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Common Council
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Last Updated: Nov 6th, 2008 - 09:07:07 |
CITY OF LOCKPORT
CORPORATION PROCEEDINGS
Lockport Municipal Building
Regular Meeting
Official Record
October 8, 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, Schrader and Lombardi.
Absent: Alderman McKenzie
RECESS
Recess for public input.
100808.1 APPROVAL OF MINUTES
On motion of Alderman Lombardi, seconded by Alderman Kibler, the minutes of the Regular Meeting of September 17, 2008 and the Special Meeting of September 24, 2008 are hereby approved as printed in the Journal of Proceedings. Ayes 5. Carried.
PUBLIC HEARING
The Mayor announced a public hearing on a request for a special use permit made by Tammy L. Bundrock to operate a hair salon on first floor of building with the second floor to be utilized for office space at property locally known as 242 South Transit Street, Lockport, NY situated in an R-1 Zone.
The Mayor asked the City Clerk if any petitions or communications relative to said request for a special use permit have been received.
Recess for public input.
The Mayor closed the public hearing.
FROM THE MAYOR
Appointment:
10/6/08 Jason C. Dool, 493 West Avenue, Lockport, NY – appointed as Senior Building Inspector effective October 3, 2008. Said appointment is provisional 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)
9/23/08 Richard P. Mullaney, City Clerk – report of bid proposals received on September 19, 2008 for One New Fire Pumper Truck as follows:
Churchville Fire Equipment Co. $599,861
Churchville, NY
Colden Enterprises “no bid”
Kenmore
rcvd. 9/11/08 William Shoemaker Associates, Inc. “no bid”
Hamburg, NY
rcvd. 9/18/08 Fire Equipment Sales & Service, Inc. “no bid”
Westfield, NY
Referred to the Committee of the Whole.
9/30/08 Richard P. Mullaney, City Clerk – report of bid proposals received on September 26, 2008 for Dolan Park Site Improvements as follows:
Building Solutions $41,350.00
Elma, NY
The Environmental Service Group $47,802.00
Tonawanda, NY
Titan Development, Inc. $49,689.00
Gasport, NY
Winter Groundbreaking Inc. $58,335.50
Hamburg, NY
R.B. Mack Construction Co., Inc. $58,481.00
Lockport, NY
CF Wolcott General Construction Corp. $64,680.00
Lockport, NY
Referred to the Committee of the Whole.
10/03/08 Richard P. Mullaney, City Clerk – notification that the Lockport Municipal Building will be closed on Monday, October 13, 2008 in observance of the Columbus
Day holiday. Garbage scheduled to be collected on Monday, October 13th, will be picked-up on Tuesday, October 14th. Referred to the media.
10/8/08 Jacob Kern, Jr., 450 South Transit Street, Lockport, NY – comments on 2009 Budget relating to the Concert Series, underage drinking, loud music and safety. Referred to the Committee of the Whole.
Notice of Defect:
9/9/08 96 Morrow Avenue, Lockport, NY – tree
9/10/08 70 Trowbridge Street, Lockport, NY – tree
9/15/08 24 Elmira Street, Lockport, NY – tree
9/16/08 83 Saxton Street, Lockport, NY – trees
9/26/08 321 Pine Street, Lockport, NY – tree
10/1/08 68 Regent Street, Lockport, NY -tree
Referred to the Highways & Parks Department.
Notice of Claim:
9/16/08 Ed Groff, 373 High Street, Lockport, NY
9/18/08 Karl A. Hoffner, 173 High Street, Lockport, NY
Referred to the Corporation Counsel.
MOTIONS & RESOLUTIONS
100808.2
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 October 10, 2008.
Seconded by Alderman Pasceri and adopted. Ayes 5.
100808.3
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 5.
100808.4
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
Brian M. Mullaney 20 Water Treatment Plant Operator
Mark Sanders 5 Community Policing Aide
Seconded by Alderman Schrader and adopted. Ayes 5.
By Alderman Kibler:
Resolved, that the reading of the foregoing resolution be and the same is hereby waived.
Seconded by Alderman Pasceri and adopted. Ayes 5.
100808.5
By Alderman Lombardi:
Resolved, that the following Local Law be and the same is hereby adopted:
City of Lockport
Local Law No. 6 of the year 2008
A LOCAL LAW to establish a First Source Hiring and Local Business Enterprise Policy.
