Common Council
City of Lockport Common Council Minutes January 4, 2008
By Richard P. Mullaney
Mar 10, 2008, 13:01

CITY OF LOCKPORT
CORPORATION PROCEEDINGS

Historic Palace Theatre
Two East Avenue, Lockport, NY

Annual Meeting
Official Record
January 4, 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.

010408.1
By Alderman Lombardi:
Resolved, that the Rules & Orders governing Common Council meetings be and the same are hereby waived for this meeting.
Seconded by Alderman Schrader and adopted. Ayes 6.

010408.2 APPROVAL OF MINUTES

On motion of Alderman Lombardi, seconded by Alderman Kibler, the minutes of the Regular Meeting of December 19, 2007 are hereby approved as printed in the Journal of Proceedings. Ayes 6. Carried.

FROM THE MAYOR

Appointments:

Under and by virtue of the authority conferred on me by the Charter of the City of Lockport, I, Michael W. Tucker, Mayor of the City of Lockport, do hereby make the following appointments:

For the term of one year expiring on December 31, 2008:

President of the Common Council John Lombardi III
Corporation Counsel John J. Ottaviano
Deputy Corporation Counsel (1st) David Blackley
Deputy Corporation Counsel (2nd) Matthew Brooks
Niagara Community Action Program John Lombardi
Traffic Advisory Committee Matthew Brooks



Common Council Standing Committees

Finance Committee – Alderman Kibler, Chairman; Members: Aldermen Lombardi, Schrader, McKenzie and Pasceri.

Public Health & Safety – Alderman McKenzie, Chairman; Members: Aldermen Kibler, Schrader, Lombardi, Alexander.

Highways & Parks – Alderman Lombardi, Chairman; Members: Aldermen Kibler, Schrader, McKenzie and Alexander.

Water & Sewer – Alderman Schrader, Chairman; Members: Aldermen Kibler, McKenzie, Lombardi and Pasceri.

Youth – Alderman McKenzie Chairman; Members: Aldermen Kibler, Schrader, Lombardi, Pasceri.

Personnel – Alderman Lombardi, Chairman; Members: Aldermen Schrader, Kibler, McKenzie and Alexander.

Washington Hunt – Mayor Tucker, Chairman; Members: Aldermen Kibler and Schrader.

For their term of office:

Fire Board Alderman Patrick Schrader
Police Board Alderman Flora McKenzie

For the term of two years expiring on December 31, 2009

Commissioner of Deeds

Paula A. Costello, 9 Remick Parkway, Lockport, NY
Richard McIntyre, 7108 Ridgewood Drive, Lockport, NY
Mary Ann Reszel, 16 Gothic Ledge, Lockport, NY
Scott P. Kiedrowski, 1253 Bowen Court, North Tonawanda, NY 14120
Phyllis J. Green, 110 Grant Street, Lockport, NY
James F. Gugliuzza, 684 Walnut Street, Lockport, NY
Robert Norris, 174 Continental Drive, Lockport, NY
Marcus Hall, 7228 Ridge Road, Lockport, NY
Michael E. White, 6 Bridlewood Drive, Lockport, NY
Kenneth Genewick, 38 Harrison Ave., Lockport, NY
Roger E. Wagner, 4613 Sunset Drive, Lockport, NY
Katie Alexander, 382 Woodlin, North Tonawanda, NY
Brendon McIntyre, 296 Bryant Street, North Tonawanda, NY
Melissa Bowman, 6590 Wheeler Road, Lockport, NY
Kathy E. Kephart, 6425 Sherman Drive, Lockport, NY
Kathryn M. Davis, 289 Beattie Avenue, Apt. 3, Lockport, NY

Received and filed.
12/28/07 Matt Adams, 34 Woodbury Drive, Lockport, NY – appointed as a member of the Plumbing Board for a term of three years expiring on December 31, 2010. Received and filed.

1/1/08 Paula M. Sattelberg, 109 Caledonia Street, Lockport, NY - appointed as interim Director of Utilities. Said appointment is provisional and subject to rule 14 of the New York State Civil Service Rules and Regulations. Received and filed.

FROM THE CITY CLERK

The Clerk submitted payrolls, bills for services and expenses, and reported that the Department Heads submitted reports of labor performed in their departments.
Referred to the Finance Committee.

Communications (which have been referred to the appropriate City officials)

12/28/07 Mayor Michael W. Tucker – recommending that Edward E. Sandusky, 43 Woodbury Drive, Lockport, NY be appointed to the Lockport Community Cable Commission for a three-year term to expire on December 31, 2010 and Alderman John Lombardi III for his term of office. Referred to the Committee of the Whole.

