Town Board Minutes - November 7, 2007

Town Board
Town Board Minutes - November 7, 2007
By
Feb 27, 2008, 11:17

November 7, 2007

Three Public Hearings on the proposed 2008 Town Budget and the regular monthly business meeting of the Lockport Town Board were commenced at 7:30 p.m. on Wednesday, November 7, 2007, at the Town Hall. 6560 Dysinger Road, Lockport, New York, as well as a Public Hearing on a Proposed Local Law which commenced at 7:45 p.m.

Present were: Supervisor: Marc R. Smith

Town Council members: Cheryl A. Antkowiak
David H. Knight
Paul H. Pettit
Mark C. Crocker

Others present: Nancy A. Brooks, Town Clerk; Daniel E, Seaman, Town Attorney; Robert Lipp, Town Budget Officer; Judith Newbold, Deputy Town Clerk.

Following the Pledge of Allegiance, Supervisor Smith opened the Public Hearings and the business meeting for discussion and/or action as follows:

The Town Clerk read the public hearing notice as it was published in the Union Sun and Journal as follows:

PLEASE TAKE NOTICE that the Town Board of the Town of Lockport will hold separate public hearings on the matters referred to herein at the Town Hall, 6560 Dysinger Road, Lockport, New York, on the 7th day of November, 2007, at 7:30 p.m. Said public hearings shall be as follows:

1. A Public Hearing on the preliminary budget for the fiscal year beginning January 1, 2008, as required by Town Law Section 108 for the purpose of considering the preliminary budget and receiving comments from the public relative thereto. Said budget is on file with the Town Clerk of the Town of Lockport where it may be inspected by any interested person during office hours.

Pursuant to Section 108 of the Town Law, the proposed salaries of the following Town Officers are hereby specified as follows:

Supervisor…………………………………….$ 41,200.00
Councilmen (4@$8,755.00 each)………….$ 35,020.00
Town Clerk……………………………………$ 36,771.00
Superintendent of Highways………………..$ 53,894.00

All person interested will be heard at the Public Hearing to be held as aforesaid.

2. A Public Hearing on amounts to be raised by taxation for Special Districts in the following districts:

Lockport Water District No. 3……………….$ 708,049.00
Lockport Sewer District No. 3………………$2,716,673.00
Lockport Fire Protection Districts…………..$1,003,500.00
Carlisle Gardens Sewer District……………$ 58,285.00
Carlisle Gardens Refuse District…………..$ 27,740.00
Carlisle Gardens Sidewalk District…………$ 7,200.00
Carlisle Gardens Light District……………..$ 19, 000.00
Lincoln Village Sewer District………………$ 17,530.00
Lockport Refuse District No. 2……………..$1,017,260.00
Rapids Light District…………………………$ 2,800.00
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PAGE 2 – Continuation of minutes of Lockport Town Board meeting conducted on 11/07/2007.

The Special Assessment Rolls have been completed for such districts as required and all tax rates established for benefit districts. All persons interested shall be heard at the public hearing to be held as aforesaid relative to assessments and amounts to be raised is said districts, and to hear any objections to the Special Assessment Rolls, which are available for inspection at the Town Clerk’s office.

3. A Public Hearing to authorize contracts with Rapids Fire Company, Inc., South Lockport Fire Company, Inc., Wright’s Corners Fire Company, Inc., Gasport Fire District No. 1 and Terry’s Corners Fire Company, Inc. to include fir rescue service at yearly amounts as follows:

Rapids Fire Company, Inc. $ 276,764.00
South Lockport Fire Company, Inc. $ 291,528.00
Gasport Fire District No. 1 $ 19,138.00
Wright’s Corners Fire Company, Inc. $ 276,764.00
Terry’s Corners Fire Company, Inc. $ 21,636.00

All persons interested will be heard at the Public Hearing to be held as aforesaid.

Supervisor Smith opened the public hearing on the 2008 proposed salaries for Elected Officials. No one spoke on the issue, and the hearing was closed.

The pubic hearing on the 2008 Special District Amounts to be Raised by Taxation was opened for comments. No one spoke on the issue and the hearing was closed.

The public hearing on the authorization for fire contracts was opened. No one spoke to the issue, and the hearing was closed.

Supervisor Smith then opened the business meeting for the following action:

1. Approval of Minutes

MOTION: to approve the minutes of Town Board meetings conducted on October 1, 2007, October 2, 2007, October 3, 2007 and October 17, 2007 was made by Council member Pettit, seconded by Council member Antkowiak. The motion was CARRIED: AYES - 5, NAYS-0. Voting AYE: Antkowiak, Knight, Pettit, Crocker and Smith.