Be it enacted by the Common Council of the City of Lockport as follows:
LOCAL HIRING POLICY
PART ONE. COVERAGE
Section One. Coverage
This Policy shall cover projects receiving a contract, or benefit from the City of Lockport valued at over $50,000.00, as described below. A "benefit" is direct or indirect assistance by the City to a Developer that materially benefits the Developer, including, but not limited to, grants or loans of funds administered by the City, tax abatements or deferrals, issuance of bonds, and infrastructure improvements made for the purpose of facilitating or supporting a development project, land sale, a ground lease, or other project. Contract shall mean any public works contract awarded by the City on its own behalf, or on behalf of a special district located within the City.
The City shall apply this Policy in a substantially similar manner in all projects in the City of Lockport. The entirety of this Policy shall therefore be included in all disposition and development agreements, owner participation agreements, and other contracts entered into by the City as set forth in this section.
Because this Policy covers a wide range of projects, not every provision of this Policy shall be applicable to any single contractor or employer. This Policy clearly describes which parts are applicable to which entities. Provisions of this Policy that are not designated as applicable to a particular type of entity are instead applicable to all entities that agree to comply with the terms of this Policy. Such parts include Part One, Coverage; Part Two, Definitions; Part Five, Monitoring and Enforcement, and Part Six, Legal Provisions.
PART TWO. DEFINITIONS
As used in this Policy, the following capitalized terms shall have the following meanings. All definitions include both the singular and plural form. Definitions in this part apply to all sections of this Policy.
CITY shall mean the City of Lockport.
CONSTRUCTION CONTRACTOR shall mean a prime contractor or a subcontractor performing construction work related to a City project or any other covered project. Lower-tier subcontractors are included in this definition.
COVERED ENTITY shall mean any entity that enters into a contractual commitment to comply with this Policy.
DESIGNATED LOCAL PUBLICATION shall mean the official newspaper of the City.
DEVELOPER shall mean any entity entering into a disposition and development agreement, an owner participation agreement, a loan agreement, or a similar agreement with the City.
FIRST SOURCE REFERRAL SYSTEM shall mean the system designated by the City to provide job referrals and perform related functions with regard to provisions of this Policy that concern hiring of employees.
POLICY shall mean this First Source Hiring and Local Business Enterprise Policy, in its entirety.
RESIDENT shall mean a resident of Niagara County.
SMALL LOCAL BUSINESS shall mean a business that (1) maintains its primary office at an established commercial or residential address in the City (not including temporary offices, movable offices, or Post Office Boxes); (2) maintains a current City business license tax certificate; (3) has been in existence for at least six months; and (4) for the previous complete fiscal year had gross revenues of less than $5,000,000 for construction contractors, or less than $500,000 for businesses other than construction contractors (revenue thresholds shall be annually adjusted for inflation). The City shall maintain and keep current a list of qualifying Small Local Businesses. If a contract is awarded to a joint venture between a Construction Contractor and a Small Local Business, a percentage of that contract equal to the Small Local Business's percentage share of potential profits may be considered as awarded to a Small Local Business, so long as (1) the Small Local Business responsibility over the project is no less than its percentage share of potential profits, and (2) the joint venture is formalized according to standard industry practices and to a degree permitting the City to evaluate the requirements provision.
SUBSIDY shall mean direct or indirect assistance by the City to a Developer that materially benefits the Developer including, but not limited to, grants or loans of funds administered by the City, tax abatements or deferrals, infrastructure improvements made for the purpose of facilitating or supporting a development project, land sale, or a ground lease.
PART THREE. SUMMARIES
Section One. Summary of Responsibilities of Developers in Development Projects
Following is a summary of developers' responsibilities with regard to projects in the City of Lockport. This summary does not describe in detail all of developers' responsibilities, and it is not a legal description of these responsibilities. It is intended solely as a convenient overview.
The following responsibilities apply to any business participating in a City Project.
Basic Responsibilities of Developers:
Include First Source Hiring and Local Business Enterprise Policy in Leases and Contracts. Developers should require their contractors to follow the First Source Hiring and Local Business Enterprise Policy.
