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Common Council
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Last Updated: Nov 6th, 2008 - 08:53:06 |
CITY OF LOCKPORT
CORPORATION PROCEEDINGS
Lockport Municipal Building
Regular Meeting
Official Record
September 3, 2008
6:00 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.
090308.1 APPROVAL OF MINUTES
On motion of Alderman Lombardi, seconded by Alderman Kibler, the minutes of the Regular Meeting of August 20, 2008 are hereby approved as printed in the Journal of Proceedings. Ayes 6. Carried.
PUBLIC HEARING
The Mayor announced a public hearing on a proposed Historic Preservation Ordinance.
The Mayor asked the City Clerk if any petitions or communications relative to said proposed ordinance have been received.
Recess for public input.
The Mayor closed the public hearing.
PUBLIC HEARING - cancelled
Re: proposed local law to amend the Zoning Ordinance, Article XVII Sign
Regulations of the Lockport City Code.
PUBLIC HEARING
The Mayor announced a public hearing on a proposed local law to amend the City of Lockport “Schedule of Sewer Rents and Other Charges.”
The Mayor asked the City Clerk if any petitions or communications relative to said proposed local law have been received.
Recess for public input.
The Mayor closed the public hearing.
PUBLIC HEARING
The Mayor announced a public hearing on a proposed local law to establish a First Source Hiring and Local Enterprise Policy.
The Mayor asked the City Clerk if any petitions or communications relative to said proposed local law have been received.
Recess for public input.
The Mayor closed the public hearing.
FROM THE MAYOR
Appointments:
8/20/08 Clayton C. Dimmick, 27 Outwater Drive, Lockport, NY – appointed as Building Inspector effective August 19, 2008. Said appointment is permanent and subject to City of Lockport Municipal Civil Service Rules and Regulations. Received and filed.
8/20/08 Jason C. Dool, 392 Ohio Street, Lockport, NY – appointed as Housing Inspector effective August 19, 2008. Said appointment is permanent and subject to City of Lockport Municipal Civil Service Rules and Regulations. Received and filed.
8/20/08 David J. Miller, 25 Park Lane Circle, Lockport, NY – appointed as Housing Inspector effective August 19, 2008. Said appointment is permanent and subject to City of Lockport Municipal 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)
8/15/08 Gordie Fletcher, UAW, Local 686, Unit #1 President, 524 Walnut Street, Lockport, NY – request permission to hold their Annual Veteran’s Appreciation 5K run on November 8, 2008. Referred to the Committee of the Whole.
8/25/08 Kelly A. Lewandowski, P.E., Chief Site Control Section, NYS DEC, Division of Environmental Remediation, 625 Broadway, Albany, NY – follow-up to a notification that the Old Upper Mountain Road Site is included in the Registry of Inactive Hazardous Waste Disposal Sites. The site was recently added as a Class 2 indicating that a significant threat to the public health or environment exists – action required. Referred to the Committee of the Whole and Director of Engineering.
8/25/08 Debra VanDusen, Emmanuel United Methodist Church, 75 East Avenue, Lockport, NY – request permission to conduct hay rides during their annual fall festival and auction on Saturday, October 18, 2008 from 2:00 p.m. to 4:00 p.m. Referred to the Committee of the Whole.
8/27/08 Michael Kelleher, Sport Coordinator, Lockport Family YMCA, 19 East Avenue, Lockport, NY – request permission to use Altro Park on September 6th, 2008 for their Punt, Pass, and Kick competition. Referred to the Committee of the Whole.
9/3/08 Denise F. Gugliuzza, Deputy City Clerk – report of bid proposals received on August 29, 2008 for City of Lockport Generator Installations as follows:
IPL $321,200
Buffalo, NY
D.R. Construction $378,564
Lockport, NY
Frey Electric $397,000
Tonawanda, NY
CIR Electrical $398,700
Buffalo, NY
RB Mac Construction $429,000
Lockport, NY
O’Connell Electric $485,400
Lancaster, NY
Tunney Electric $486,709
Clarence Center, NY
Referred to the Committee of the Whole.
Notice of Defect:
8/19/08 2 Lakeview Parkway, Lockport, NY – tree
8/22/08 233 Lock Street, Lockport, NY - trees
Referred to the Highways & Parks Department.
