Common Council
City of Lockport Common Council Minutes May 7, 2008
By Richard P. Mullaney
May 13, 2008, 09:00
CITY OF LOCKPORT
CORPORATION PROCEEDINGS
Lockport Municipal Building
Regular Meeting
Official Record
May 7, 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, Schrader, and Lombardi.
Absent: Alderman McKenzie.
RECESS
Recess for public input.
050708.1 APPROVAL OF MINUTES
On motion of Alderman Lombardi, seconded by Alderman Kibler, the minutes of the Regular Meeting of April 16, 2008 are hereby approved as printed in the Journal of Proceedings. Ayes 5. Carried.
PUBLIC HEARING
The Mayor announced a public hearing on a proposed local law for the Registration of Rental Housing Units.
The Mayor asked the City Clerk if any petitions or communications relative to said local law have been received.
Recess for public input.
The Mayor closed the public hearing.
FROM THE MAYOR
4/22/08 Mark J. Haenle, 337 Gooding Street, Lockport, NY – appointed as Laborer effective April 14, 2008. Said appointment is permanent and subject to New York State Civil Service Rules and Regulations. Received and filed.
4/22/08 Anthony J. Nemi, 67 S. New York Street, Lockport, NY – appointed as Assistant Director of Youth and Recreation effective April 22, 2008. Said appointment is permanent and subject to New York State Civil Service Rules and Regulations. Received and filed.
4/22/08 Russell J. Sprung, 133 Beattie Avenue, Lockport, NY – appointed as Motor Equipment Operator effective Apil 21, 2008. Said appointment is permanent and subject to New York State Civil Service Rules and Regulations. Received and filed.
4/22/08 Michael E. Tucker, 32 Beattie Avenue, Lockport, NY – appointed as Municipal Worker effective April 21, 2008. Said appointment is permanent and subject to New York State Civil Service Rules and Regulations. Received and filed.
4/24/08 David P. Smith, 49 Regent Street, Lockport, NY – appointed as a member of the Lockport Housing Authority for a five year term which terminates on April 26, 2013. Referred to New York State Division of Housing and Community Renewal.
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)
4/21/08 Patrick M. Burke, Director of Physical Education and Athletics, Lockport City School District - request permission to use the baseball field at Outwater Park for the 2008 Lockport High School varsity baseball games and practice. Referred to the Committee of the Whole.
4/21/08 Lee Kyriacou, State Board of Real Property Services, 16 Sheridan Avenue, Albany, NY – Certificate of Final Railroad Ceiling for the railroad real property of the following railroad companies:
CSX Transportation, Inc. $331,441
Somerset Railroad Corporation $2,663,035
Grand Total $2,994,476
Referred to the City Assessor.
4/25/08 Melissa L. Dunlap, Executive Director, Niagara County Historical Society, Inc., 215 Niagara Street, Lockport, NY – request to close the eastbound traffic from Prospect Street to Bristol Avenue for diagonal parking on the north side of Niagara Street on June 7, 2008 from 8:30 a.m. to 4:00 p.m. for their 25th Annual Strawberry Social. Referred to the Committee of the Whole.
Notice of Defect:
4/16/08 82 Irving Street, Lockport, NY - tree
Referred to the Highways & Parks Department.
Notice of Claim:
4/14/08 Christopher M. Bower, Erie County Home, Alden, NY
4/28/08 Franklin W. Rose, Jr., 6557 Lincoln Place, Lockport, NY
Referred to the Corporation Counsel.
MOTIONS & RESOLUTIONS
050708.2
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 May 9, 2008.
Seconded by Alderman Alexander and adopted. Ayes 5.
050708.3
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 Pasceri and adopted. Ayes 5.
050708.4
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:
Employee Years of Service Title
Joseph P. Granchelli 25 Public Works Mechanic
Anthony J. Nemi 20 Assistant Director of Youth & Recreation
James M. Nunnari 20 WWTP Operator
Douglas E. Sibolski 20 WWTP Operator
Michael L. Walker 20 WWTP Operator
Ronald B. Dernbach 5 WWTP Operator
Dennis McNamara 5 Water Treatment Plant Operator
Seconded by Alderman Schrader and adopted. Ayes 5.