MOTIONS & RESOLUTIONS

By Alderman Kibler:
Resolved, that the reading of the foregoing resolution be and the same is hereby waived.
Seconded by Alderman Schrader and adopted. Ayes 6.

010408.3
By Alderman Lombardi:
Resolved, that the following Rules and Order of the Common Council are hereby adopted:

RULES AND ORDERS OF THE COMMON COUNCIL

1. Roll Call. At the hour appointed for the meeting of the Council, the Mayor shall take the chair and direct a call of the members of the Council, and the Clerk shall note the absentees. Upon the appearance of a quorum, the Mayor shall call the members to order. If a quorum be not present, he shall send for absent members. Following shall be the

ORDER OF BUSINESS

a. Reading of minutes. Reading and approval of the minutes preceding meeting; but a majority of the members present may approve of, or dispense with, the reading of the minutes of any previous meeting.

b. Communications from the Mayor.

c. Communications and reports of officers of the corporation.

d. Petitions and remonstrances.

e. Reports of Standing Committees, in the order named in rule.

f. Reports of Special Committees.

g. Committee of the Whole.

h. Executive business.

i. Motions, resolutions and notices.

j. Unfinished business.

DUTIES OF THE MAYOR AS PRESIDING OFFICER

2. The Mayor, as presiding officer, shall possess the powers and perform the duties as herein prescribed, viz:

a. He shall preserve order and decorum.

b. Question of Order. He shall decide all questions of order, subject to appeal of the Council. On every appeal he shall have the right in his place to assign his reason for his decision; but any member may state the grounds for his appeal.

c. Appointment of Committees. He shall appoint all committees except where the Council shall otherwise order.

d. Temporary Chairman. He may substitute any member to perform the duties of the chair, but such substitution shall not extend beyond the adjournment of the Council, except by special consent of the Council.

e. Committee of the Whole. When the Council shall be ready to go into Committee of the Whole, he shall name a chairman to preside therein.

f. Privileges of the floor. He shall have the right to invite to the floor of the Council such persons as he shall deem deserving of the privilege; but the right of admission under such invitation shall not extend beyond the day on which it shall be given.

3. While a question is being put. While the presiding officer is putting a question, no member shall walk across or out of the room; nor in such case, or when a member is speaking, shall entertain any private discourse, nor, while a member is speaking, shall pass between him and the chair.

4. Speaking. Every member, when he speaks, shall, from his chair, address the presiding officer as Mr. Mayor, and shall not proceed until recognized by the Mayor; and no member shall speak more than twice to the same question, nor more than five minutes each time at the same meeting, without requesting and receiving the consent of a majority of the members present, by a roll call vote.

5. Speaker recognized. When two or more members request recognition simultaneously, the presiding officer shall name the member he wishes to speak first.

6. Call to order. Any member may be called to order; in which case the member so called to order shall immediately sit down. The point of order shall be stated at the request of the presiding officer, by the member raising the question of order, and shall be decided without debate, before proceeding to other business.

7. Vote. Every member shall vote when a question is stated from the chair, unless excused by the Council; and every member voting shall be in his place.

8. Petitions, etc. Petitions and other papers may be presented by the presiding officer or any member, but when presented by a member, he shall first endorse on the petition or paper the substance thereof.

9. Motions or Resolutions. No motion or resolution shall be debated or put until seconded, and no member shall make or second a motion or resolution except he request recognition from his chair for that purpose; and when seconded the motion or resolution shall be stated distinctly by the presiding officer, before being put or debated. No motion or resolution shall be presented for action, unless it has been submitted in writing to the City Clerk by noon at least six (6) calendar days prior to the Council meeting (for purposes of computation, days shall include the date of submission of such resolution or motion but shall not include the day of the Council meeting) or unless by the consent of two-thirds of the whole number of the Council, except that a motion or resolution referred to any committee may be recalled from that committee at any subsequent Council meeting by vote of a majority of the whole number of the Council. If any motion or resolution referred to a committee shall not have been reported out within forty-five days of the time when it was referred, then the sponsor of the motion or resolution may have it brought out for Council consideration without any committee report. Any motion or resolution may be withdrawn at any time before decision, commitment or amendment by unanimous consent.

10. Ayes and noes. If any member require it, the ayes and noes upon any question shall be taken and entered upon the minutes of the Council. In taking the same, the names of members shall be taken alphabetically.

11. Appointment of committees. All committees shall be appointed by the presiding officer, unless otherwise specially directed by the Council, in which case they shall be appointed by ballot.

PRIVILEGED QUESTIONS

12. Order of motions. When a question is pending, no motion shall be received, except as hereinafter specified; which motion shall have preference in the order stated, viz:

a. For an adjournment of the Council.
b. A call of the Council.
c. To lay on the table.
d. For the previous question.
e. To postpone indefinitely.
f. To postpone to a day certain.
g. To refer to the Committee of the Whole.
h. To refer to a standing committee.
i. To refer to a special or select committee.
j. To amend.