Notice of Claim:
8/12/08 David S. Broderick, 761 Mary Lane, Lewiston, NY
Referred to the Corporation Counsel.
Order and Settlement Agreement
- in the matter of the application for review under Article 7 of the Real Property Tax Law:
8/4/08 Elmer A. Granchelli & Joseph J. Granchelli, Velco Inc. & Centennial Development – for tax years 2006-07 and 2007-08.
8/28/08 Elmer A. Granchelli & Joseph J. Granchelli, Velco Inc. & Centennial Development – for tax year 2008-09.
Referred to the City Assessor and Corporation Counsel.
MOTIONS & RESOLUTIONS
090308.2
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 September 5, 2008.
Seconded by Alderman Pasceri and adopted. Ayes 6.
090308.3
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.
090308.4
By Alderman Lombardi:
Resolved, that the Mayor and Common Council do hereby extend congratulations and appreciation to the following City employees for their years of dedicated service to the City of Lockport:
Employee Years of Service Title
Scott D. Seekins 25 Police Lieutenant Detective
Joseph M. Brown 20 Police Officer
Warren D. Hale 15 Police Detective
Richard A. Provenzano 15 Police Officer
Donald F. Stoll 15 Firefighter
Salvatore Licata 10 Police Detective
Amy B. Wiltse 5 Clerk/Matron
Seconded by Alderman McKenzie and adopted. Ayes 6.
090308.5
By Alderman Lombardi:
Resolved, that pursuant to their request, the United Auto Workers, Local 686 Veteran’s Committee is hereby granted permission to conduct their Annual Veteran’s Appreciation 5K run and barricade Vine Street from Walnut Street to Remick Parkway starting at approximately noon on November 8, 2008, subject to the U.A.W. Local 686 filing a certificate of insurance with the City Clerk naming the City of Lockport as additional insured and subject to approval of the race route by the Police Chief, and be it further
Resolved, that the Highways & Parks Department is authorized and directed to deliver barricades to said area prior to the event.
Seconded by Alderman Schrader and adopted. Ayes 6.
090308.6
By Alderman Alexander:
Resolved, that pursuant to their request, permission is hereby granted the residents of Morrow Avenue to barricade Morrow Avenue on Saturday, September 13, 2008 for a block party, and be it further
Resolved, that the Highways & Parks Department be and the same is hereby authorized and directed to deliver barricades to said area prior to the event.
Seconded by Alderman Lombardi and adopted. Ayes 6.
By Alderman Kibler:
Resolved, that the reading of the foregoing resolution be and the same is hereby waived.
Seconded by Alderman McKenzie and adopted. Ayes 6.
090308.7
By Alderman Schrader:
Resolved, that the following local law be and the same is hereby adopted:
City of Lockport
Local Law No. 4 of the year 2008
A local law to amend the City of Lockport “Schedule of Sewer Rents and Other Charges.”
Be it enacted by the Common Council of the City of Lockport as follows:
SEWER RATES
The following sewer rental charges shall be effective on all residential, commercial, and industrial water consumption billed as follows:
after January 1, 2009
$12.50 per month service charge for both domestic and industrial users plus a commodity charge of $2.25 per 100 cu. ft. of water billed, plus a standard surcharge for industrial users for excess strength of sewage as stated in all existing Industrial sewer contracts.
