Common Council
City of Lockport Council Council Minutes March 19, 2008
By Richard P. Mullaney
May 13, 2008, 08:48
CITY OF LOCKPORT
CORPORATION PROCEEDINGS
Lockport Municipal Building
Regular Meeting
Official Record
March 19, 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.
031908.1 APPROVAL OF MINUTES
On motion of Alderman Lombardi, seconded by Alderman Kibler, the minutes of the Regular Meeting of March 5, 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 regarding Registration of Rental Housing Units Certificate of Compliance.
The Mayor asked the City Clerk if any petitions or communications relative to the proposed Local Law have been received.
2/6/08 Jean Kiene, 400 Willow Street, Lockport, NY in support of the passage of a
Landlord Licensing Local Law.
3/19/08 Lisa & Ed Pettitt comments, concerns and recommendations regarding the
proposed local law.
3/19/08 Jacob Kern, Jr., 450 South Transit Street, Lockport, NY recommends the
enactment and strict enforcement of tough housing laws.
Recess for public input.
The Mayor closed the public hearing.
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)
2/29/08 Richard A. Keil, Program Manager, State Valuation Services, State of New York Executive Department, State Board of Real Property Services, Albany, NY Notice of Tentative Special Franchise Full Value for ACC Communications. The State Board or its duly authorized representative will conduct a hearing on March 27, 2008 at 10:00 a.m. in the Board Room 5th Floor, 16 Sheridan Avenue, Albany, NY to hear any complaints concerning such full value. Complaints must be filed in accordance with the procedure provided in Section 610 of the Real Property Tax Law. Referred to the Committee of the Whole.
3/3/08 Amy E. Fisk, AICP, Senior Planner, Niagara County Department of Economic Development, 6311 Inducon Corporate Drive, Sanborn, NY regarding Municipal Cell Tower Regulations. Referred to the Committee of the Whole.
3/3/08 Christine Melchiorre, Events and Programs Manager, Kenan Center, 433 Locust Street, Lockport, NY request to erect a banner over East Avenue at Davison Road from May 16, 2008 through June 2, 2008 to promote their 38th Annual 100 American Craftsmen event. Referred to the Committee of the Whole.
3/12/08 Charlene Bower, Lockport in Bloom Committee request permission to hold their 4th annual City Garden Tour 2008 on July 12th and 13th. Referred to the Committee of the Whole.
3/17/08 Richard P. Mullaney, City Clerk notification that the Lockport Municipal Building will be closed on Friday, March 21, 2008 in observance of Good Friday. Garbage scheduled to be collected on Friday, March 21st will be picked-up on Thursday, March 20th. Referred to the media.
Notice of Defect:
3/7/08 201 Union Street, Lockport, NY trees
3/11/08 West Main Street, Lockport, NY curbside snow piles
Referred to the Highways & Parks Department.
Notice of Claim:
3/11/08 Heather Sherman, P.O. Box 824, Lockport, NY
3/12/08 State Farm Fire and Casualty Company, as subrogee of Charles Stoll, 22 Briarwood Drive, Lockport, NY
Referred to the Corporation Counsel.
MOTIONS & RESOLUTIONS
031908.2
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 21, 2008.
Seconded by Alderman Pasceri and adopted. Ayes 6.
031908.3
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.
031908.4
By Alderman Lombardi:
Resolved, that the table of organization in the 2008 General Fund Budget be amended by creating the position of Temporary Laborer in the Building Maintenance Department for a period not to exceed three months. Cost of same to be charged to account #011620.100.
Seconded by Alderman McKenzie and adopted. Ayes 6.