2. Approval of Payment of Bills

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

The bills for the month of November consist of Vouchers #15025 – 15259 in the amount of $686,455.12.

3. Communications

The Town Clerk read the name of a candidate for volunteer fire service and the Town Board took the following action:

MOTION: to approve Terri Falls for volunteer fire service with South Lockport Fire Company was made by Council member Pettit , seconded by Council member
Antkowiak. The motion was CARRIED: AYES - 5, NAYS-0. Voting AYE: Antkowiak, Knight, Pettit, Crocker and Smith.

Continued next page

PAGE 3 – Continuation of minutes of Lockport Town Board meeting conducted on 11/07/2007.

4. Building Inspector’s Report

Supervisor Smith read the report which stated that 56 building permits were issue in October 2007; $11,619.75 was collected in fees; and the estimated cost of construction was $7,047,005.00.

5. Supervisor’s Monthly Financial Report

MOTION: to approve the Supervisor’s Monthly Financial Report for the period of October 1, 2007 thru October 31, 2007 was made by Council member Knight, seconded by Council member Crocker. The motion was CARRIED: AYES - 5,
NAYS-0. Voting AYE: Antkowiak, Knight, Pettit, Crocker and Smith.

6. Approval to Award Refuse & Recycling Contract

On a motion by Council member Knight, seconded by Council member Pettit, the following resolution was put to a ROLL CALL vote and was duly ADOPTED: AYES-5, NAYS-0. Voting AYE: Antkowiak, Knight, Pettit, Crocker and Smith.

TOWN OF LOCKPORT RESOLUTION

WHEREAS, sealed bids for the collection and disposal of refuse, as well as the collection and marketing of recyclables were opened at 11:00 a.m. on Thursday, October 25, 2007, at the Town Hall, 6560 Dysinger Road, Lockport, New York and

WHEREAS, Waste Management of NY located in West Seneca, NY, was the low bidder in the amount of $170.95 per unit, for a total annual cost of $940,225.00
and

WHEREAS, the bid submitted by Waste Management has been reviewed and found to meet all bid specifications and requirements

NOW THEREFORE, BE IT

RESOLVED, that the Town Board of the Town of Lockport does hereby award the contract for the collection and disposal of refuse, as well as for the collection and marketing of recyclables to Waste Management of NY, LLC, of
West Seneca, New York, for a period of three years, effective as of January 1, 2008, and renewable for up to two additional three-year periods upon mutual agreement with appropriate adjustments.

7. Resolution to Approve Extension of Refuse Collection & Recycling Contract

On a motion by Council member Pettit, seconded by Council member Antkowiak, the following resolution was duly ADOPTED: AYES-5, NAYS-0. Voting AYE: Antkowiak, Knight, Pettit, Crocker and Smith.

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PAGE 4 – Continuation of minutes of Lockport Town Board meeting conducted on 11/07/2007.

TOWN OF LOCKPORT RESOLUTION

WHEREAS, the Town of Lockport, as a member of the Niagara County Waste Consortium, is ordered pursuant to a 1996 court decision rendered by the New York State Supreme Court, to execute the full term of the existing contract with Covanta Niagara, LP of Niagara Falls, New York (formerly American Ref-Fuel, Inc.) for the disposal of refuse; said contract to terminate on the 15th of February, 2008, and

WHEREAS, existing contracts for the collection of refuse and recycling for the Town of Lockport, of which Waste Management of NY and Modern Recycling Inc. are the current contractors, respectively, are scheduled to terminate on December 31, 2007, and

WHEREAS, it is necessary at this time, to extend the terms of said contracts with Waste Management of NY and Modern Recycling, Inc., to coincide with the termination of the waste disposal contract with Covanta Niagara, LP,

NOW, THEREFORE BE IT

RESOLVED, that the Town Attorney is hereby authorized to extend the contracts with Waste Management of NY and Modern Recycling, by means of letter
of understanding, until the date of February 15, 2008.

8. ACTION AFTER PUBLIC HEARING – Adoption of 2008 Preliminary Budget

On a motion by Council member Crocker, seconded by Council member Knight, the following resolution was put to a ROLL CALL vote as was duly ADOPTED: AYES-5, NAYS-0. Voting AYE: Antkowiak, Knight, Pettit, Crocker and Smith.

