Common Council
City of Lockport Common Council Minutes March 5, 2008
By Richard P. Mullaney
Mar 10, 2008, 13:14
CITY OF LOCKPORT
CORPORATION PROCEEDINGS
Lockport Municipal Building
Regular Meeting
Official Record
March 5, 2008
7:00 P.M.
Mayor Michael W. Tucker called the meeting to order.
ROLL CALL
The following Common Council members answered the roll call:
Aldermen Kibler, Pasceri, Alexander, McKenzie, Schrader, and Lombardi.
RECESS
Recess for public input.
030508.1 APPROVAL OF MINUTES
On motion of Alderman Lombardi, seconded by Alderman Schrader, the minutes of the Regular Meeting of February 20, 2008 are hereby approved as printed in the Journal of Proceedings. Ayes 6. Carried.
PUBLIC HEARING
The Mayor announced a public hearing on a proposed local law to amend the City Charter §C-159. Opening, alteration and discontinuance of streets, et cetera.
The Mayor asked the City Clerk if any petitions or communications relative to said proposed local law have been received.
Recess for public input.
The Mayor closed the public hearing.
FROM THE MAYOR
Appointment:
1/25/08 Norman D. Allen, 5111 Lower Mountain Road, Lockport, NY – appointed as Director of Engineering effective February 25, 2008. Said appointment is permanent and subject to 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)
2/22/08 Wayne M. Dent, Lockport Evangelical Ministers Association – request permission to hold the “Meet at City Hall” prayer gathering in front of City Hall on May 1, 2008 from noon to 1:00 p.m. Referred to the Committee of the Whole.
2/28/08 Steven J. Doleski, Regional Permit Administrator, NYS DEC, Div. of Environmental Permits, Region 9, 270 Michigan Avenue, Buffalo, NY – comments concerning permits that may be required regarding the Erie Canal Flight of Five Restoration project. Referred to the Director of Engineering and the Director of Community Development.
3/3/08 Carol Costello, St. Mary’s Church, 5 Saxton Street, Lockport, NY – request permission to use the Big Bridge on Saturday, March 22, 2008 for their Holy Saturday Vigil bonfire. Referred to the Committee of the Whole.
Notice of Defect:
2/8/08 208 East Avenue, Lockport, NY – tree
2/15/08 Price Street at 181 Waterman Street, Lockport, NY - trees
Referred to the Highways & Parks Department.
Notice of Claim:
2/8/08 Marie Stidham, 77 Main Street, Apt. 610, Lockport, NY
2/15/08 John D. and Laura A. DeLange, 181 Waterman Street, Lockport, NY
Referred to the Corporation Counsel.
MOTIONS & RESOLUTIONS
030508.2
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 March 7, 2008.
Seconded by Alderman Pasceri and adopted. Ayes 6.
030508.3
By Alderman Kibler:
Resolved, that claims authorized for payment by the Director of Community Development, and subsequently paid from the Community Development Escrow Account, be and the same are hereby approved.
Seconded by Alderman Alexander and adopted. Ayes 6.
030508.4
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:
Title Employee Years of Service
Police Lieutenant Brian W. Wentland 10
Police Detective Travis A. Mapes 5
Senior Account Clerk Shirley M. Browning 5
Police Officer Gregory J. Chambers 5
Cashier-Typist Donna J. Winters 5
Seconded by Alderman McKenzie and adopted. Ayes 6.
030508.5
By Alderman Lombardi:
Resolved, that the Director of Engineering is hereby authorized and directed to prepare bid specifications for cleaning the Municipal Building HVAC 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 Schrader and adopted. Ayes 6.
By Alderman Kibler:
Resolved, that the reading of the foregoing resolution be and the same is hereby waived.
Seconded by Alderman McKenzie and adopted. Ayes 6.
030508.6
By Alderman Lombardi:
Resolved, that the following local law be and the same is hereby adopted:
City of Lockport
Local Law No. 1 of the year 2008
“A LOCAL LAW to amend the City Charter, § C-159. Opening, alteration and discontinuance of streets, et cetera .”