On Large Construction Contracts, Effort to Include Small Local Businesses. Before awarding a construction contract worth more than $250,000, the developer should make sure that the contractor either has arranged to subcontract 30% of the work to small local businesses, or has made good faith efforts to do so. The City should see bids of subcontractors prior to contract award, and the City will determine whether bids meet these criteria.
On Service Contracts, Supply Contracts, and Small Construction Contracts, Make Good Faith Efforts to Award to Small Local Businesses. When awarding service contracts, supply contracts, or small construction contracts, developers should make good faith efforts to award contracts to small local businesses. Good Faith Efforts include such steps as notifying the City of opportunities to bid, and holding pre-bid meetings for small local businesses.
Cooperate with City Monitoring Efforts. When the City attempts to monitor compliance with the First Source Hiring and Local Business Enterprise Policy, developers should cooperate by providing requested information or granting access to job sites if necessary. If a developer disagrees with a finding by the City staff that the developer was not in compliance with the First Source Hiring and Local Business Enterprise Policy, the developer may present the issue to the Common Council.
Section Two. Summary of Responsibilities of Construction Contractors
Following is a summary of the responsibilities of construction contractors under this First Source Hiring and Local Business Enterprise Policy. These responsibilities apply to both prime contractors and subcontractors. This summary does not describe in detail all of construction contractors' responsibilities, and it is not a legal description of these responsibilities. It is simply intended as a convenient overview.
Basic Responsibilities of Construction Contractors.
Include First Source Hiring and Local Business Enterprise Policy in Contracts. Construction contractors should require their subcontractors to follow the First Source Hiring and Local Business Enterprise Policy. Therefore all contractors should include this Policy in contracts and subcontracts.
Meet a 30% Employment Goal for Residents. Thirty percent of all work-hours in each trade should be performed by residents of Niagara County. Each construction contractor should either achieve this goal or show that it made good faith efforts to do so. Good Faith Efforts include such steps as notifying the City of employment opportunities, and making reasonable modifications to crew structures to facilitate employment of Residents.
When Awarding Subcontracts, Meet a 30% Subcontracting Goal for Small Local Businesses. Construction contractors that award subcontracts should either award 30% of subcontracts to small local businesses, or make good faith efforts to do so. Good Faith Efforts include such steps as notifying the City of contracting opportunities, and, where feasible, breaking down large contracts into smaller contracts.
Cooperate with City Monitoring Efforts and Reporting Requirements. Within three days of awarding any subcontract, construction contractors should notify the City and report whether the contract was awarded to a small local business. When the City is attempting to monitor compliance with the First Source Hiring and Local Business Enterprise Policy, construction contractors should cooperate by providing requested information or granting access to job sites if necessary. If a contractor disagrees with a finding by the City staff that the contractor was not in compliance with the First Source Hiring and Local Business Enterprise Policy, the contractor may present the issue to the City Common Council.
PART FOUR. RESPONSIBILITIES OF CONSTRUCTION CONTRACTORS
Section One. General Responsibilities of Construction Contractors
A. Coverage. This Part applies to all Construction Contractors.
B. Designation of Contact Person. At time of award of a contract to perform construction work as part of a City Project or any other covered project, each Construction Contractor shall designate a contact person for all matters related to implementation of this Policy. Each Construction Contractor shall forward the name, address and phone number of the designated individual to the City. If the contact person changes, the Construction Contractor shall immediately notify the City.
C. Include First Source Hiring and Business Enterprise Policy in Contracts. Each Construction Contractor entering into any subcontract, or contract, relating to the construction, maintenance, or operation of a City Project or any other covered project shall include compliance with the entirety of this Policy as a material term of such subcontract, contract, deed, or lease.
D. Cooperation with Monitoring Efforts. Each Construction Contractor shall make available to the City all requested records and information relevant to monitoring and enforcement of this Policy. The City shall not use such records or information for any purpose other than monitoring or enforcement of this Policy, and shall not release trade secrets or information regarding employees designated by name. Construction Contractors may redact names and social security numbers from requested documents in order to protect the privacy of individual employees, although the City may require that a Construction Contractor provide addresses of individuals if place of residency is an issue. Where a Construction Contractor has redacted names and social security numbers from documents it has provided to the City, the Construction Contractor shall grant the City on-site access to unredacted version of such documents during normal business hours upon the City 's request. Each Construction Contractor shall allow the City access to job sites and employees during usual business hours as the City deems necessary to monitor compliance with this Policy. Each Construction Contractor agrees to the provisions of Part Five regarding monitoring and enforcement of this Policy.