TOWN OF LOCKPORT RESOLUTION

WHEREAS, a public hearing on the preliminary budget for the fiscal year beginning January 1, 2008, was duly held, pursuant to Town Law Section 108 and

WHEREAS, all comments, for and against, were received from the public relative thereto,

NOW, THEREFORE BE IT

RESOLVED, that the Town Board of the Town of Lockport does hereby adopt the 2008 Preliminary Budget

9. ACTION AFTER PUBLIC HEARING – Adoption of the 2008 Special District Amounts to be Raised by Taxation

On a motion by Council member Antkowiak, seconded by Council member Pettit, the following resolution was to a ROLL CALL vote and was duly ADOPTED: AYES-5, NAYS-0. Voting AYE: Antkowiak, Knight, Pettit, Crocker and Smith.

Continued next page

PAGE 5 – Continuation of minutes of Lockport Town Board meeting conducted on 11/07/2007.

TOWN OF LOCKPORT RESOLUTION

WHEREAS, a public hearing on the amounts to be raised by taxation for Special Districts was held, pursuant to Town Law Section 108 and

WHEREAS, all persons, for and against, were heard at said public hearing

NOW, THEREFORE BE IT

RESOLVED, that the Town Board of the Town of Lockport does hereby adopt the 2008 Special District amounts to be raised by taxation relative to the public hearing held as aforesaid.

10. ACTION AFTER PUBLIC – Adoption of the 2008 Fire Contracts

On a motion by Council member Pettit, seconded by Council member Antkowiak, the following resolution was put to a ROLL CALL vote and was duly ADOPTED: AYES-5, NAYS-0. Voting AYE: Antkowiak, Knight, Pettit, Crocker and Smith.

TOWN OF LOCKPORT RESOLUTION

WHEREAS, a public hearing to authorize contracts with Rapids Fire Company, South Lockport Fire Company, Inc., Wright’s Corners Fire Company, Inc., Gasport
Fire District No. 1 and Terry’s Corners Fire Company, Inc. was held pursuant to Town Law Section 108 and

WHEREAS, all persons interested were heard,

NOW THEREFORE BE IT

RESOLVED, that that the Town Board of the Town of Lockport does hereby authorize the execution of fire contracts, to include fire rescue service, relative to the public hearing held as aforesaid.

11. Town Board Comments

Mark Crocker – Congratulated Councilwoman Antkowiak and Councilman-elect, Paul Siejak, on their election to office in the November 6, 2007 General Election. He stated
he looks forward to working with them both. He also commended Mr. Charles Dahlquist on conducting a fair but unsuccessful run for the Niagara County Legislature.

Paul Pettit – Informed residents of the Town’s Winter Parking Ordinance which states that it is illegal to park a vehicle on Town highways between the hours of 1:00 a.m.
to 7:00 a.m. from November 1st to April 1st of each year. Vehicles in violation can be towed at the owner’s expense.

He also stated that the East High Street Bridge Culvert project is near completion. The Town Highway Dept. has set the binder coat and all that is needed is the final coat before the road can be re-opened. He thanked the Town Highway personnel for the fine job they have done.

He then informed residents that the East High Street Pump Station is waiting for the arrival of the pump which is late due to manufacturing delays.

Additionally, Mr. Pettit thanked the Town’s volunteer fire service personnel who have been very busy of late with numerous accidents of very serious natures.

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PAGE 6 – Continuation of minutes of Lockport Town Board meeting conducted on 11/07/2007.

David Knight – Councilman Knight informed residents of the Veteran’s Day observances which will take place at Outwater Park on Veteran’s Day (celebrated
on the eleventh hour, on the eleventh day, of the eleventh month.

He also informed them of a Veteran’s Day Dance hosted at the VFW post on Saturday, Nov. 10th, which will have local radio celebrity, Hank Nevin, act as the Master of Ceremony.

Cheryl Antkowiak – asked all residents to participate in an internet vote to assist Lockport Memorial Hospital in obtaining an M.R.I. machine. Residents should
go to www.winanmri.com and vote daily until January 1, 2008.

She also thanked the South Lockport Fire Company for hosting the 2007 Town Halloween Party for Town of Lockport children. The party was a great success, was well attended and enjoyed by all.

Additionally, she urged residents to check on their neighbors during the winter months, especially elderly neighbors who may need special attention.

12. PUBLIC HEARING – Proposed Local Law to Establish Residency and Proximity Restrictions in the Town of Lockport for Sex Offenders Who have committed Crimes against Minors.

Supervisor Smith opened the hearing for public comment. No one spoke to the issue and the hearing was closed.

