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Common Council
Last Updated: May 13th, 2008 - 09:00:42


City of Lockport Common Council Minutes April 16, 2008
By Richard P. Mullaney
May 13, 2008, 08:59

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CITY OF LOCKPORT
CORPORATION PROCEEDINGS

Lockport Municipal Building

Regular Meeting
Official Record
April 16, 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, Alexander, McKenzie, and Lombardi.
Absent: Alderman Pasceri and Alderman Schrader.

RECESS

Recess for public input.

041608.1 APPROVAL OF MINUTES

On motion of Alderman Lombardi, seconded by Alderman Kibler, the minutes of the Regular Meeting of April 2, 2008 are hereby approved as printed in the Journal of Proceedings. Ayes 4. Carried.

FROM THE MAYOR

Appointments:

3/25/08 Peter J. Sharkey, 56 Coolidge Street, Lockport, NY – appointed as Computer Technician effective March 25, 2008. Said appointment is permanent and subject to New York State Civil Service Rules and Regulations. Received and filed.

4/3/08 Michael J. McFall, 165 Elmwood Avenue, Lockport, NY – appointed as Wastewater Treatment Plant Mechanic effective March 28, 2008. Said appointment is permanent and subject to New York State Civil Service Rules and Regulations. Received and filed.

4/3/08 Mark DuPont, 1156 Quaker Road, Barker, NY – appointed as Senior Water Treatment Plant Operator effective March 26, 2008. Said appointment is provisional and subject to Rule 14 of the New York State Civil Service Rules and Regulations. Received and filed.

4/3/08 Douglas E. Sibolski, 5 Wilson Parkway, Lockport, NY – appointed as Chief
Wastewater Process Operator effective March 24, 2008. Said appointment is permanent and subject to Rule 14 of the New York State Civil Service Rules and Regulations. Received and filed.

4/3/08 Kristin Bernardi, 165 Park Lane Circle, Lockport, NY – appointed as Youth Bureau Aid effective April 3, 2008. Said appointment is provisional and subject to New York State Civil Service Rules and Regulations. Received and filed.

4/4/08 Michael D. Gardepe, 399 Pine Street, Lockport, NY – appointed as Wastewater Treatment Plant Mechanic effective April 7, 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)

4/2/08 Lee Kyriacou, State Board of Real Property Services, 16 Sheridan Avenue, Albany, NY – Certificate of Final Special Franchise Full Value for City and Town assessment roll to be filed in 2008 for the following special franchise companies:

New York State Electric & Gas $19,535,610
Niagara Mohawk dba Nat’l Grid $100,761
Verizon New York Inc. $2,774,126
Elantic Telecom, Inc $229
ACC Communications $34,850
Time Warner-Buffalo $481,555
Grand Total: $22,927,131

Referred to the City Assessor.

4/2/08 Ellen Schratz, President, Historic Palace, Inc., Two East Avenue, Lockport, NY – request that Main Street be closed from Elm Street to Charles Street on July 26, 2008 from 2:00 p.m. to 10:00 p.m. for their annual picnic. Referred to the Committee of the Whole.

4/4/08 Richard P. Mullaney, City Clerk - report of bid proposals received on April 4, 2008 for Outwater Park Renovations as follows:

R. B. Mac Construction Co., Inc. $213,550
Lockport, NY

D. R. Chamberlain Corp. $219,238
Lockport, NY

Sicoli Construction Services, Inc. $229,800
Niagara Falls, NY

Titan Development Inc. $256,160
Gasport, NY

Patterson-Stevens, Inc. $293,035
Tonawanda, NY

Referred to the Committee of the Whole.

4/4/08 Richard P. Mullaney, City Clerk – report that one bid proposal was received on April 4, 2008 for Two (2) Type III Emergency Medical Vehicles from North Eastern Rescue Vehicles, Inc., Syracuse, NY in the amount of $240,900. Referred to the Committee of the Whole.

4/4/08 Norm Allen, Director of Engineering – re: Digester Reconstruction Investigation – agrees with recommendation from Sterns and Wheler to cease further studies to reuse the digesters and believes that we should dismantle the tanks and recycle the materials. Referred to the Committee of the Whole.