Section Two. Construction Contractor Responsibilities Regarding Employees
A. Coverage. This Section applies to any employment by a Construction Contractor in fulfillment of the Construction Contractor's responsibilities under a contract to perform construction work as part of a City Development Project or any other covered project.
B. 30% Local Employment Goal. Thirty percent of all work-hours in each trade shall be performed by Residents. Each Construction Contractor shall either achieve this goal or demonstrate that it made good faith efforts to do so.
C. Good Faith Efforts. For purposes of this section, good faith efforts shall mean diligent efforts to locate and employ qualified Residents. Good faith efforts include:
(1) at least three days prior to hiring for any job, providing to the City written notification of employment opportunities for Residents;
(2) working closely and cooperatively with the City to locate and employ Residents;
(3) making reasonable modifications to crew structures to facilitate employment of Residents;
(4) promptly contacting the City if difficulty in reaching the goal is anticipated or encountered;
(5) maintaining a file on the job site of the names and addresses of each Resident referred to the Construction Contractor from any source, and, for Residents not hired, the reasons therefore; and if a union hiring hall with which the Construction Contractor has a collective bargaining agreement fails to refer a Resident requested by that Construction Contractor, advise the City.
D. Existing Workforce. The existence of a crew or workforce usually employed by a Construction Contractor shall not affect the Construction Contractor's responsibilities under this Policy.
E. Nondiscrimination. Construction Contractors shall not discriminate against Residents in any terms and conditions of employment, including retention, promotions, job duties, and training opportunities.
Section Three. Construction Contractor Responsibilities When Awarding Subcontracts
A. Coverage. This section applies to the award of any contract by a Construction Contractor, including, but not limited to, subcontracts, supply contracts, and lower-tier subcontracts, related to that Construction Contractor's fulfillment of a contract to perform construction work as part of an City Development Project or any other covered project.
B. Subcontracting Goal of 30%. Each Construction Contractor that awards any contract covered by this section is subject to a 30% subcontracting goal for Small Local Businesses. Under this requirement, each Construction Contractor shall either meet this goal or demonstrate that it made good faith efforts to do so. In order to demonstrate good faith efforts, Construction Contractors shall prepare and forward to the City a summary of outreach and assistance efforts to Small Local Businesses, including each of the requirements listed in subsection D below. If a Construction Contractor awards only one contract covered by this section, the Construction Contractor shall either award that contract to a Small Local Business or make good faith efforts to do so. The 30% subcontracting goal does not apply to any Construction Contractor that does not award any contracts covered by this section.
C. Definition of Good Faith Efforts. Good faith efforts include:
(1) at least two weeks before award of the contract in question, providing notification of subcontracting opportunities and procedure for bidding on all contracts to Small Local Businesses on a list provided by the City; such notification shall include project specifications, location of the project, contact information for the Construction Contractor's representative who is familiar with the project, trades required, and bonding and insurance requirements for the contract;
(2) at least two weeks before award of the subcontract in question, advertising the opportunity to bid in a Designated Local Publication;
(3) holding a pre-bid meeting for Small Local Businesses in which opportunities for subcontracts are described and can be discussed;
(4) providing pre-bid technical assistance to Small Local Businesses that have expressed interest in bidding;
(5) engaging in one-on-one review of bids submitted by Small Local Businesses;
(6) working with the City to help Small Local Businesses who might participate obtain bonding and insurance;
(7) where feasible, facilitating joint venturing and second-tier subcontracting in an effort to include Small Local Businesses in the project; and
(8) where feasible, breaking down large subcontracts into smaller subcontracts where doing so would make Small Local Business participation possible.
D. Include First Source Hiring and Local Business Enterprise Policy in Contracts. Each Construction Contractor entering into a contract or subcontract covered by this section shall include compliance with the entirety of this Policy as a material term of such contract or subcontract.