BE IT ENACTED by the Common Council of the City of Lockport, New York, as follows:
§ C-159. Opening, alteration and discontinuance of streets, et cetera.
The Common Council may lay out, make and open streets, alleys, lanes, highways, grounds for markets, public grounds, basins, canals, docks and slips in said city and alter, widen, contract, straighten or discontinue the same, and may take and appropriate such lands in said city as it may from time to time deem necessary therefore and for the construction of common public drains and sewers. All streets, alleys, lanes, highways, market grounds, public grounds, docks, basins, canals and slips laid out by it and all lands so taken and appropriated for sewer purposes, when opened and made, shall be public highways or grounds for the purpose for which the same were acquired.
When the alteration or discontinuance of a street or highway, or a part thereof, will cut off from all access to a public street or highway any property abutting on the street or alley, or a part thereof, so closed, the same shall not be closed without notice by certified or registered mail to the owners and mortgages of record, if any, of such property.
The Common Council shall provide for the reservation of an easement in any vacated public way for public utility purposes, and may prohibit the erection of any structures over, under or adjacent to such public utilities without the express consent of the city. Such consent or the termination of such easement or the abandonment thereof may be accomplished by resolution of the Common Council without notice to any party.
Upon discontinuance of streets, alleys, lanes, highways, grounds for markets, public grounds, basins, canals, docks, slips, et cetera, the same may be used for any other city purpose or may be sold or leased by complying with the following requirements: No sale or lease of any of the aforesaid properties shall be made or authorized except by vote of a majority of all the members of the Common Council. The sale or lease shall be by public auction to the highest bidder under proper regulations as to the giving of security and after public notice to be published at least once in the official newspaper, unless the Common Council shall otherwise provide, that said property may be sold or leased without public bidding therefor. The sale or lease of any of the aforesaid properties shall not be valid or take effect unless made as aforesaid and subsequently approved by vote of a majority of all of the members of the Common Council and also approved by the Mayor. Any lease executed hereunder shall not exceed forty years in duration.
The provisions of this section shall not apply to the sale, lease of real property owned by the city, to the Lockport Urban Renewal Agency, under the provisions of Article 15 and/or Article 15-A of the General Municipal Law of the State of New York, as amended, relating to urban renewal or the Greater Lockport Development Corporation under the provisions of Article 14, Section 1411 of the Not-for-Profit Law of the State of New York.
This law shall take effect immediately upon filing with the Secretary of State.
Seconded by Alderman Pasceri. A roll call vote was taken which resulted as follows:
Alderman Alexander VOTING Y
Alderman Kibler VOTING Y
Alderman Lombardi VOTING Y
Alderman McKenzie VOTING Y
Alderman Pasceri VOTING Y
Alderman Schrader VOTING Y
The local law was thereupon declared duly adopted.
030508.7
By Alderman Lombardi:
Resolved, that pursuant to their request, the Lockport Evangelical Minister's Association is hereby granted permission to conduct their annual "Meet at City Hall" prayer gathering in front of the Lockport Municipal Building on Thursday, May 1, 2008 starting at noon to 1:00 p.m. in conjunction with the "National Day of Prayer".
Seconded by Alderman Kibler and adopted. Ayes 6.
030508.8
By Alderman Lombardi:
Whereas, the existing guide rail on Niagara Street at the Gulf Stream was damaged providing an unsafe roadway, and
Whereas, the Director of Engineering requested and received three estimates to repair this damage, and
Whereas, Phelps Guide Rail, 919 Cress Road, Phelps, NY was the lowest bidder with a full scope of work, 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 Phelps Guide Rail for guide rail repair and replacement on Niagara Street at the Gulf Stream at a cost of $6,780 plus a contingency of 15% to be charged to account #015120.479.
Seconded by Alderman Alexander and adopted. Ayes 6.