031908.5
By Alderman Lombardi:
ADANDONMENT OF A PART OF WASHBURN STREET
WHEREAS, Since the closing of the Jubilee grocery store several years ago the City of Lockport does not have any grocery stores located downtown for the convenience of the downtown vehicle and pedestrian traffic/customers area, and
WHEREAS, a popular produce company that is located on the southern most boundary of the Town of Lockport is in the process of acquiring or has acquired the former Brewhouse building located at 112 Chestnut Street, Lockport, New York for the purpose of constructing and operating a produce store, and
WHEREAS, 112 Chestnut Street is a historic building that has been restored in accordance with the City of Lockports downtown development plan but lacks necessary parking, and
WHEREAS, the location of 112 Chestnut Street is at the foot of Washburn Street which is abutted by a vacant warehouse on the west side presently under long term lease by First Niagara Bank and the Brewhouse and Petes collision on the east side of said street, and
WHEREAS, First Niagara Bank and the owner of Petes Collision do not oppose the proposed abandonment of the north end of Washburn Street to facilitate this project, and
WHEREAS, an informational hearing was held by the City of Lockport to allow residents and businesses owners the opportunity to be heard on said proposed abandonment, and
WHEREAS, with the exception of two speakers, the majority of the speakers at said hearing spoke in favor of said abandonment and the overall project.
NOW THEREFORE, BE IT
RESOLVED, that the Common Council hereby finds, in accordance with §C159 of the City Charter, that the best interest of the public will be served by the abandonment of a portion of the property known as Washburn Street from Chestnut Street to Union Street, a dedicated street in the City of Lockport, a true copy of the legal description and map of such premises attached to the original of this resolution and also on file in the office of the City Clerk, and be it further
RESOLVED, that the Mayor of the City of Lockport is authorized and directed, subject to approval of the Corporation Counsel, to execute and deliver a quit claim deed to Niagara Produce Lockport, Inc. for the sum of $1.00 and recording costs subject to a utility (telephone, electric, gas and cable) easement of record and any and all other documents necessary and reasonable to accomplish this abandonment and transfer, and be it further
RESOLVED, that such transfer and abandonment be in the best interests of the health, safety and welfare of the City of Lockport and, accordingly hereby dispenses with public bidding in connection with this abandonment.
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.
060607.6
By Alderman Lombardi:
Resolved, that the following seasonal docking fees at the Nelson C. Goehle Marina are hereby adopted for the 2008 season:
Slip # Slip Size Seasonal Rates
1 8 No Electric/With Water 12 $ 90.00
9 No Electric/With Water 18 $ 135.00
10 20 With Electric/With Water 18 $ 225.00
21 23, 28 With Electric/With Water 30 $ 375.00
24 27 With Electric/With Water 24 $ 300.00
29 32 No Electric/No Water 12 $ 85.00
33 38 No Electric/No Water 18 $ 130.00
39 40 No Electric/No Water 30 $ 215.00
41 42 No Electric/No Water 24 $ 175.00
Pump-out facility $5.00
Seconded by Alderman Kibler and adopted. Ayes 6.
031908.7
By Alderman Lombardi:
Resolved, that pursuant to their request, the Kenan Center is hereby granted permission to erect a banner starting on May 16 through June 2, 2008 across East Avenue at Davison Road at least 17' from the ground to promote their Annual 100 American Craftsmen Festival to be held the weekend of May 30 June 1, 2008. Said permission is subject to the Kenan Center filing a certificate of insurance with the City Clerk naming the City of Lockport as additional insured, and be it further
Resolved, that the Building Maintenance Department is hereby authorized and directed to erect the banner.
Seconded by Alderman Pasceri and adopted. Ayes 6.
031908.8
By Alderman Lombardi:
Resolved, that pursuant to their request, the Erie Canal Fishing Derby is hereby granted permission to erect a banner at least 17' from the ground across Lake Avenue at Olcott Street beginning on June 17 to July 21, 2008 and a second banner on East Avenue at Davison Road beginning on June 17 to June 27, 2008 and again from July 14 July 21, 2008 to promote the Erie Canal Fishing Derby which will be held on July 8th to July 20, 2008. Said permission is subject to the Erie Canal Fishing Derby filing a certificate of insurance with the City Clerk naming the City of Lockport as additional insured, and be it further
Resolved, that the Building Maintenance Department is hereby authorized and directed to erect the banners.
Seconded by Alderman Alexander and adopted. Ayes 6.