13. Non-debatable motions. A motion to adjourn, lay on the table, or for the previous question, shall be decided without amendment or debate; and all questions of order, and all questions relating to the order of business, shall be decided without debate. The several motions to postpone or to refer, shall preclude all debate of the main question.

14. Reconsideration. A motion for reconsideration if lost, shall not again be repeated at the same meeting of the Council, nor shall any question be reconsidered more than once.

15. Executive business. Executive business shall be governed by Chapter 511 of the Laws of 1976.

16. Concerning applicant for office. All information, or any remarks by any member concerning the character or qualifications of any person whose name shall be before the council for an appointment to any office, shall be kept secret, and all proceedings and things of the Council, or any member thereof, in secret session, shall be kept secret until the Council shall remove all injunctions to secrecy.

17. Divisions of questions. If any question contains several distinct propositions, it may be divided by the chair.

18. Reading of paper. Any member may have any paper in possession of the council read, upon request, unless the same shall be objected to by some other member; and then the question shall be determined by a vote of a majority of the whole council, without debate.

19. Speaking to question. After the roll-call upon any question has commenced, no member shall speak to the question except to explain his vote, and then not to exceed five minutes; nor shall any motion be made until after the result is declared.
20. Committee's Report. No report shall be received from any committee unless the committee, or a quorum thereof, shall have met and considered the matter in a regular or special meeting of the committee.

21. Robert's Rule of Order. Whenever any question not covered by these rules shall arise, this council shall be governed by the parliamentary rules as laid down in Robert's Rule of Order.

22. Standing Committees The following standing committees shall be appointed by the Mayor at the commencement of the session, or as soon thereafter as may be practicable:

FINANCE COMMITTEE – to consist of Common Council members as appointed by the Mayor, and ex-officio members: City Treasurer, City Auditor, and City Budget Director.
PUBLIC HEALTH & SAFETY – to consist of Common Council members as appointed by the Mayor and ex-officio members: Police Chief, Fire Chief, and Chief Building Inspector.

HIGHWAYS & PARKS - to consist of Common Council members as appointed by the Mayor.

WATER & SEWER - to consist of Common Council members as appointed by the Mayor.

YOUTH – to consist of Common Council members as appointed by the Mayor and ex-officio members: Youth & Recreation Director and Youth Board member.

PERSONNEL – to consist of Common Council members as appointed by the Mayor and ex-officio member: City Clerk.

WASHINGTON HUNT - to consist of three members: Mayor and two aldermen as appointed by the Mayor.

The Common Council President shall be qualified to sit as a member of any standing committee whenever his or her presence will enable such committee to reach a quorum for the transaction of business.

23. Changing of Rules. No standing rule or order of the council shall be amended, repealed, rescinded, changed or superseded, except by a vote of two-thirds of the whole council, nor shall any new rule be added thereto, except by a like vote; but they may be suspended at any time by a two-thirds consent of the whole council.

24. Regular Meetings.

a. The regular meeting of the Council shall be held on the first and third Wednesday of each month, except when otherwise directed by resolution of the Common Council. The hour of meeting shall be 7:00 P.M., and if a quorum shall not be present at 7:30 P.M. the Common Council shall stand adjourned. The Committee of the Whole shall meet one hour prior to the start of the regularly scheduled Common Council meetings.

b. The Committee of the Whole work sessions if scheduled shall be held at 6:00 P.M. on the second, fourth and fifth Wednesdays of each month or any other day and time if so directed by the President of the Common Council.

25. Business of Special Meeting. It shall not be in order at any special meeting to proceed to any other business than that for which the meeting was convened, unless by unanimous consent of all members present.

26. Regular Committee Meetings. The standing committees shall have regular meetings for the transaction of committee business.

27. Report of Committees. It shall be the duty of the committees to report on every subject referred to them, within two weeks from the time of such reference, unless the time shall have been extended by the council.

28. General rules and regulations for the letting of contracts for materials, supplies, equipment or public works projects (including local public improvements).

l. After any materials, supplies, equipment or public works project shall have been ordered, the Common Council shall, at the time of adopting the ordinance therefor, or at anytime thereafter, give notice, or order and direct the same to be given, that proposals for the doing and completion of said work will be received.

2. All notices shall be given by the City Clerk by publishing same in the official paper of this city.

3. Notices for the receiving of proposals shall be of the following form - the blanks therein to be filled at the time of publication as necessities require:

NOTICE TO BIDDERS

City Clerk's Office, Lockport, New York

Sealed proposals shall be received by the undersigned at his office, Lockport Municipal Building, One Locks Plaza, Lockport, NY until (day) , (date) , at (time) for in accordance with the specifications made therefor and obtainable at the (appropriate City office).