030508.9
By Alderman Lombardi:
Resolved, that the Director of Engineering is hereby authorized and directed to prepare bid specifications for Outwater Park Renovations, 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 McKenzie and adopted. Ayes 6.
030508.10
By Alderman Lombardi:
WHEREAS, the provision for the continuation of hospital services in Eastern Niagara County and Lockport, New York is essential, and
WHEREAS, the Berger Commission has issued a recommendation and directive directing that Lockport Memorial Hospital and Inter-Community Memorial Hospital of Newfane, Inc., merge, under a common board, and
WHEREAS, the Berger Commission findings as directed by the New York State Department of Health will require a full asset merger of Lockport Memorial Hospital and Inter-Community Memorial Hospital of Newfane, Inc., and
WHEREAS, it has been determined that in order to facilitate this merger, a Resolution of the Lockport City Council is needed in order to facilitate the merger, and
WHEREAS, Lockport Memorial Hospital will continue to make payment of its obligations to the City of Lockport pursuant to the Mortgage Modification Agreement executed between the parties respectively by Lockport Memorial Hospital on May 15, 2000, and the City of Lockport on May 9, 2000, said Mortgage Modification representing a continuing obligation on Lockport Memorial Hospital and any successors or assigns
NOW THEREFORE BE IT
RESOLVED, that the agreement between the City of Lockport and Lockport Memorial Hospital permitting the transfer of the hospital to a not-for-profit corporation adopted by the Common Council in December 19, 1979, shall be amended with respect to paragraph 7 by deleting the following therefrom:
“and free from liens or encumbrances except as the corporation may incur for the purpose of financing future capital improvements for the benefit of the hospital:”
and further that the agreement be amended by deleting Paragraphs 12 and 13 of the agreement.
Seconded by Alderman Schrader and adopted. Ayes 6.
030508.10A
By Alderman Lombardi:
Resolved, that pursuant to their request, St. Mary's Church is hereby granted permission to barricade Saxton and Buffalo Streets on March 22, 2008 between 7:00 p.m. and 9:00 p.m. so that they may use that area of the Big Bridge for their Holy Saturday Vigil bonfire subject to approval of the Fire Chief and to filing a certificate of insurance with the City Clerk naming the City of Lockport as additional insured, and be it further
Resolved, that the Highways & Parks Department is hereby authorized and directed to deliver barricades to said area prior to the event.
Seconded by Alderman Alexander and adopted. Ayes 6.
030508.10B
By Alderman Schrader:
Resolved, that the Fire Chief is hereby authorized and directed to prepare bid specifications for two (2) new ambulances and one (1) new Fire Pumper, 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 6.
030508.10C
By Alderman Lombardi:
Whereas, the City of Lockport has been invited by the New York State Division of Housing and Community Renewal to submit an application for the New York State HOME Program, and
Whereas, the City of Lockport is desirous of continuing its revitalization efforts for the benefit of low and moderate income residents, to improve and upgrade distressed neighborhoods, provide safe, decent and sanitary housing, and
Whereas, a program has been prepared which meets those community needs which have been identified, now, therefore, be it
Resolved, that the Mayor be and he is hereby authorized to execute and submit an application to the New York State Division of Housing and Community Renewal for the New York State HOME Program.
Seconded by Alderman Schrader and adopted. Ayes 6.
030508.10D
By Alderman McKenzie:
Resolved, that the Police Chief is hereby authorized and directed to prepare bid specifications for digital upgrade of their video equipment for police cars, 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 6.
Conclusion of agenda.
030508.11 ADJOURNMENT
At 7:13 P.M. Alderman Lombardi moved the Common Council be adjourned until 7:00 P.M., Wednesday, March 19, 2008.
Seconded by Alderman Kibler and adopted. Ayes 6.
RICHARD P. MULLANEY
City Clerk
CANCELLED -Informational Public Meeting on Rezoning of South Transit Street
© Copyright eLockport.com
|