050708.5 WITHDRAWN (Project for Pavement and Intersection Reconstruction in the Lincoln Avenue and Summit Street Corridor)
050708.6
By Alderman Lombardi:
Resolved, that effective immediately, Rule #24 of the Rules and Orders of the Common Council as adopted on January 4, 2008 be and the same are hereby amended to read as follows:
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 6:00 P.M., and if a quorum shall not be present at 6:30 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 5:00 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.
Seconded by Alderman Alexander and adopted. Ayes 5.
050708.7
By Alderman Lombardi:
Resolved, that the Mayor and Common Council do hereby extend condolences to the family of Whitney Taylor, a former Alderman for the City of Lockport who recently passed away.
Seconded by Alderman Schrader and adopted. Ayes 5.
By Alderman Pasceri:
Resolved, that the reading of the foregoing resolution be and the same is hereby waived.
Seconded by Alderman Kibler and adopted. Ayes 5.
050708.8
By Alderman Lombardi:
RESOLUTION TO ADOPT THE REGISTRATION
OF RENTAL HOUSING UNITS LOCAL LAW
WHEREAS, the price of real property in the City of Lockport remains below the national average and is therefore an attractive investment, and
WHEREAS, the City of Lockport has experienced an increase in the acquisition of rental housing units by owners who reside or have a principal place of business either outside Niagara County or an adjoining county, and
WHEREAS, some owners do not reside within Niagara County or an adjoining county and do not have a respective property manager, agents or other person responsible for the maintenance of the leased premises, and
WHEREAS, as a result, the Department of Building Inspection and Department of Law have been unable to invoke the powers of the New York Courts to protect the health, safety and welfare of its citizens due to their inability to identify and effectuate service in accordance with the New York State Criminal Procedure Law and New York State Civil Practice Law.
NOW, THEREFORE, BE IT
RESOLVED, that pursuant to Municipal Home Rule Law the City of Lockport hereby adopts the following local law to protect the health, safety and welfare of its citizens:
City of Lockport
Local Law No. 2 of the year 2008
A LOCAL LAW RELATIVE TO Registration of Rental Housing Units.
BE IT ENACTED by the Common Council of the City of Lockport, New York, as follows:
REGISTRATION OF RENTAL HOUSING UNITS
A. Purpose. The purpose of this code is to establish rules, regulations and enforcement procedures for the identification of owners as defined below of rental housing units and to provide a means to effectuate service of legal process upon such owners or authorized agents of rental housing units located in the City of Lockport. This code section is intended to preserve the City’s existing housing stock and to protect the health, safety and welfare of the general public.
B. Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter:
(1) Whenever the words “dwelling” and “dwelling unit,” “rooming house,” “rooming unit,” “premises” and “structure” are used in this chapter, they shall be construed as though they were followed by the words “or any part hereof.”
(2) Whenever the phrase “any provision of this chapter” is used in this chapter, it shall be construed as though it were followed by the words, “or any rule or regulation adopted pursuant thereof.
(3) Whenever the words “Code Enforcement Officer, Director of Code Enforcement and/or Code Enforcement Inspector” are used, it shall be construed to mean or be equivalent to the “Chief Building Inspector of the City of Lockport.”
(4) Dwelling unit shall mean any building, except for temporary housing, which is used or intended to be used for living or sleeping by human occupants.
(5) Multiple Dwelling shall mean any dwelling containing two or more dwelling units.
(6) Occupant shall mean any person over one year of age living, sleeping, cooking or eating in or having actual possession of a dwelling unit or rooming unit, unless otherwise provided.
(7) Operator shall mean any person who has charge, care or control of a building, or a part thereof, in which units are let.
(8) Owner shall mean any person who, alone or jointly or with others (i) shall have legal title (including through a land contract) to any rental unit or multiple dwelling, with or without accompanying possession thereof, or (ii) shall have charge, care or control of any rental unit or multiple dwelling as either owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner. Any person thus representing the actual owner according to the definition provided shall be bound to comply with the provisions of this chapter to the same extent were he or she the owner.
(9) Person shall mean any party, land contractee, individual, firm, corporation, limited liability company, association, partnership or any other similar entity.
(10) Rental Unit shall mean any residential dwelling, dwelling unit, rooming house or rooming unit not solely occupied by the owner.