E. Reporting Requirements. Within three days of the award of any contract covered by this section, the awarding Construction Contractor shall provide to the City the following information: the name, address, and telephone number of the subcontractor, whether that subcontractor is a Small Local Business, and the projected dollar amount of the contract. For each contract that was not awarded to a Small Local Business, the Construction Contractor shall provide written documentation of good faith efforts taken with regard to award of that contract. The City may assist Construction Contractors by preparing forms to be completed for this purpose.
PART FIVE. MONITORING AND ENFORCEMENT
Section One. Monitoring by the City
A. Monitoring Activities. The City shall monitor compliance with this Policy by Covered Entities. Monitoring activities may include requests to produce documentation, site visits, interviews, review of required reports, and any other monitoring activities the City reasonably finds necessary to assess compliance with this Policy. Covered Entities shall cooperate fully and promptly with any inquiries the City deems necessary in order to monitor compliance with this policy. The City may review a Covered Entity's compliance with this Policy either on its own initiative or after receiving a complaint or inquiry from a member of the public or City staff member.
B. Certified Payroll. When a Construction Contractor or Developer is required to provide certified payroll records to the City, the payroll record must indicate the resident status of each worker listed on the certified payroll.
Section Two. Enforcement by the City.
A. City Enforcement Procedures. The following procedures shall be followed when the City staff determines that there has been a violation of this Policy:
(1) Notice of Violation. When the City staff determines that there has been a violation of this Policy, it shall notify the Covered Entity alleged to be in violation. Such notification shall be in writing, and shall specify the precise measures necessary to correct the violation.
(2) Good Faith Resolution Efforts; If the Covered Entity does not correct the violation within ten business days, the Covered Entity and the City staff shall make a good-faith effort to hear all sides and to negotiate a resolution.
(3) Referral to City. If the Covered Entity and the City staff or designee cannot negotiate a resolution within 45 days of the Notice of Violation, the City staff or designee shall refer the matter to the City for enforcement efforts, depending on whether the contract that incorporated this Policy was awarded by the City. At this time the City staff may amend the Notice of Violation, and the Covered Entity alleged to be in Violation shall forward to the City staff a written statement describing with particularity its position regarding the substance of the Notice of Violation. The City staff may refer a matter to the City for enforcement efforts in less than 45 days if it determines that there is a continuing violation of the Policy.
B. Enforcement by City. If the City staff and the Covered Entity cannot negotiate a resolution within a period of time deemed reasonable by the City, the City may take any or all of the following actions. While any of these actions are pending, City staff and the Covered Entity may continue to negotiate a resolution of the dispute.
(1) Arbitration. The City may refer the dispute to binding arbitration to
be conducted in accordance with the rules of the American Arbitration Association regarding arbitration of commercial disputes. Each party shall bear its own costs of such arbitration and the parties shall equally split the cost of the arbitrator. The arbitrator, upon hearing the matter, may provide for specific enforcement of this Policy, injunctive relief against the Covered Entity or liquidated damages as described below.
(2) Enforcement by Courts. The City may file a legal action in a court of law to enforce this Policy. The court may provide for specific enforcement of this Policy, injunctive relief against the Covered Entity and/or liquidated damages as described below. The court may award reasonable attorneys' fees and costs to the City if it prevails in such an action.
(3) Termination of Contract. The City may terminate for cause any contract or other agreement between the City and the Covered Entity.
(4) Withholding of Funds. If the Entity is owed any monetary payments pursuant to a contract or debt, the City may withhold funds in an amount specified below as liquidated damages. If the Covered Entity is a subcontractor on a City funded construction project, the City may withhold progress payments to the prime contractor on that project.
(5) Suspension or Revocation of Construction Permit. If the Covered Entity is performing work requiring a construction permit or similar permit issued by the City, the City may suspend or revoke the construction permit or similar permit, or may issue a stop work order.
(6) Declaration of ineligibility. The City may declare the Covered Entity ineligible for participation in future City public works contracts or City development projects for a period of three years or until liquidated damages and other restitution have been paid in full, whichever is longer.
PART SIX. MISCELLANEOUS LEGAL PROVISIONS.
Section One. General Provisions
A. Term. This Policy shall be in effect with regard to City contracts and projects from the date of its adoption by the City until such time as it is repealed by the City. The City shall regularly evaluate the Policy to determine the Policy's effectiveness, and may make any amendments to the Policy as deemed appropriate.