INDUSTRIAL $ 12.50
COMMERCIAL & RESIDENTIAL $ 37.50 (billed quarterly)
The standard surcharge for all industrial users for excess strength of sewage as stated in all existing industrial service contracts be as follows:
Type Fee
Discharging wastewater, per 100 cubic
feet:
Effective 01 January 2009........................................................$ 1.06
Discharging excess total suspended solids
in excess of 350 mg per liter per one
hundred pounds per day:
Effective 01 January 2009.........................................................$ 3.12
Discharging excess BOD in excess of
250 mg liter per, per one hundred
pounds per day:
Effective 01 January 2009.........................................................$2.80
Discharging wastewater through the use
of a waste hauler per one thousand
gallons:
Effective 01 January 2009.......................................................$16.48
Annual waste hauler disposal permit
authorizing the use of City of
Lockport wastewater treatment plant
to a specific waste hauler:
Effective 01 January 2009.....................................................$350.00
Annual amount charged for an effective
City of Lockport wastewater discharge
permit issued to City of Lockport
industries identified as POTW
significant industrial users (SIU's):
Effective 01 January 2009.....................................................$375.00
Effective January 1, 2009, laboratory
analysis at City of Lockport wastewater
treatment plant laboratory are as follows:
Analyte Rate
pH $10.00
Residual C12 $10.00
Settleable solids $10.00
Total suspended solids $30.00
Total solids $15.00
BOD 5 $40.00
COD $40.00
Dissolved oxygen $20.00
Total coliform $30.00
Fecal coliform $35.00
NH3-N $35.00
TKN $35.00
Oil and grease, total $40.00
Total phosphorus $30.00
Zn, Cd, Cr, Cu, Pb each $25.00
This Local Law shall take effect January 1, 2009.
Seconded by Alderman Kibler. A roll call vote was taken which resulted as follows:
Alderman Alexander VOTING Y
Alderman Kibler VOTING Y
Alderman Lombardi VOTING Y
Alderman McKenzie VOTING Y
Alderman Pasceri VOTING Y
Alderman Schrader VOTING Y
The local law was thereupon declared duly adopted.
090308.8
By Alderman Schrader:
Resolved, that the following water rates for the City of Lockport shall be effective on all residential and commercial water consumption billed after January 1, 2009 and on all industrial water billed after January 1, 2009:
CITY OF LOCKPORT - WATER RATES
EFFECTIVE JANUARY 1, 2009
Each and every meter located in any building shall be classified as a separate meter account.
MONTHLY BILLS
Rates for all industrial users of water:
Rate for each meter in building $15.32 per month, plus the following:
Minimum rate - $12.50 per each one month period or fraction thereof:
First 50,000 cu. ft. $2.65 per 100 cu. ft.
Next 100,000 cu. ft. 2.40 per 100 cu. ft.
Over 150,000 cu. ft. 2.10 per 100 cu. ft.
QUARTERLY BILLS
Rates for commercial users of water are:
Minimum rate – As per City of Lockport Meter Fee Schedule effective January 1, 2009, and, a usage commodity charge of $2.65 per 100 cu. ft.
Rates for residential users of water are:
Minimum rate – As per City of Lockport Meter Fee Schedule effective January 1, 2009, and, a usage commodity charge of $2.50 per 100 cu. ft.
RURAL BILLS
Rates for all non-resident users of water - quarterly rate plus 50%
BULK WATER
$3.29 per 1,000 gallons.
and, be it further
Resolved, that the following Meter Fee Schedule for all Residential and Commercial meters is as follows:
CITY OF LOCKPORT METER FEE SCHEDULE
EFFECTIVE JANUARY 1, 2009
Rate/Quarter Meter Size
$37.50 A 5/8”
$42.50 B ¾”
$47.50 C 1”
$52.50 D 1 ½”
$57.50 E 2”
$62.50 F 3”
$67.50 G 4”
$72.50 H 6”
Seconded by Alderman Pasceri and adopted. Ayes 6.
090308.9
By Alderman Lombardi:
Whereas, the Common Council on April 2, 2008, authorized and directed the Mayor to submit to the New York State Office of Community Renewal an application for assistance under the Small Cities Community Development Block Grant Program, and
Whereas, the Mayor has been notified that said application has been approved for funding in the amount of $400,000.00 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 the Grant Agreement to the New York State Office of Community Renewal, and to take all acts and execute and deliver any and all documents.
Seconded by Alderman Alexander and adopted. Ayes 6.
090308.10
By Alderman Lombardi:
Whereas, the City of Lockport is engaged in the administration of the Community Development Block Grant Program, and
Whereas, the City of Lockport has established a Homeownership Program for the City of Lockport residents, now, therefore, be it
Resolved, that the Director of Community Development be authorized to administer those 2008 Community Development funds budgeted for the Homeownership Program, as outlined in the brochure previously distributed to the Common Council and approved by the New York State Office of Community Renewal.
Seconded by Alderman McKenzie and adopted. Ayes 6.