(11) The term “residence” shall be deemed to mean that place where a person maintains a fixed, permanent and principal home and to which he, wherever temporarily located, always intends to return. Any two of the following may be considered by the Department of Building Inspection as proof of residency: A valid New York State drivers license, New York State voter registration card, utility bills, 911 service listing; New York State income tax return, social security statement, and/or automobile registration.
C. Registration of Rental Units
Owners and lessors, or their respective agents, of rental housing units or multiple dwellings who do not reside or maintain a principal place of business within Niagara County, New York or an adjoining county of Niagara County, New York shall, within two (2) months after the effective date of this provision or within 30 days from the date of mailing forms by the Code Enforcement Officer, whichever occurs first, register with the Department of Building Inspection each rental housing unit or multiple dwelling they own or operate in the City of Lockport. The following information shall be provided:
(1) The names and addresses of the owner and/or lessor, and of their respective property manager, agents or other person responsible for the maintenance of the leased premises. The address shall not be a post office address.
(2) The name, address and phone number(s) of a property manager or other person responsible for the maintenance of the leased premises located within Niagara County, New York or a contiguous county in the State of New York who can be reached 24 hours per day seven days a week and upon whom violation orders may be served within the County of Niagara, State of New York or a contiguous county in the State of New York.
(3) Such other appropriate information as may be requested, including, but not limited to, number of units, number and type of rooms, number of stories, type of heating system and location of such, sprinkler system and fire alarm controls etc.
It shall be the responsibility of the property owner to maintain all information provided to the Code Enforcement Office pursuant to this section, and such owners must inform the Code Enforcement Office of any change in the information provided within 10 days of the change. Failure to maintain the information provided to the Code Enforcement Office pursuant to this section shall subject the owner to the penalties provided for in Subsection D of this section.
D. Penalty. A failure to register any rental unit or multiple dwelling required to be registered under this section shall be a violation, and any person or entity convicted of such violation shall be punished as follows:
(1) Upon the first conviction, a fine of not less than $250, but not exceeding $500; and
(2) Upon a second such conviction within a twelve-month period, a fine of not less than $500, but not exceeding $2,500.
(3) Failure to register and/or pay a fine within 30 calendar days of the court order imposing the fine shall thereupon become and be a charge and lien upon the real property of the rental housing unit and shall be collected the same as other taxes upon the rental housing unit.
E. Public Database. The Code Enforcement Office shall maintain, for public review, a database of rental units or multiple dwellings registered pursuant to this section. That database shall list the name of the owner or lessor and the owner’s addresses. It shall also include the name, local address and phone number of the property manager, agent or person otherwise responsible for the maintenance of the building. It shall also state whether there is a currently valid certificate of registration on file for each building.
F. Proof of Registration. A Certificate of Registration may be issued for any rental
housing unit, regardless of whether it is required to be registered by Subsection C of this section, pursuant to the request of owners, lessors or lessees. A certificate of registration shall be issued and shall remain in effect for two years or until change of ownership, whichever occurs first.
G. Fees. A fee as set forth from time to time by Common Council resolution for each new issuance and or renewal will be charged.
H. Severability. Each and every clause, sentence, paragraph and section in this Law is separately written in the event that any such provision should be decided by a court of competent jurisdiction to be unconstitutional or invalid, such a decision does not effect the validity of this Law as a whole or any part thereof other than the part declared to be unconstitutional or invalid.
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 Pasceri VOTING Y
Alderman Schrader VOTING Y
The local law was thereupon declared duly adopted.
050708.9
By Alderman Lombardi:
Whereas, the Common Council awarded by resolution #020608.12, a bid to Cambria Contracting, Inc. for removal and disposal of contaminated soil at 1 Bristol Avenue, and
Whereas, additional excavation and backfill are required plus removal and disposal of buried fuel tanks not known to exist, at a cost of $6,715.95, which falls within the previously authorized contingency amount, now, therefore, be it
Resolved, that the Mayor be and the same is hereby authorized to execute an amendment to the original contract with Cambria Contracting, Inc. to complete the additional work items.
Seconded by Alderman Kibler and adopted. Ayes 5.
By Alderman Kibler:
Resolved, that the reading of the foregoing resolution be and the same is hereby waived.
Seconded by Alderman Pasceri and adopted. Ayes 5.
