY – appointed as Wastewater Treatment Plant Operator Trainee effective January 28, 2008. Said appointment is permanent and subject to rule 14 of the New York State Civil Service Rules and Regulations. Referred to the Committee of the Whole.
1/24/08 Wade M. Andes, 19 Russell Street, Lockport, NY – appointed as Laborer effective January 31, 2008. Said appointment is permanent and subject to New York State Civil Service Rules and Regulations. Received and filed.
FROM THE CITY CLERK
The Clerk submitted payrolls, bills for services and expenses, and reported that the Department Heads submitted reports of labor performed in their departments.
Referred to the Finance Committee.
Communications (which have been referred to the appropriate City officials)
1/18/08 Richard P. Mullaney, City Clerk – report of bid proposals received on January 18, 2008 for Removal and Disposal of Contaminated Soil at 1 Bristol Avenue as follows:
Horizon Environmental Services, Inc. $423,589.50
Cranberry, PA
Cambria Contracting Inc. $350,807.00
Lockport, NY
Mark Cerrone Inc. $494,845.00
Niagara Falls, NY
Referred to the Committee of the Whole.
1/21/08 Audrey Tracy, American Legion, B. Leo Dolan Post and Unit 410, Lockport, NY – request permission to hold their annual “Poppy Days” in the City of Lockport on Thursday, May 22, 2008. Referred to the Committee of the Whole.
1/29/08 Richard P. Mullaney, City Clerk - notification that the following companies have submitted letters of interest for the Lincoln-Summit Corridor Improvements project:
Nussbaumer & Clarke, Inc., Buffalo, NY
Urban Engineers of New York, P.C., Buffalo, NY
Wendel Duchscherer Architects & Engineers, Amherst, NY
Foit-Albert Associates, Architecture, Engineering and Surveying, P.C., Buffalo, NY
Clark Patterson Lee, Buffalo, NY
Bergmann Associates, Buffalo, NY
TVGA Consultants, Elma, NY
Clough Harbour & Associates LLP, Buffalo, NY
Watts Architecture & Engineering, P.C., Buffalo, NY
Referred to the Committee of the Whole.
1/30/08 Frontier Chemical Site PRP Group, Royal Avenue and 47th Street, Niagara Falls, NY – offer of Settlement and Liability Release. Referred to the Corporation Counsel.
1/30/08 Norm Allen, Director of Engineering – recommendation that the bid for removal and disposal of contaminated soil at 1 Bristol Avenue be awarded to the low bidder, Cambria Contracting, in the amount of $350,807.00 plus a 20% contingency. Referred to the Committee of the Whole.
2/1/08 Richard P. Mullaney, City Clerk – notification that the Lockport Municipal Offices will be closed as follows in the month of February in observance of the President's birthdays:
Monday, February 11th
Monday, February 18th
There will be no change in the garbage pickup schedule.
Referred to the media.
2/6/08 Jean Kiene, 400 Willow Street, Lockport, NY – comments regarding Landlord Licensing. Referred to the Committee of the Whole.
Notice of Defect:
1/28/08 40 Grant Street, Lockport, NY – sewer water flooded basement
1/30/08 111 Stevens Street, Lockport, NY - tree
Referred to the Highways & Parks Department.
Notice of Claim:
1/14/08 Cari J. Brown, CPA, Brown Tax & Accounting, 197 East Avenue, Lockport, NY
1/16/08 State Farm Fire and Casualty Company, as subrogee of Audrey Tomaino, 63 Rochester Street, Lockport, NY
Referred to the Corporation Counsel.
MOTIONS & RESOLUTIONS
020608.2
By Alderman Kibler:
Resolved, that the Mayor and City Clerk be authorized to issue orders in favor of the claimants for payrolls, bills, and services to be paid on February 8, 2008.
Seconded by Alderman Pasceri and adopted. Ayes 6.
020608.3
By Alderman Kibler:
Resolved, that claims authorized for payment by the Director of Community Development, and subsequently paid from the Community Development Escrow Account, be and the same are hereby approved.
Seconded by Alderman Alexander and adopted. Ayes 6.