090308.11
By Alderman Alexander:
Resolved, that pursuant to their request, Emmanuel United Methodist Church is hereby granted permission to barricade Wakeman Place and to conduct hayrides during their annual fall festival and auction on Saturday, October 18, 2008 from 2:00 p.m. to 4:00 p.m. Said permission is subject to Emmanuel United Methodist Church filing a certificate of insurance with the City Clerk naming the City of Lockport as additional insured and approval of the route by the Police Chief, and be it further
Resolved, that the Highways and Parks Department be and the same is hereby authorized and directed to deliver barricades to the area prior to the event.
Seconded by Alderman Schrader and adopted. Ayes 6.
090308.12
By Alderman McKenzie:
Resolved, that the Corporation Counsel be and the same is hereby authorized and directed to draft an agreement with the Lockport City School District for continuation of a School Resource Officer, and be it further
Resolved, that the Mayor, subject to Corporation Counsel approval, be and the same is hereby authorized and directed to execute same.
Seconded by Alderman Lombardi and adopted. Ayes 6.
090308.13
By Alderman Schrader:
Resolved, that pursuant to their request, the Lockport Family Y.M.C.A. is hereby granted permission to use the grounds of Altro Park for their NFL Pepsi Punt, Pass, & Kick Competition on September 6, 2008, starting at 9:00 a.m. to noon, subject to filing a certificate of insurance with the City Clerk naming the City of Lockport as additional insured and adherence to established rules and regulations for City parks.
Seconded by Alderman Kibler and adopted. Ayes 6.
090308.14
By Alderman Schrader:
Resolved, that pursuant to the recommendation from Greater Lockport Development Corporation in connection with the Community Development Department’s Economic Development Loan Program, authorized by resolution of the Common Council on June 23, 1982, as amended, the proposed loan of $20,000 to Tuscarora Inn, Inc. for the acquisition of equipment, building and site improvements and working capital needs for their business located at 128 Walnut Street, be and the same is hereby approved.
Seconded by Alderman Lombardi and adopted. Ayes 6.
090308.15
By Alderman Schrader:
Whereas, the Common Council on September 19, 2007, authorized and directed the Mayor to submit to the Empire State Development Corporation an application for assistance under the Round 2 – Restore New York Communities Program, and
Whereas, the Mayor has been notified that said application has been approved for funding in the amount of $1,500,000.00 and has been forwarded a Grant Disbursement Agreement for execution, now, therefore, be it
Resolved, that the Mayor be and he hereby is authorized and directed to execute and deliver the Grant Disbursement Agreement to the Empire State Development Corporation and to take all acts and execute and deliver any and all documents.
Seconded by Alderman Kibler and adopted. Ayes 6.
090308.15A
By Alderman Lombardi:
RESOLUTION AUTHORIZING TRANSFER OF VACANT STRIP OF LAND
WHEREAS, on July 31, 2008, William Stamp was the successful bidder of 14 Ransom Court, Lockport, New York, with a bid of $8,500.00; and
WHEREAS, upon examination of title and preparation of the Referee’s Deed to 14 Ransom Court, Lockport, New York it was discovered that a vacant strip of land consisting of approximately 10 feet by 132 feet with frontage of 10 feet on the east side of Ransom Court and extending easterly a distance of 132 feet, the south line of which is adjacent to the north line of 14 Ransom Court was not included as part of the In Rem auction; and
WHEREAS, said strip of land by itself has little to no market value given its size and location; and
WHEREAS, the successful bidder of 14 Ransom Court is willing to pay for the preparation and recording of a deed combining said parcels into one.
NOW THEREFORE, BE IT
RESOLVED, that the Mayor be and is hereby authorized to include the aforesaid vacant strip of land in the Referee’s Deed from the City of Lockport to William Stamp as part of 14 Ransom Court for the sum of $1.00 and no more dollars.
Seconded by Alderman Schrader and adopted. Ayes 6.
Conclusion of agenda.
090308.16 ADJOURNMENT
At 6:34 P.M. Alderman Lombardi moved the Common Council be adjourned until 6:00 P.M., Wednesday, September 17, 2008.
Seconded by Alderman Schrader and adopted. Ayes 6.
DENISE F. GUGLIUZZA
Deputy City Clerk
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