050708.10
By Alderman Lombardi:
Resolved, that the Farmers’ Market is hereby established for the 2008 season and the following rules and regulations are hereby adopted:
CITY OF LOCKPORT FARMERS MARKET
RULES AND REGULATIONS
1. Location/Dates/Hours
The 2008 Farmers Market season will be from April 1, 2008 through November 30, 2008 in the South Lot on Walnut Street, west of Pine Street (City parking lot #5), from 9:00 a.m. to 9:00 p.m. daily.
2. Fees
Farmers shall obtain a Farmer’s Market permit at a cost of $35.00 for the season. Upon approval of application and crop plan by the Market Manager, the City Clerk shall issue a permit and collect fees.
3. Number of Spaces Occupied by Individual
The sale of spaces shall be limited to two per individual/family with the provision that individuals/families be prohibited from occupying more than two spaces. Sub-letting or loaning of a market space is prohibited.
4. Produce/Merchandise Offered for Sale
Permits shall be issued for the sale of edible items, horticultural products, and homemade baked goods. Alcoholic beverages or products containing alcohol are strictly forbidden.
Selling of produce and/or merchandise will only be conducted during market hours.
5. Eligibility of Farmers
A. Farmers must be bona fide New York State farmers who individually grow and harvest fresh fruits and vegetables and market them directly to consumers.
B. Farmers participating in the market must grow 50% or more of the fruits and vegetables they offer for sale on any market day.
C. Farmers must be willing to participate in the Farmers Market Nutrition Program.
D. Participating farmers must be bona fide producers of fresh fruit and vegetables and must submit a crop plan (on required form) listing items to be grown for sale at the market, acreage or row feet of production, and months of availability.
E. Farmers must be able to supply a sufficient volume and variety of high quality, locally grown fresh fruits and vegetables to meet the needs of WIC participants in the community.
6. Compliance with Laws/Display of Permits/Parking Lot Clean-up
Vendors/farmers are responsible for complying with state and local laws and regulations regarding the sale of fresh and processed food and agricultural products, including sanitary packaging, labeling, weights and measures, and sales tax regulations. Vendors/farmers also must display, at all times, their NYS Tax ID number for taxable items and Health Department Permits for foods requiring same and the City of Lockport Market Permit.
Each vendor/farmer is responsible each day for the clean up of their space.
There shall be no overnight storage of vehicles or products.
7. Display of Products
Products will be displayed in a way that will only encompass the participant’s space and will not endanger the public or obstruct the area where customers will walk. Farmers may, at their own expense, erect a removable shelter.
8. Conduct of Participants/Revocation of Permit
All vendors/farmers are expected to conduct themselves in an orderly manner. Any conflicts, including harassment, name-calling, profane language, or fighting will result in revocation of the Farmer’s Market Permit.
9. Advertising Prohibited
No spaces may be used for the promotion of political candidates or for the sole purpose of distribution of literature or to solicit signatures or addresses for home appointments of any kind.
10. Market Manager
The designated market manager is the City Clerk.
11. Permit Application/Crop Plan
Each vendor/farmer agrees to abide by these Rules and Regulations and complete the application and crop plan on required forms available at the Clerk's Office.
12. Breach of Regulations
Any breach of these regulations may result in dismissal from the market.
The City Clerk, subject to Corporation Counsel approval, is authorized to execute an agreement with the New York State Department of Agriculture & Markets to administer the Farmers' Market Nutrition Program.
The City Clerk is authorized and directed to develop any necessary guidelines he feels appropriate.
and, be it further
Resolved, that the Highways & Parks Department is hereby authorized and directed to install signage denoting the Farmers’ Market.
Seconded by Alderman Alexander and adopted. Ayes 5.
050708.11
By Alderman Kibler:
Resolved, that pursuant to their request, the Lockport City School District is hereby granted permission to use the baseball field at Outwater Park for the 2008 Lockport High School varsity baseball games and practice subject to approval of the schedule by the Highways & Parks Department and the School District filing a certificate of insurance with the City Clerk naming the City of Lockport as additional insured.
Seconded by Alderman Pasceri and adopted. Ayes 5.