031908.9
By Alderman Lombardi:
Resolved, that pursuant to their request, the Lockport in Bloom committee is hereby granted permission to conduct their 4th annual Lockport In Bloom "City Garden Tour 2008" event the weekend of Saturday, July 12 and Sunday, July 13, 2008 from 10:00 a.m. to 4:00 p.m. each day, and be it further
Resolved, that permission is also granted to hang signs advertising the event on the four Historic Lockport entrance signs beginning June 27th to July 14th and to erect 18" X 24" Lockport In Bloom garden signs in Ida Fritz Park, Locust Street Park, Outwater Park Rose Garden and Veterans Memorial Park, and be it further
Resolved, that permission is hereby granted to erect a 2' X 30' vinyl banner across East Avenue at Davison Road at least 17 feet from the ground from June 27th to July 14th, 2008 to promote Lockport in Bloom weekend subject to the Lockport in Bloom committee filing a certificate of insurance with the City Clerk naming the City of Lockport as additional insured, and be it further
Resolved, that the Building Maintenance Department is hereby authorized and directed to erect the banner.
Seconded by Alderman McKenzie and adopted. Ayes 6.
031908.10
By Alderman Lombardi:
AUTHORIZATION TO SETTLE
WORKERS COMPENSATION LITIGATION
WHEREAS, on or about June 1, 1958, the City of Lockport, pursuant to Article 5 of the New York State Worker's Compensation Law, by resolution elected to become a participant in the Niagara County Mutual Self Insurance Plan (herinafter referred to as MUSIP), and
WHEREAS, by resolution dated September 26, 2001, the City passed a resolution to withdraw from the MUSIP effective January 1, 2002, and
WHEREAS, effective January 1, 2002, the City became in all respects responsible for all Worker's Compensation claims which have arisen for the City, and
WHEREAS, the City has duly established a "stand alone" Worker's Compensation Self-Insurance Plan pursuant to Article 4, Section 50 and all other pertinent statutory provisions of the New York State Worker's Compensation Law, and
WHEREAS, the City has been in all respects responsible for all Worker's Compensation claims open on or after January 1, 2002 and will become in all respects responsible, at the time the claims were transferred for (1) any other claims opened on or before January 1, 2002, by the MUSIP on behalf of the City, (2) those claims which are currently inactive but which later become active, and (3) those claims which have been incurred but not reported as of the date of this resolution, and
WHEREAS, the City has hired a licensed third party administrator, to handle all claims and to be fully responsible for handling, processing, and payment of all claims of the City, and
WHEREAS, it is the intention of the County and the City to enter into a settlement Agreement whereby the City shall become in all respects financially liable for any amounts which may become due and owing for (1) any Worker's Compensation claim of the City; (2) any Worker's Compensation claim of the City which are presently open; (3) any Worker's Compensation claim of the City which has been incurred but not reported; and (4) any assessments which are due to the New York State Worker's Compensation Board for indemnity claims which were previously paid by the MUSIP, but for which no demand for payment has been made by the New York State Worker's Compensation Board as of the date of this Agreement, and
WHEREAS, the City is paying total reimbursement to the County for all amounts paid on behalf of the City claims and all administrative expenses in the total amount of $278,220.22. NOW THEREFORE BE IT
RESOLVED, that the Mayor be and is hereby authorized to execute a settlement agreement with the County of Niagara and pay the sum of $278,220.22 in satisfaction of any and all claims the County may have with respect to the same subject to the approval of the Corporation Counsel.
Seconded by Alderman Schrader and adopted. Ayes 6.
031908.10A
By Alderman Lombardi:
Resolved, that permission be granted to the Lockport Shrine Club to park and display a portable sign on a vehicle in Parking Lot #5 on March 28, 29 and 30, 2008 to advertise their French Toast Breakfast fundraiser to be held on March 30, 2008 at the Masonic Temple.
Seconded by Alderman Kibler and adopted. Ayes 6.