B. Compliance with State and Federal Law. This policy shall be enforced only to the extent that it is consistent with the laws of the State of New York and the United States. If any provision of this Policy is held by a court of law to be in conflict with state or federal law, the applicable law shall prevail over the terms of this Policy, and the conflicting provisions of this Policy shall not be enforceable.
C. Compliance with Court Order. Notwithstanding the provisions of this Policy, a Covered Entity shall be deemed to be in compliance with this Policy if the Covered Entity is bound by a court or administrative order or decree which governs the hiring of workers, and the provisions of which explicitly and unalterably conflict with terms of this Policy.
D. Severability Clause. If any term, provision or condition of this Policy is held by a court of competent jurisdiction to be invalid, the remainder of the provisions shall continue in full force and effect.
E. Binding on Successors. This Policy shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, and assigns of any Covered Entity. Any reference in this Policy to a party shall be deemed to apply to any successor in interest, heir, administrator, executor, or assign of such party.
F. Material Terms. The provisions of this Policy are material terms of all contracts or agreements in which this Policy is incorporated.
G. Intended Beneficiaries. The City is the intended third-party beneficiary of contracts and other agreements which incorporate this Policy. The City shall therefore have the right to enforce the provisions of this Policy against all parties incorporating this Policy into contracts or other agreements.
This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law.
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 Pasceri VOTING Y
Alderman Schrader VOTING Y
The local law was thereupon declared duly adopted.
100808.6
By Alderman Lombardi:
Whereas, the Department of Community Development is engaged in the HOME Housing Rehabilitation Program, and
Whereas, the administration of said program, all structures undergoing rehabilitation must have a comprehensive energy audit performed using the Targeted Investment Protocol System (TIPS), and
Whereas, the Niagara Community Action Program, Inc. has a fully qualified professional staff to complete the TIPS energy audits, now, therefore, be it
Resolved, that subject to Corporation Counsel approval, the Mayor is hereby authorized and directed to execute a certain Memorandum of Understanding between the City of Lockport and the Niagara Community Action Program, Inc. to provide for residential energy audits in connection with the administration of the HOME Program at a cost of $500 each with such expenses to be charged to said program funds.
Seconded by Alderman Pasceri and adopted. Ayes 5.
100808.7
By Alderman Kibler:
AUTHORIZATION OF CAPITAL LEASE FINANCING OF A
WHEELED EXCAVATOR AND A BRUSH CHIPPER
TO BE USED BY THE CITY OF LOCKPORT STREETS DEPARTMENT
WHEREAS, the Common Council by resolution 071608.6A of 2008 authorized the replacement of a wheeled excavator and resolution 071608.6B of 2008 authorized the replacement of a brush chipper; and
WHEREAS, it is necessary to provide financing of the new equipment through a Capital Lease, consistent with a plan in the 2008 operating budget of the Streets Department; and
WHEREAS, quotes were received from several firms which provided lease financing with the lowest cost quote that of First Niagara Bank;
NOW, THEREFORE, BE IT RESOLVED, that the Common Council hereby authorizes First Niagara Bank financing for the purchase of a wheeled excavator and a brush chipper in the total amount of $151,725.00 with First Niagara Bank.
This resolution shall take effect immediately upon its adoption.
Seconded by Alderman Schrader. A roll call vote was taken which resulted as follows:
Alderman Alexander VOTING Y
Alderman Kibler VOTING Y
Alderman Lombardi VOTING Y
Alderman Pasceri VOTING Y
Alderman Schrader VOTING Y
The resolution was thereupon declared duly adopted.
100808.8
By Alderman Pasceri:
Resolved, that the Police Chief is hereby authorized and directed to prepare bid specifications for a City Wide Camera System, and be it further
Resolved, that upon receipt of said specifications, the City Clerk is authorized and directed to advertise for bid proposals for same.
Seconded by Alderman Lombardi and adopted. Ayes 5.
100808.9
By Alderman Schrader:
Resolved, that the request for a special use permit made by Tammy L. Bundrock to operate a hair salon on first floor of building with the second floor to be utilized for office space at property locally known as 242 South Transit Street, Lockport, NY situated in an R-1 Zone, be and the same is hereby approved, subject to the following provisions:
Any improvements to property must be approved by the Engineering Department.
No change in character of neighborhood.
No excessive noise or disturbance of neighborhood.