020608.4
By Alderman Lombardi:
Resolved, that the Mayor and Common Council do hereby extend congratulations and appreciation to the following City employee for his years of dedicated service to the City of Lockport:
Employee Years of Service Title
Norman T. Baker 30 Sr. Water Maintenance Worker
Seconded by Alderman McKenzie and adopted. Ayes 6.
020608.5
By Alderman Lombardi:
Resolved, that pursuant to their request, the B. Leo Dolan Unit #410, American Legion Auxiliary, Department of New York, is hereby granted permission to conduct their annual "Poppy Days" in the City of Lockport on May 22, 2008 and be it further
Resolved, that the City Clerk is authorized and directed to issue a permit for same.
Seconded by Alderman Schrader and adopted. Ayes 6.
By Alderman Lombardi:
Resolved, that the Common Council recess.
Seconded by Alderman Kibler and adopted. Ayes 6.
020608.6
By Alderman Lombardi:
Resolved, that the request for a special use permit made by Derek Martin, High Tread International to operate a steel processing area located at 490 Ohio Street, situated in an I-3 Zone, be and the same is hereby approved, subject to the following provisions:
1. Entrance and exit shall be on Ohio Street only;
2. Heavy melt/plate structure areas to be no higher than 20 feet;
3. No automobiles or trucks within special use area - only raw steel and white goods;
4. No hazardous material on site;
5. Refrigerators only with green tag accepted;
6. No outside storage of materials beyond transfer area;
7. No trailers visible from Stevens Street;
8. No excessive noise or disturbance of neighborhood. No outside work after 9:00 pm;
9. Install opaque fence with sufficient plantings to provide aesthetic buffer from Stevens Street;
10. No appreciable change in traffic;
11. Former Upson building shall be boarded up by July 31, 2008;
12. No offensive odors or excessive dust;
13. Special Use permit shall expire in five (5) years and applicant shall be required to apply for a renewal.
The special permit shall go to the applicant only and shall terminate on the sale or transfer of the property, and further it terminates if the use permitted is abandoned for more than one year, if any of the conditions enumerated herein have changed, and in the discretion of the Common Council make such use unsuitable.
Seconded by Alderman McKenzie and adopted. Ayes 6.
020608.7 Withdrawn (add 1 Public Works Mechanic to budget acct. #5130)
020608.8
By Alderman Schrader:
Resolved, that the table of organization in the 2008 General Fund Budget be amended by creating the position of Temporary Firefighter in budget account #3410 for a period not to exceed three months. Cost of same to be charged to account #01 3410.100.
Seconded by Alderman Alexander and adopted. Ayes 6.
020608.9
By Alderman Schrader:
Resolved, that pursuant to § C-188 of the Lockport City Code, the appointment of Ryan D. Magee to the position of Wastewater Treatment Plant Operator Trainee is hereby confirmed.
Seconded by Alderman Kibler and adopted. Ayes 6.
020608.10
By Alderman Lombardi:
Resolved, that pursuant to the recommendation of the Civil Service Commission, the table of organization in the 2008 General Fund Budget be amended as follows:
01 3410 Fire Department
"delete" the title of Senior Typist; and “add” the title of Administrative Coordinator.
Seconded by Alderman Schrader and adopted. Ayes 5. Alderman Kibler voted nay.
020608.11
By Alderman Pasceri:
A RESOLUTION BY THE CITY OF LOCKPORT COMMON COUNCIL
ESTABLISHING THE CITY COUNCIL AS LEAD AGENCY FOR THE HISTORIC
RESTORATION OF THE FLIGHT OF FIVE LOCKS ON THE ERIE CANAL
WHEREAS, the City of Lockport seeks to restore and repair Locks 67 – 71 of the Erie Canal back to their original working condition, and
WHEREAS, the project has been classified as a Type 1 action in accordance with 6 NYCRR Part 617.4(b) (9) of the Environmental Conservation Law (State Environmental Quality Review {SEQR}), and
WHEREAS, in accordance with 6 NYCRR Part 671.6(b) (9), a Lead Agency must be designated,
NOW, THEREFORE BE IT RESOLVED, that the City of Lockport Common Council requests designation as the SEQR Lead Agency, in accordance with the regulations, for the purpose of conducting a Coordinated Review of this project; and
BE IT FURTHER RESOLVED, that the City Council authorizes the initiation of the SEQR Coordinated Review Process and the sending of required Lead Agency mailings to Involved and Interested Agencies, along with issuance of the appropriate notices.