031908.10B
By Alderman Lombardi:
NEGATIVE DECLARATION OF WASHBURN STREET ABANDONMENT
Whereas, the Common Council of the City of Lockport has considered the acquisition and construction of a produce market at the 112 Washburn Street which requires the abandonment of a portion of Washburn Street in the City of Lockport, and
Whereas, the Project is an Unlisted Action, and the Common Council is conducting an uncoordinated review of those actions for which it is responsible, pursuant to the State Environmental Quality Review Act (SEQRA); and
Whereas, the Common Council of the City of Lockport has duly considered the Short Environmental Assessment Form, the proposed Project in its entirety, and the criteria for determining significance set forth in 6 N.Y.C.R.R. 617.7 (c) of the SEQRA regulations, and such other information deemed appropriate; and
Whereas, the Common Council has identified the relevant areas of environmental concern, has taken a hard look at these areas, and has made a reasoned elaboration of the basis for its determination, now, therefore, be it
Resolved, by the Common Council of the City of Lockport as follows:
1. The Common Council declares that the proposed acquisition and construction of a produce market at 112 Washburn Street and abandonment of a portion of Washburn Street will not result in any large and important impacts, and therefore, the approval of the Project does not include the potential for any significant adverse environmental impacts. Accordingly, the Common Council issued the attached negative declaration under SEQRA for the Project.
2. The reasons for the decision are stated in the attached negative declaration.
3. This resolution shall be effective immediately.
Seconded by Alderman Pasceri and adopted. Ayes 6.
031908.10C
By Alderman Lombardi:
NEGATIVE DECLARATION FOR MICHICAN STREET ABANDONMENT
Whereas, the Common Council of the City of Lockport has considered the expansion project of Candlelight Cabinetry which requires the abandonment of a portion of Michigan Street in the City of Lockport, and
Whereas, the Project is an Unlisted Action, and the Common Council is conducting an uncoordinated review of those actions for which it is responsible, pursuant to the State Environmental Quality Review Act (SEQRA); and
Whereas, the Common Council of the City of Lockport has duly considered the Short Environmental Assessment Form, the proposed Project in its entirety, and the criteria for determining significance set forth in 6 N.Y.C.R.R. 617.7 (c) of the SEQRA regulations, and such other information deemed appropriate; and
Whereas, the Common Council has identified the relevant areas of environmental concern, has taken a hard look at these areas, and has made a reasoned elaboration of the basis for its determination, now, therefore, be it
Resolved, by the Common Council of the City of Lockport as follows:
1. The Common Council declares that the proposed expansion project of Candlelight Cabinetry and the abandonment of a portion of Michigan Street will not result in any large and important impacts, and therefore, the approval of the Project does not include the potential for any significant adverse environmental impacts. Accordingly, the Common Council issued the attached negative declaration under SEQRA for the Project.
2. The reasons for the decision are stated in the attached negative declaration.
3. This resolution shall be effective immediately.
Seconded by Alderman Alexander and adopted. Ayes 6.
031908.10D Withdrawn (Municipal Cooperation Agreement re: Summit/Lincoln Study)
031908.10E
By Alderman Lombardi:
Whereas, the Common Council on May 17, 2006 authorized and directed the Mayor to submit to the New York State Department of State a certain grant application for financial assistance under the Local Waterfront Revitalization Program Environmental Protection Fund to install a Canal Performance Pavilion in Pocket Park on Canal Street, and
Whereas, the Mayor has been notified by the Department of State that said application has been approved for funding in the amount of $105,000.00 and has been forwarded a Grant Agreement for execution, now, therefore, be it
Resolved, that such Grant and Grant Agreement are hereby accepted, and be it further
Resolved, that the Mayor be and he hereby is authorized and directed to execute and deliver said Grant Agreement to the Department of State, and to take all acts and execute and deliver any and all documents.
Seconded by Alderman Schrader and adopted. Ayes 6.
Conclusion of agenda.
031908.11 ADJOURNMENT
At 8:03 P.M. Alderman Lombardi moved the Common Council be adjourned until 7:00 P.M., Wednesday, April 2, 2008.
Seconded by Alderman Kibler and adopted. Ayes 6.
RICHARD P. MULLANEY
City Clerk
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