No appreciable change in traffic.
No outside storage of materials.
Special permits can be indefinite or limited to a specific time.
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 Kibler and adopted. Ayes 5.
100808.10
By Alderman Lombardi:
Resolved, that the bid proposal of Building Solutions, Elma, NY, received on September 26, 2008 for Dolan Park Site Improvements being the lowest responsible bidder be accepted in the amount of $41,350.00 plus a 20% contingency, and be it further
Resolved, that the Mayor, subject to Corporation Counsel approval, be and the same is hereby authorized and directed to execute a contract with Building Solutions for Dolan Park Site Improvements. Cost of same to be charged to account #015120.479.
Seconded by Alderman Pasceri and adopted. Ayes 5.
100808.11
By Alderman Kibler:
Resolved, that the Director of Engineering is hereby authorized and directed to sell at public auction, to the highest bidders, various used vending equipment and batteries at the City of Lockport’s Municipal Building, and be it further
Resolved, that the City Clerk is authorized and directed to advertise for same.
Seconded by Alderman Alexander and adopted. Ayes 5.
100808.12
By Alderman Schrader:
Resolved, that the City of Lockport 2009 Water Fund Budget containing appropriations for operating the City's Water Department, be and the same is hereby adopted as follows:
2009 WATER FUND BUDGET SUMMARY
Appropriations:
Personal Services $ 1,187,791
Equipment 137,000
Contractual 946,100
Fringe Benefits 780,820
Undistributed 609,784
Special Items 113,500
Total Appropriations: $ 3,774,995
Estimated Revenues: $ 3,774,995
Seconded by Alderman Kibler and adopted. Ayes 5.
100808.13
By Alderman Schrader:
Resolved, that the City of Lockport 2009 Sewer Fund Budget containing appropriations for operating the City's Wastewater Treatment and Compost Facility, be and the same is hereby adopted as follows:
2009 SEWER FUND BUDGET SUMMARY
Appropriations:
Personal Services $ 1,221,278
Equipment 67,425
Contractual 1,083,600
Fringe Benefits 704,190
Undistributed 924,746
Special Items 109,000
Total Appropriations: $ 4,110,239
Estimated Revenues: $ 4,110,239
Seconded by Alderman Pasceri and adopted. Ayes 5.
100808.14
By Alderman Lombardi:
Resolved, that the City tax budget for fiscal year 2009, containing appropriations for operating City departments, be and the same is hereby adopted as follows:
CITY OF LOCKPORT, NEW YORK
2009 GENERAL FUND BUDGET SUMMARY
Budget Appropriations:
Personal Services $ 11,229,175
Equipment 88,314
Contractual 3,070,978
Fringe Benefits 7,235,653
Undistributed 985,983
Total Appropriations: $ 22,610,103
LESS: Estimated Revenues: 11,906,512
Estimated Fund Balance: 750,000
Amount to be raised through property taxation: $ 9,953,591
Assessed Valuation: $ 635,295,301
REAL PROPERTY TAX RATE: $15.667660 per $1,000 ASSESSED VALUATION
Seconded by Alderman Lombardi and adopted. Ayes 5.
100808.14A
By Alderman Schrader:
Whereas, the City of Lockport has purchased two generators from Delphi Systems for emergency backup power of the Waste Water Treatment Plant (WWTP) and the Water Filtration Plant (WTP), and
Whereas, the City of Lockport desires to build new masonry buildings to house the emergency generators, and
Whereas, bids were received for Electrical Construction of the two new masonry buildings as follows:
IPL $321,200
Frey Electric $397,000
CIR Electrical $398,700
Tunney Electric $486,709
and,
Whereas, the low bidder has asked to have his bid removed from consideration as they have made a mistake in the preparation of the bid, and
Whereas, the Corporation counsel has recommended that the low bidder bid be removed from consideration without financial recourse, and
Whereas, the Director of Engineering recommends hiring Frey Electric Construction Inc. for Electrical Work Contract No. E-2261 of the two new masonry buildings, 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 Frey Electric Construction Co., Inc., 100 Pearce Avenue, Tonawanda, NY for Electrical construction of new masonry buildings to house said generators; one at the WWTP and the second at the WFP at a cost of $397,000 plus a 10% contingency to be charged to account #001-0520-0060 for 50% and the other 50% shall be charged to account #001-0520-0069.