4/10/08 Norm Allen, Director of Engineering – recommendation that the bid for Outwater Park renovations be awarded to the low bidder, R. B. Mac Construction Co., Inc. in the amount of $213,550.00 plus a 20% contingency. Referred to the Committee of the Whole.

Notice of Defect:
3/28/08 248 Hawley Street, Lockport, NY – tree
4/1/08 39 Briarwood Drive, Lockport, NY – storm sewer
Referred to the Highways & Parks Department.

Notice of Claim:
3/28/08 Betty Schielke, 248 Hawley Street, Lockport, NY
3/31/08 Howard H. Vough, 4328 Sunset Drive, Lockport, NY
4/1/08 Wayne and Linda Shutt, 39 Briarwood Drive, Lockport, NY
4/8/08 Billy Jo Spencer, Mother and Natural Guardian of Damon Singleton
Spencer, 10 Reed Street, Lockport, NY
Referred to the Corporation Counsel.

MOTIONS & RESOLUTIONS

041608.2
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 April 18, 2008.
Seconded by Alderman Lombardi and adopted. Ayes 4.

041608.3
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 4.

041608.4
By Alderman McKenzie:
Resolved, that pursuant to § C-202 of the Lockport City Code, the appointment of Mark DuPont to the position of Senior Water Treatment Plant Operator is hereby confirmed.
Seconded by Alderman Lombardi and adopted. Ayes 4.

041608.5
By Alderman McKenzie:
Resolved, that pursuant to § C-188 of the Lockport City Code, the following appointments are hereby confirmed:

Michael J. McFall - Wastewater Treatment Plant Mechanic
Douglas E. Sibolski - Chief Wastewater Process Operator
Michael D. Gardepe – Wastewater Treatment Plant Mechanic.

Seconded by Alderman Kibler and adopted. Ayes 4.

041608.6
By Alderman Alexander:
Resolved, that pursuant to their request, the Historic Palace Theatre is hereby granted permission to barricade Main Street from Elm Street from to Charles Street on Saturday, July 26, 2008 from 2:00 p.m. to 10:00 p.m. for their Picnic at the Palace event, subject to filing a certificate of insurance with the City Clerk naming the City of Lockport as additional insured, and be it further
Resolved, that the Highways & Parks Department is hereby authorized and directed to deliver barricades, traffic cones, and street closed signs to said area prior to the event.
Seconded by Alderman McKenzie and adopted. Ayes 4.

041608.7
By Alderman Lombardi:
Resolved, that pursuant to their request, permission is hereby granted to Luminina Hope Chest Buffalo to conduct a Ribbon Regatta at Widewaters Park on June 21, 2008 subject to filing a certificate of insurance with the City Clerk naming the City of Lockport as additional insured.
Seconded by Alderman Alexander and adopted. Ayes 4.

041608.8
By Alderman Kibler:
Resolved, that resolution #040208.6 relative to granting a revocable permit for an
awning at Tom’s Diner, 11 Main Street, be amended by changing “awning” to awning/sign.
Seconded by Alderman Lombardi and adopted. Ayes 4.

041608.9
By Alderman Lombardi:
Resolved, that the Superintendent of Streets, Parks and Refuse is hereby authorized and directed to sell at public auction, to the highest bidders, used vehicles and surplus equipment/supplies at the Highways & Parks Department, and be it further
Resolved, that the City Clerk is authorized and directed to advertise for same.
Seconded by Alderman McKenzie and adopted. Ayes 4.

041608.10
By Alderman Lombardi:
Resolved, that the City Clerk is hereby authorized and directed to forward a communication to the Lockport City School District requesting permission to conduct the fireworks display at North Park Middle School, and be it further
Resolved, that the fireworks display shall be conducted on Saturday, July 5, 2008 with rain date being Sunday, July 6, 2008.
Seconded by Alderman Kibler and adopted. Ayes 4.

041608.11
By Alderman Lombardi:
Resolved, that Chapter 183, Vehicles and Traffic, be amended as follows (changes in bold):

§183.23.1 Handicapped parking zones.

The streets or parts of streets or City-owned and operated parking lots or parts of parking lots described in Schedule XIIA ( §183-55.1), attached to and made a part of this chapter, are hereby designated as handicapped parking zones and, as such, are hereby reserved for the use of vehicles being used for the transportation of a severely disabled or handicapped person or persons.