Proposals must be for the amount in gross and include everything connected with the proposed materials, supplies, equipment or public works project being bid.

Each proposal must be accompanied by a certified check or bid bond in an amount equal to ten percent of the bid.

The Common Council hereby reserves the right to reject any or all proposals.

By order of the Common Council of the City of Lockport, N.Y.

______________________
City Clerk

4. No proposal after time expires. After the time in said notice specified for the reception of proposals shall have expired no further proposals for the work specified therein shall be received; and each and every plan and specification therein published shall be particularly and strictly observed by all concerned.

5. Proposals to be guarded. The City Clerk shall receive all proposals at his office in this City, and shall carefully guard and preserve the same unopened; he shall not permit either or any of them to be taken from his custody until such time and in such manner as the Common Council may order and direct.

6. Clerk to open. The Clerk shall publicly open and read the bids on the date and at the time specified in the Notice to Bidders.

7. Clerk to report to Council. The City Clerk shall submit a summary of those bids received and opened to the Common Council at its first regular meeting thereafter, under the order of "unfinished business."

8. Recess to examine. The Mayor may thereupon declare a recess, stating the duration thereof, in order that the members of the Council may critically examine each proposal.

9. Action on proposals. Upon re-assembling, the Common Council shall consider said proposal, and shall without adjournment take some action in relation thereto, either by accepting the proposal of the lowest responsible bidder, or by rejecting all bids, or by referring the same to some proper committee.


10. To again advertise. In case all bids are rejected, the Common Council shall again direct the
publication of a notice to bidders, similar in all respects to that first advertised, and shall so continue to advertise for, receive and consider proposals for said items until by a vote of a majority of the council, a contract is finally awarded, except, however, in cases where the Common Council shall reconsider its action requiring such work to be performed by contract.

11. Certified Check or Bid Bond. Each proposal shall be accompanied by a certified check or bid
bond in a sum not less than ten percent of the amount of the proposal. In the event the successful bidder fails to enter into contract within five days after being notified by the City Clerk, the check will be forfeited.

12. The Common Council reserves the right to reject any or all proposals.

29. Two-thirds vote to repeal. No legislative ordinance, act or resolution passed during any previous meeting of the current term of this council, shall be amended, repealed, rescinded, changed or superseded, in whole or in part, except by two-thirds vote of the whole Council.

30. Recess for public input. Following roll call at the Common Council meetings, an approximate ten (10) minute recess be observed for attending citizens to be heard regarding city business on the Agenda.

Seconded by Alderman McKenzie and adopted. Ayes 6.

010408.4
By Alderman Lombardi:
Resolved, that pursuant to the recommendation of Mayor Tucker, the following appointments are hereby made to the Lockport Community Cable Commission:

Edward E. Sandusky, 43 Woodbury Drive, Lockport, NY is hereby appointed
for a three-year term expiring on December 31, 2010.

Alderman John Lombardi III for his term of office.

Seconded by Alderman Alexander and adopted. Ayes 6.

010408.5
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 January 4, 2008.
Seconded by Alderman Pasceri and adopted. Ayes 6.

010408.6
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 Lombardi and adopted. Ayes 6.

010408.6A
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 $50,000 to 80 Main Street, Lockport, New York, LLC for working capital needs, be and the same is hereby approved.
Seconded by Alderman Lombardi and adopted. Ayes 6.

010408.6B
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 $80,000 to Tuscarora Inn, Inc. to acquire property located at 128 & 138 Walnut Street and 28 South Street, acquisition of equipment, building & site improvements and working capital needs, be and the same is hereby approved.
Seconded by Alderman Lombardi and adopted. Ayes 6.

010408.6C
By Alderman Schrader:
Resolved, that the Mayor and Common Council do hereby extend condolences to the family of George J. Rosenberg, a retired City of Lockport Assistant Chief in the Fire Department who recently passed away.
Seconded by Alderman Alexander and adopted. Ayes 6.

010408.6D
By Alderman Schrader:
Resolved, that pursuant to § C-188 and § C-202 of the Lockport City Code, the appointment of Paula M. Sattelberg to the position of interim Director of Utilities is hereby confirmed.
Seconded by Alderman Kibler and adopted. Ayes 6.

Conclusion of agenda.

010408.7 ADJOURNMENT

At 7:07 P.M. Alderman Lombardi moved the Common Council be adjourned until 7:00 P.M., Wednesday, January 16, 2008.
Seconded by Alderman Kibler and adopted. Ayes 6.



RICHARD P. MULLANEY
City Clerk





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