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Last Updated: Nov 12th, 2008 - 15:22:45


Town Board Minutes - October 8, 2008
By Nancy A. Brooks, RMC/CMC Town Clerk
Nov 12, 2008, 15:15

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October 8, 2008

A Public Hearing and the regular monthly meeting of the Lockport Town Board were conducted at 7:45 p.m. on Wednesday, October 8, 2008, at the Town Hall, 6560 Dysinger Road, Lockport, New York.

Present were: Supervisor: Marc R. Smith

Town Council members: Cheryl A. Antkowiak
Paul H. Pettit
Mark C. Crocker
Paul W. Siejak

Also present: Nancy A. Brooks, Town Clerk, Daniel E. Seaman, Town Attorney,Deputy Town Clerk, Judi Newbold, Ken Banker of the Water/Sewer Dept., Eugene Nenni, Sr. Building Inspector, Alice Hall of the Building/Assessing Dept. Kevin Van Dusen, retired Assessor, and Joanne Hayes, retired Assessing Clerk.

Supervisor Smith welcomed all persons that were present and opened the meeting with the following presentations:

PRESENTATION: Supervisor Smith read a proclamation for the Town of Lockport Sewer and Water Department personnel which was given in gratitude for their exemplary work in helping to build two soccer fields at the Day Road Park.
Supervisor Smith stated that the Department’s expertise and dedication in completing the project rather than having to outsource the project provided a tremendous cost savings to the Town of Lockport residents. Mr. Ken Banker, Water/Sewer Maintenance Superintendent, accepted the proclamation on behalf of the department personnel and
stated that he was glad to be able to assist the Town in the creation of such an important and integral part of the Town’s park and the recreation activities offered to
Town residents.

PRESENTATION: Just as above, Supervisor Smith had a proclamation prepared for the Town Highway Department personnel. Councilman Pettit, on behalf of Lewis Hagen, Town Highway Superintendent and his staff, accepted the proclamation and thanked the Highway crew for the tremendous job they did on the building of the
soccer fields.

PRESENTATION: Supervisor Smith also read a proclamation and presented Kevin Van Dusen, retired Assessor, with a desk globe, in appreciation of his many years of dedication to the Town of Lockport and for the high level of professionalism that he provided to the residents during his years of service. Kevin thanked the Town Board and previous Town Boards for all their support and especially thanked this staff and co-workers for all the hard work over the years.

PUBLIC HEARING: Proposed Local Law to Amend the Architectural & Design Review Code

The Town Clerk read the Notice of Public Hearing as was published in the Union Sun & Journal. Supervisor Smith opened the Public Hearing for comments. No one spoke on the issue and the Public Hearing was closed.

PUBLIC COMMENTS:

A resident of Royal Parkway South questioned the amount of woods and habitat that was disturbed when the Town highway Dept. completed the cleaning of a drainage ditch
behind his home. He felt the 40 foot width cleared for the purpose was excessive.


Continued next page


PAGE 2 - Continuation of minutes of Lockport Town Board meeting conducted on 10/08/2008.


BUSINESS MEETING:

1. Approval of Minutes

MOTION: to approve the minutes of Town Board meetings conducted on 09/08/2008, 09/10/2008 and 09/17/2008, was made by Council member Pettit, seconded by Council member. Antkowiak. The motion was CARRIED: AYES-5, NAYS-0. Voting AYE: Antkowiak, Pettit, Crocker, Siejak and Smith.


2. Approval of Payment of Bills

MOTION: to approve the payment of bills for the month of October was made by Council member Crocker, seconded by Council member Pettit. The motion was CARRIED: AYES-5, NAYS-0. Voting AYE: Antkowiak, Pettit, Crocker, Siejak
and Smith.

The bills for the month of October include Vouchers #17542 – 17739 in the amount of $754,152.89.

3. Clerk/Communications – none.

4. Building Inspector’s Report

Supervisor Smith read the report month of September which stated that 53 building permits were issued; $4,300.00 was collected in fees; and the estimated cost of construction is listed as $649,711.00.

5. Supervisor’s Monthly Financial Report

MOTION: to approve the Supervisor’s monthly financial report for the month of September 2008 was made by Council member Siejak, seconded by Council member Antkowiak. The motion was CARRIED: AYES-5, NAYS-0. Voting AYE: Antkowiak, Pettit, Crocker, Siejak and Smith.