§183-55.1, Schedule XIIA: Handicapped Parking Zones

In accordance with the provisions of §183.23.1, the following described streets or parts of streets or City-owned and operated parking lots or parts of parking lots are hereby designated as handicapped parking zones:

“ADD”

Name of Street Side Location

Chestnut Street North From 20 feet west of McCollum west for 6 spaces

“ADD”

Name of City owned and Location
operated parking lots

Parking Lot #1 Chestnut Street
Triangle Parking Lot Market/Elm
Big Bridge Parking Lots Main Street – north and south lots
Parking Lot #9 Lower Main Street
Parking Lot #5 Walnut between Pine and Cottage Streets

and, be it further

Resolved, that the Superintendent of Streets, Parks and Refuse be directed to confer with the Chief Building Inspector regarding appropriate signage and striping and the City Clerk regarding location of spaces within the lots prior to installation of signage and striping of handicapped parking spaces.

Seconded by Alderman McKenzie and adopted. Ayes 4.

041608.12
By Alderman Lombardi:

Whereas, the Common Council on February 20, 2008, authorized and directed the Mayor to submit to the Office for Small Cities an application for financial assistance to Niagara Produce Lockport, Inc. under the Small Cities Community Development Block Grant Program; and

Whereas, the Mayor has been notified that said application has been approved and has been forwarded a Grant Agreement for execution, now, therefore, be it

Resolved, that the Mayor be and he hereby is authorized and directed to execute and deliver said Grant Agreement to the Office for Small Cities, and to take all acts and execute and deliver any and all documents, and be it further

Resolved, that the Mayor be and he hereby is authorized and directed to enter into a contractual arrangement with Greater Lockport Development Corporation to provide certain economic development services regarding the Niagara Produce Lockport, Inc. grant.

Seconded by Alderman Kibler and adopted. Ayes 4.

041608.12A
By Alderman Lombardi:
Resolved, that the Corporation Counsel is hereby authorized to prepare a Local Law relative to Registration of Rental Residential Housing Units, and be it further
Resolved, that a public hearing be held at the Common Council meeting of May 7, 2008, starting at 7:00 P.M. in the Common Council Chambers, Lockport Municipal Building, One Locks Plaza, Lockport, NY relative to said local law, and be it further
Resolved, that the City Clerk is hereby authorized and directed to advertise notice of said public hearing.
Seconded by Alderman Alexander and adopted. Ayes 4.

041608.12B
By Alderman Lombardi:
Resolved, that the bid proposal of R.B. Mac Construction Co., Inc., Lockport, NY, received on April 4, 2008 for Outwater Park renovations be accepted in the amount of $213,550.00 plus a 20% contingency. Cost of same to be charged to account #005-0005-0095.
Seconded by Alderman Kibler and adopted. Ayes 4.

041608.12C
By Alderman Lombardi:
Resolved, that pursuant to the recommendation of the Civil Service Commission, Robert Spencer’s title of Building Municipal Worker be reclassified to Laborer.
Seconded by Alderman McKenzie and adopted. Ayes 4.
041608.12D
By Alderman Kibler:
Resolved, that pursuant to their request, the Lockport Midget Baseball League is hereby granted permission to use the hardball diamonds at Outwater and Kibler Parks during the 2008 season subject to approval of the schedule by the Highways & Parks Department and subject to filing a certificate of insurance with the City Clerk naming the City of Lockport as additional insured.
Seconded by Alderman Lombardi and adopted. Ayes 4.

041608.12E
By Alderman Lombardi:
Resolved, that Chapter 183, Vehicles and Traffic, Article VII, Schedules, §183-49. Schedule VI: Stop Intersections. be amended by adding the following (in bold):

Stop Sign on Direction of Travel At Intersection of

West Avenue East/West Hawley Street

Seconded by Alderman Alexander and adopted. Ayes 4.

Conclusion of agenda.

041608.13 ADJOURNMENT

At 7:13 P.M. Alderman Lombardi moved the Common Council be adjourned until 7:00 P.M., Wednesday, May 7, 2008.
Seconded by Alderman Alexander and adopted. Ayes 4.


RICHARD P. MULLANEY
City Clerk




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