050708.12
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 an application for a $105,000 grant to install a Canal Performance Pavilion in the Canal Street Packet Park, and
Whereas, the Mayor has been notified that said grant application has been approved, and
Whereas, the Grant Agreement requires the assistance of a licensed professional engineer to design and oversee the construction of this project, now, therefore be it
Resolved, that the Mayor be and he hereby is authorized to enter into a contract with Bero Architecture, pc for professional engineering services in an amount not to exceed $3,200 with cost of same to be charged to 01-6989-0479.
Seconded by Alderman Schrader and adopted. Ayes 5.
050708.13 WITHDRAWN (Approval of Municipal Cooperation Agreement between
Niagara County and the City of Lockport re: Summit Street and Lincoln Avenue study)
050708.14
By Alderman Lombardi:
Resolved, that pursuant to their request, the Niagara County Historical Society is hereby granted permission to close Niagara Street to eastbound traffic from Prospect Street to Bristol Avenue for diagonal parking along the north side of Niagara Street on Saturday, June 7, 2008, from 8:30 a.m. to 4:00 p.m. during their 25th Annual Strawberry Social, and be it further
Resolved, that the Department of Highways & Parks is hereby authorized and directed to deliver "street closed" signs, barricades, and traffic cones to said area prior to the event.
Seconded by Alderman Alexander and adopted. Ayes 5.
050708.15
By Alderman Schrader:
Whereas, the Common Council by resolution # 091907.5, authorized the transfer of $5,000.00 in the 2007 budget from Account # 01 1900 1990 to 01 3620.0479 for the payment of professional services to Wendel Duchscherer for work performed in conjunction with their August 13, 2007 proposal relating to the rezoning of Transit Road, and
Whereas, at the completion of fiscal year 2007, payment in the amount of $3,487.00 remained unpaid for the above mentioned professional services, and
Whereas, with the commencement of the 2008 fiscal year the balance of funds owed Wendel Duchsherer did not carry over from the 2007 fiscal year budget to the 2008 fiscal year budget, now, therefore, be it
Resolved, that the City Treasurer be and the same is hereby authorized and directed to transfer $3,487.00 from Account # 01 1900 1990 to Account # 01 3620. 479 for payment of outstanding funds due to Wendel Duchsherer.
Seconded by Alderman Pasceri and adopted. Ayes 5.
050708.15A
By Alderman Lombardi:
CANAL CONCERT SECURITY FENCING
WHEREAS, the City of Lockport entered into an agreement with Canal Concert Series, Inc. and Ulrich City Centre, LLC to provide a series of outdoor concerts in the Ulrich City Centre Square this summer, and
WHEREAS, the concert is anticipated to draw several thousand customers, and
WHEREAS, the Canal Concert Series, Inc. is required to provide not less than fifteen (15) security staff for each scheduled event and police what attendees may bring into the concert and
WHEREAS, the City agreed to provide four (4) uniformed officers to man each ticket tent and five (5) Uniformed auxiliary persons to patrol the event during each concert and
WHEREAS, Ulrich City Centre, LLC has requested permission from the City to install security fencing within the City Right of Way in front of 62 and 66 Main Street consisting of approximately 61.30 feet in length to secure the area from unauthorized entry into the event/
NOW THEREFORE, BE IT
RESOLVED, that Ulrich City Centre, LLC be and is hereby authorized to install security fencing at its own expense within the City Right of Way in front of 62 and 66 Main Street consisting of approximately 61.30 feet in length.
Seconded by Alderman Schrader and adopted. Ayes 5.
050708.15B
By Alderman Schrader:
Resolved, that the Director of Engineering, pursuant to General Municipal Law §103, paragraph 4, is hereby authorized and directed to effect the replacement of two influent valves at the Water Filtration Plant required to maintain water operations. Cost of same is not to exceed $22,301.00 and to be charged to account #002-8330-0200.
Seconded by Alderman Kibler and adopted. Ayes 5.
050708.15C
By Alderman Lombardi:
Resolved, that the Mayor and Common Council do hereby extend condolences to the family of Steve Niziol, a City of Lockport employee who recently passed away.
Seconded by Alderman Kibler and adopted. Ayes 5.
Conclusion of agenda.
050708.16 ADJOURNMENT
At 7:22 P.M. Alderman Lombardi moved the Common Council be adjourned until 6:00 P.M., Wednesday, May 21, 2008.
Seconded by Alderman Schrader and adopted. Ayes 5.
RICHARD P. MULLANEY
City Clerk
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