Seconded by Alderman Lombardi and adopted. Ayes 6.
020608.12
By Alderman McKenzie:
Resolved, that the bid proposal of Cambria Contracting Inc., Lockport, NY received on January 18, 2008 for Removal and Disposal of Contaminated Soil at 1 Bristol Avenue, being the lowest responsible bidder, be accepted in the amount of $350,807.00 plus a reserve contingency amount of 20% or $70,200.00. Cost of same to be charged to account #004-0200-0105.
Seconded by Alderman Kibler and adopted. Ayes 6.
020608.13
By Alderman Lombardi:
Resolved, that a public hearing be held at the Common Council meeting of Wednesday, March 19, 2008 starting at 7:00 P.M. in the Common Council Chambers, Lockport Municipal Building, One Locks Plaza, Lockport, NY relative to Landlord Licensing, and be it further
Resolved, that the City Clerk is hereby authorized and directed to advertise notice of said public hearing.
Seconded by Alderman Schrader and adopted. Ayes 6.
020608.14
By Alderman Kibler
Resolved, that the Mayor, subject to Corporation Counsel approval, be and the same is hereby authorized and directed to execute a contract with Bergmann Associates for Record Drawing Integration in relation to the Scanning Grant at a cost of $24,080.00 to be charged to account #004-0004-0072.
Seconded by Alderman Pasceri and adopted. Ayes 6.
020608.15
By Alderman Kibler:
Resolved, that the Mayor, subject to Corporation Counsel approval, be and the same is hereby authorized and directed to execute a contract with Bergmann Associates for Property Information and Mapping Application in relation to the ORPS Grant at a cost of $48,200.00 to be charged to account #004-0004-0056.
Seconded by Alderman McKenzie and adopted. Ayes 6.
020608.15A
By Alderman Schrader:
Whereas, the City of Lockport is desirous of making application for funds under the Community Development Block Grant Small Cities Program, and
Whereas, it is necessary to provide for and obtain the views of citizens on Community Development and housing needs relative to the City’s applications for Community Development funds, now, therefore, be it
Resolved, that the Director of Community Development be and he is hereby directed to publish a Notice of Fund Availability, Notice of Public Hearing, regarding the CDBG Economic Development Application and Abbreviated Consolidated Plan to be held at 6:00 p.m. on February 19, 2008.
Seconded by Alderman McKenzie and adopted. Ayes 6.
020608.15B
By Alderman Schrader:
Whereas, the City of Lockport desires to provide emergency backup electrical power to both the Wastewater Treatment Plant and the Water Filtration Plant, and
Whereas, the City of Lockport desires to continue with the design services of Wendel Duchscherer at the Wastewater Treatment Plant for this project, now, therefore, be it
Resolved, that the Mayor, subject to Corporation Counsel approval, be and the same is hereby authorized and directed to execute a contract with Wendel Duchscherer, 140 John James Audubon Parkway, Suite 201, Amherst, NY 14228 for professional design services at a cost not to exceed $55,000.00 to be charged equally between accounts #00105200060 Water Filtration and account #00105200069 Wastewater.
Seconded by Alderman Alexander and adopted. Ayes 6.
020608.15C
By Alderman Lombardi:
Resolved, that an informational public meeting be held immediately after the Common Council meeting of Wednesday, February 20, 2008 in the Common Council Chambers, Lockport Municipal Building, One Locks Plaza, Lockport, NY to discuss the discontinuance of Washburn Street between Chestnut Street and Union Street.
Seconded by Alderman Schrader and adopted. Ayes 6.
Conclusion of agenda.
020608.16 ADJOURNMENT
At 8:38 P.M. Alderman Lombardi moved the Common Council be adjourned until 7:00 P.M., Wednesday, February 20, 2008.
Seconded by Alderman Kibler and adopted. Ayes 6.
RICHARD P. MULLANEY
City Clerk
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