13. ACTION AFTER PUBLIC HEARING – Proposed Local Law - Residency and Proximity Restrictions for Sex Offenders having Committed Crimes Against Minors.

On a motion by Council member Antkowiak, seconded by Council member Pettit, the following resolution was put to a ROLL CALL vote and was duly ADOPTED:
AYES-5, NAYS-0. Voting AYE: Antkowiak, Knight, Pettit, Crocker and Smith.

TOWN OF LOCKPORT RESOLUTION
ADOPTION OF LOCAL LAW No. 2007-04

BE IT ENACTED by the Town Board of the Town of Lockport as follows:

SECTION 1. Intent, Purpose and Findings.

A. The highest priority of government is the safety and protection of its residents, especially its children. The Town of Lockport has had, placed in its borders, a large number of registered sex offenders, some of who have committed criminal sexual offenses against minors. A number of these sex offenders have been categorized as Level II Sex Offenders who have been determined to pose a moderate risk of committing another sexual crime. A number of these sex offenders have been categorized as Level III Sex Offenders who have been determined to pose a high risk of committing another sexual crime.

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PAGE 7 – Continuation of minutes of Lockport Town Board meeting conducted on 11/07/2007.

B. The Town of Lockport Town Board finds and determines that it is essential to assure residents of Town of Lockport that the Town government continues to make every effort to protect children from sex offenders.

C. This Board further finds and determines that it is in the best interest of Town of Lockport citizens to establish residency and proximity restrictions for sex offenders who have committed criminal sexual offenses against minors.

D. This Board further finds that residency in close proximity to areas where minors are required to be present or congregate for recreation purposes pose an unacceptable level of danger.

E. Accordingly, the purpose of this Local Law is to prohibit sex offenders from residing within, or entering within, a radius of five hundred (500) feet measured from the main, or secondary, or tertiary entrances of a public or private school, nursery school, pre-school, child care facility, playground, or park.

SECTION 2. Definitions.

A. The term “Sex Offender” shall mean a person who has been convicted of a sexual offense against a minor and has received a Level II or III designation as defined under Article 6-C of the New York State Correction Law.

B. The term “child care facility” shall mean licensed and/or registered child day care centers, group family day care homes and family day care homes as defined by the New York State Social Services Law.

C. The term “residence” shall mean place where a person sleeps, which may include more than one location, and may be mobile or transitory.

SECTION 3. Restrictions.

A sex offender as herein defined shall not reside within, or enter within, a radius of five hundred (500) feet measured from the main, or secondary, or tertiary entrances of a public or private school, nursery school, pre-school, child care facility, playground, or park . Notwithstanding, however, a sex offender may enter within the five hundred (500) foot radius solely for the purpose of employment, shopping or attending appointments, or traveling from one point to another, but in no event shall the sex offender enter on to the premises of a public or private school, nursery school, pre-school, registered day care center, playground, or park while working, shopping or attending an appointment.

SECTION 4. Prospective Effect.

This Law shall not require any person to move from their residence as established prior to the enactment of this Law.

SECTION 5. Penalties.

Any violation of the provisions of this Local Law shall be a Class A Misdemeanor punishable by a fine not exceeding $1,000.00; or imprisonment for a term not exceeding one year; or both such fine and imprisonment.

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PAGE 8 – Continuation of minutes of Lockport Town Board meeting conducted on 11/07/2007.

SECTION 6. Severability.

If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

SECTION 7. Effective Date.

This Local Law shall take effect immediately upon filing with the Secretary of State.

14. Supervisor’s Comments

Transit North Focus Group – the follow-up meeting held in October at the Holiday Inn was well attended. Many of those in attendance volunteered to participate in the project. As the project develops, the group will keep everyone posted of the progress.

Town Drainage/Donner Creek Cleanup – the Town has met with the NYSDEC and A possible resolution has been established. The Town’s engineer will provide cost estimates and time lines for the development of a plan to alleviate 10-year flooding events. The Town of Lockport will work closely with the Town of Pendleton and the City of Lockport to develop a cohesive plan.

Town Zoning Committee – the Town’s committee is still reviewing the Town’s Fee Schedule. The revisions will most likely be across the board and upon completion,
will be brought before the Town Board for review and comment, as well as for the public’s input.

15. Adjournment

There being nothing further for discussion, Councilman Knight motioned for adjournment. Councilman Pettit seconded. The meeting was closed at 7:57 p.m.
The Lockport Town Board will next meet at 1:00 p.m. on Wed., November 21, 2007.

Respectfully submitted,

Nancy A. Brooks, RMC, CMC
Lockport Town Clerk

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