6. Resolution of the 2009 Tentative Town Budget as the 2009 Preliminary Budget

MOTION: to approve the 2009 Tentative Town Budget as the 2009 Preliminary Town Budget was made by Council member Siejak, seconded by Council member Pettit. The motion was CARRIED: AYES-5, NAYS-0. Voting AYE: Antkowiak, Pettit, Crocker, Siejak and Smith.

7. Res. to call for Public Hearing on 2009 Preliminary Budget

MOTION: to call for a Public Hearing on the 2009 Preliminary Town Budget for 7:30 p.m. on Wednesday, November 5, 2008, was made by Council member Crocker, seconded by Council member Pettit. The motion was CARRIED: AYES-5, NAYS-0. Voting AYE: Antkowiak, Pettit, Crocker, Siejak and Smith.

8. Res. to call for Public Hearing on the proposed 2009 Special Districts Tax Roll

MOTION: to call for a Public Hearing on the proposed 2009 Special Districts Tax Roll for 7:30 p.m. on Wednesday, November 5, 2008, was made by Council member Antkowiak, seconded by Council member Pettit. The motion was CARRIED: AYES-5, NAYS-0. Voting AYE: Antkowiak, Pettit, Crocker, Siejak and Smith.


Continued next page


PAGE 3 - Continuation of minutes of Town of Lockport Work session conducted on 10/08/2008.


9. Res. to call for Public Hearing on the proposed 2009 Sewer Tax Roll

MOTION: to call for a Public Hearing on the proposed 2009 Sewer Tax Roll for 7:30 p.m. on Wednesday, November 5, 2008, was made by Council member Crocker, seconded by Council member Antkowiak. The motion was CARRIED: AYES-5,
NAYS-0. Voting AYE: Antkowiak, Pettit, Crocker, Siejak and Smith.

10. Res. to call for Public Hearing on proposed 2009 Water Tax Roll

MOTION: to call for a Public Hearing on the proposed 2009 Water Tax Roll for 7:30 p.m. on Wednesday, November 5, 2008, was made by Council member Siejak, seconded by Council member Crocker. The motion was CARRIED: AYES-5, NAYS-0. Voting AYE: Antkowiak, Pettit, Crocker, Siejak and Smith.

11. Res. calling for Public Hearing on the proposed 2009 Fire Contracts

MOTION: to call for a Public Hearing on the proposed 2009 Fire Contracts for 7:30 p.m. on Wednesday, November 5, 2008, was made by Council member Pettit, seconded by Council member Antkowiak. The motion was CARRIED: AYES-5, NAYS-0. Voting AYE: Antkowiak, Pettit, Crocker, Siejak and Smith.

12. Res. authorizing Supervisor to Notify Niagara Co. Real Property of Unpaid Sewer/Water & Refuse

MOTION: to authorize the Town Supervisor to notify the Niagara County office of Real Property Services of the unpaid Sewer, Water and Refuse payments, prior to November 1, 2008, and to place those amounts on the 2009 Tax Roll, was made by Council member Crocker, seconded by Council member Pettit. The motion was CARRIED: AYES-5, NAYS-0. Voting AYE: Antkowiak, Pettit, Crocker, Siejak and Smith.

13. Resolution to Adopt a Proposed Local Law to Amend the Architectural & Design Review Code

MOTION: to adopt a Local Law to Amend the Architectural & Design Review Code of the Town of Lockport was made by Council member Antkowiak, seconded by Council member Pettit. The motion was put to a ROLL CALL VOTE and was CARRIED: AYES-5, NAYS-0. Voting AYE: Antkowiak, Pettit, Crocker, Siejak and Smith.

14. Res. to Support retaining the Local Government Records Management Improvement Fund established by Chapter 78 of the NYS Laws of 1989


R E S O L U T I O N

WHEREAS, the Local Government Records Management Improvement Fund was established through Chapter 78 of the Laws of 1989; and

WHEREAS, this law provided for a $5 surcharge on every document recorded in every County Clerks office throughout New York State; and

WHEREAS, the revenues collected were distributed to fund competitive records management grants administered by the State Archives; and

WHEREAS, this grant program has had tremendous positive impacts in counties, towns, cities, school districts and special districts throughout NYS awarding $168 million to 8500 local governments since its inception; and

Continued next page



PAGE 4 - Continuation of minutes of Town of Lockport Work session conducted on 10/08/2008.