Seconded by Alderman Kibler and adopted. Ayes 5.
100808.14B
By Alderman Lombardi:
AUTHORIZATION TO SIGN SETTLEMENT AGREEMENT
FRONTIER CHEMICAL ROYAL AVENUE SITE
WHEREAS, the Frontier Chemical Royal Avenue Site, (“the Site”), is a 9 acre property located in an industrial area of Niagara Falls, New York and was operated as a permitted waste treatment, storage and disposal (“TSD”) facility from 1974 to 1992, and
WHEREAS, the New York State Department of Environmental Conservation (“NYS DEC”) issued a Record of Decision (“ROD”) for the Site in March 2006 and has demanded that potentially responsible parties (“PRPs”) implement the Record of Decision and conduct additional Site investigation and design activities, and
WHEREAS, the NYS DEC has issued demand letters to hundreds of parties who arranged for the treatment, storage or disposal of waste to the Site advising them that enforcement would be commenced if such parties did not enter into an Administrative Order on Consent (“AOC”) to implement the remedial action program for the Site, and providing such parties with information as to the 5000 other PRPs with a “nexus” to the Site, and
WHEREAS, many of the PRPs have entered into a PRP Group Agreement, (the “Frontier Chemical Site PRP Group” Participation Agreement), to implement necessary investigation, design, and remediation activities at the Site, and
WHEREAS, the PRP Group has reviewed the “waste-in” volumetric quantity information from hazardous waste manifest documents and has determined that approximately 1765 of the 5000 PRPs should be afforded the early opportunity, based upon the small volume of wastes they shipped to the Site, to “cash out” in this matter at a “de-minimis” payment amount, rather than incur transaction or litigation expenses, and
WHEREAS, the PRP Group members have agreed to compromise, release and waive any claims under State or Federal laws that the PRP Group and its members have, or may have, arising from the release or threat of release of hazardous substances at, on or from the Site, against the 1765 parties that are being offered, and agree to accept, the early “de-minimis” cash-out opportunity,
NOW THEREFORE, be it resolved that the Mayor be and is hereby authorized to enter into a Settlement Agreement and Release for the sum of $2,000. Cost of same to be charged to account #01 8260.400.
Seconded by Alderman Alexander and adopted. Ayes 5.
100808.14C
By Alderman Schrader:
Resolved, that the Table of Organization in the 2008 Water Fund Budget be amended by creating an additional laborer’s position at a cost $30,955 prorated for the balance of the year. Cost of same to be charged to account #02 8340.100, and be it further
Resolved, that the Table of Organization in the 2008 Sewer Fund Budget be amended by creating an additional laborer’s position at a cost $30,955 prorated for the balance of the year. Cost of same to be charged to account #03 8110.100.
Seconded by Alderman Lombardi and adopted. Ayes 5.
Conclusion of agenda.
100808.15 ADJOURNMENT
At 6:20 P.M. Alderman Lombardi moved the Common Council be adjourned until 6:00 P.M., Wednesday, October 22, 2008.
Seconded by Alderman Kibler and adopted. Ayes 5.
RICHARD P. MULLANEY
City Clerk
State of New York
City of Lockport
Office of the City Clerk
I, Richard P. Mullaney, City Clerk of said City, do hereby certify that I have compared the foregoing copy with the original proceedings of the Common Council of said City of Lockport, New York, now remaining on file and of record in this office; and that the same is a correct transcript therefrom and of the whole of said original.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City, this 9th day of October, 2008.
RICHARD P. MULLANEY, City Clerk
City of Lockport
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| City of Lockport Common Council Minutes October 22, 2008 |
| City of Lockport Common Council Minutes October 8, 2008 |
| City of Lockport Common Council Minutes Special Meeting September 24, 2008 |
| City of Lockport Common Council Minutes September 17, 2008 |
| City of Lockport Common Council Minutes Special Meeting September 12, 2008 |
| City of Lockport Common Council Minutes Special Meeting September 8, 2008 |
| City of lockport Common Council Minutes September 3, 2008 |
| City of Lockport Common Council Minutes August 6, 2008 |
| City of Lockport Common Council Minutes Special Meeting July 23, 2008 |
| City of Lockport Common Council Minutes July 2, 2008 |
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