WHEREAS, in March 2008, a little known provision of the State Budget allowed $500,000 of these dedicated funds to be “swept” into the State’s general fund; and

WHEREAS, an additional 6% of “unexpended” funds has now been reduced from grants awarded from this dedicated fund; and

WHEREAS, the Town of Lockport has been a recipient of several of the Local Government Records Management Improvement Fund grants, and the residents of the Town of Lockport have been greatly benefited by the provisions of this dedicated fund;

NOW, THEREFORE, BE IT RESOLVED, that the Town of Lockport asks that the NY State Legislature recognize that these funds are local funds raised by local clerks for
local government and dedicated by the Senate and Assembly for a specific valuable purpose; and be it further

RESOLVED, that the Town of Lockport requests that no further “sweeping” or other transferring of funds from this dedicated source be permitted, and be it further

RESOLVED, that a copy of this resolution be forwarded to Governor Patterson, and the membership of both the Senate and the Assembly of New York State.


15. Town Board Comments

Councilwoman Antkowiak thanked Ken Banker and the Sewer and Water Crews,as well as the Town Highway Department, on the fine job they did in creating the two soccer fields at Day Road Park.

She welcomed the local Participation in Government Students that were present and encouraged them to take an active part in local government whenever possible.

She also mentioned several of the Recreation programs that are scheduled throughout the Fall and Winter including:

Children’s Halloween Story Hour – October 22, 2008; the Town’s Annual Halloween Party scheduled for 6:30-8:00 p.m. on Tuesday, October 28, 2008, to be held at
South Lockport Fire Co.

Additionally, she reminded residents of the importance of having house numbers placed on their homes especially in cases of emergency.

Councilman Siejak welcomed the Participation in Government students and reported on the Town’s Water Leak Detection Study currently underway and stated that the study should be completed by the end of October.

He also informed residents that the Town’s website now provides residents the opportunity to pay water bills online for an additional 2.5% plus a .60/per transaction
fee.

Councilman Pettit welcomed the students and re-iterated the need for house numbering.

He also reminded residents that hunting in the Town’s parks is illegal and that the Town park property will be posted to prohibit hunting. He also mentioned that
it is illegal to discharge a firearm within 500 ft of a structure.

Continued next page


PAGE 5 - Continuation of minutes Lockport Town Board meeting conducted on 10/08/2008.


Additionally, he reminded residents that the Town has a Winter Parking Ordinance that prohibits street parking on any Town highway between the hours of 1:00 a.m. to
7:00 a.m. from November 1st through April 1st each year.

Councilman Crocker thanked Kevin Van Dusen for his dedicated service to the Town and wished him a healthy and happy retirement.

16. Supervisor’s Comments

Royal Parkway Ditch Cleaning - Supervisor Smith commented on the Royal Parkway South ditching issue and stated that the clearing done for this ditch is similar to what the Town Highway Department clears for all drainage ditch projects. The Town Highway Dept. clears that much brush so that they need not go in to an area again for quite some time. The last time this ditch was cleaned was nearly thirty years ago, therefore they need to do extensive brush clearing.

2009 Town Budget – Supervisor Smith thanked the Town Board members for their hard work in formulating the 2009 Preliminary Town Budget. He stated that at this point, it looks as though the average Town resident will see a $22 decrease off set by the increase in sewer rate fees – but a near net zero rate increase.

Sewer Capital Fund – the Town Board desired a net zero change in the tax rate for residents. While the average resident will see a decrease of $22/1000, the need to create a capital improvement fund for Sewer will somewhat off set the decrease. The need for building a capital improvement fund for Sewer now will help defray
major improvement costs in the future which would, in turn, be reflected in higher sewer rates being passed on to the residents in their future tax bills. He stated that the Town Board worked very hard in maintaining a budget that has no Town taxes, only special districts taxes.

17. Adjournment

MOTION: to adjourn was made by Council member Pettit, seconded by Council member Siejak. The motion was CARRIED: AYES-5, NAYS-0. Voting AYE: Antkowiak, Pettit, Crocker, Siejak and Smith. The meeting ended at 8:15 p.m.

The Lockport Town Board will next meet at 1:00 p.m. on Wednesday, Oct. 22, 2008.


Respectfully submitted,

Nancy A. Brooks, RMC, CMC
Lockport Town Clerk



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