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Town Board
Town Board Minutes - May 5, 2008
By Nancy A. Brooks, RMC/CMC Town Clerk
Jun 5, 2008, 13:29

May 5, 2008

A regularly scheduled work session of the Lockport Town Board was conducted at 1:00 p.m. on Monday, May 5, 2008, at the Town Hall, 6560 Dysinger Road, Lockport, New York.

Present were: Supervisor: Marc R. Smith
Town Council members: Cheryl A. Antkowiak
Paul H. Pettit
Mark C. Crocker
Paul Siejak
Also present: Nancy A. Brooks, Town Clerk, Daniel E. Seaman, Town Attorney and Robert Klavoon of Wendel-Duchscherer.

The meeting was opened for the following discussion andlor action:

1. Town Priorities

Transit Road Focus Group — The marketing materials are at the printers and the new web site updates have been reviewed and a few minor changes will be made. Supervisor Smith stated he is concentrating on setting up appointments with developers during the conference. At this time, he already has two meetings scheduled.

Town Drainage - Councilman Crocker had nothing new to report. The Highway Dept. is currently busy with street work and Lewis Hagen, the Highway Superintendent will notify Councilman Crocker when drainage work will begin.

Infiltration & Inflow Report — Councilman Pettit stated that Ken Banker of the Sewer & Water Depts. has ordered some of the sewer manhole dish covers and they will be placed in problem areas around the Town. Due to water breaks, Mr. Banker was unable to meet with an out-of-state vendor that Councilman Pettit had arranged for a demonstration. Additionally, Councilman Pettit wants the specifications for changing the Town Code relative to the installation of sewer vents. Mr. Klavoon announced that he had in the mean time, attended a seminar that dealt with the process of slip-line repair of sewer and water lines (repairs for A- clamp failure). He was very impressed with the total process and believes this may be a possible solution to the Town’s current problems with inflow, and the total cost of a slip-line repair package is only $250-$350. The repair process is something that could be performed by Town personnel or contracted out at a very reasonable cost. Mr. Klavoon will arrange for an indoor demonstration of the kit as well as an on site repair to one of the sewer vents known to be a source of inflow into the sanitary sewer line.

Water & Sewer District Merger - Nothing to report at this time, as the Town Attorney has been very involved with litigation issues. Once the litigation issue has been resolved, Mr. Seaman will commence with the necessary paperwork for this process to begin.

Day Road Park Improvements — Councilwoman Antkowiak stated she had met with Tom Sullivan to discuss the placement of tables at the park. Two portable toilets have already been placed at the park. Supervisor Smith added that he

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PAGE 2 - Continuation of minutes of Town of Lockport Work session conducted on 5/5/08.


had obtained four (4) quotations for a non-freezing drinking fountain to be installed at the park. After reviewing the quotations received, it was determined that the fountain made of concrete and stone would be the most appropriate. The lowest quote for this was in the amount of $2509.00.

MOTION: to purchase a concrete/stone drinking fountain from ERB Supply, the low bidder, in an amount of $2509.00, was made by Council member Antkowiak, seconded by Council member Crocker. The motion was CARRIED: AYES-5, NAYS-0. Voting AYE: Antkowiak, Pettit, Crocker, Siejak and Smith.

2. Town Clerk

Firstly, Supervisor Smith congratulated Nancy Brooks on having been the recipient of the New York State Town Clerk Association’s “Clerk of the Year” designation, which she received at the Annual Conference in Saratoga Springs in April.

The Town Clerk then reported that her office was now handling the sale of “extra” refuse pickup tags and that the tags were being sold out in a very quick fashion. She inquired whether the Town Board desired to place a limit on the number of tags purchased at one single time. No limit will be set and she will order and maintain an appropriate supply of tags.

3. Attorney - No report.

4. Engineer

East High Street Pump Station — Mr. Klavoon stated that the contractor will be on site within the next two weeks to complete the final restoration of the area. Pump Station Rehab — Ph 4. — The plans have been submitted to the Niagara County Health Dept. for review and comment. Upon receiving their comments, the Town will be prepared to seek bids for the project.

Donner Creek - Mr. Klavoon handed out a revised report to the Town Board members, detailing three alternative plans for remediation of the creek, which will be sent to the NYSDEC for permit approval. Mr. Klavoon stated that this report has been based on previous attempts by the Town to address the flooding and apply for NYSDEC permits in 2003, 2005 and again in 2007. The Town did however, meet with the DEC and it was agreed that the Town would complete a survey study of the creek bed, which was completed in July 2007. The report was prepared based on the 1976 data as well as the current data obtained from the 2007 survey and three alternatives plans of action were developed, all three based on a 10-year storm scenario. Summarily, the three alternatives include: 1) for the Town to do no remedial work, which will allow for silt and debris to continue to mount in the creek bed 2) prevent the flooding from worsening which includes some snagging of the creek bed along with some culvert and retention pond modifications and 3) to perform remediation to prevent all flooding, based on a 10-year storm, which includes all provisions of items 1& 2 above and includes more extensive channel modifications along the length of the creek from the City of Lockport to the Town of Pendleton as well as the creation of a new retention pond along Locust Street. The cost estimate for Alternative #2 is approximately $335,000 —365,000. The estimated cost of Alternative #3 is approximately $1.2 — 1.3 million dollars. After reviewing the alternatives and their associated costs, it was the recommendation of Wendel-Duchscherer, that the Town pursue Alternative #2. Mr. Klavoon also informed the Board that the estimated cost figures did not include the cost for legal fees, easements,

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PAGE 3 - Continuation of minutes of Town of Lockport Work session conducted on 05/07/08.

and any necessary land acquisitions. These estimated costs were for engineering costs only. Councilman Siejak inquired whether DEC Permits would be required for
Alternative #2. Mr. Klavoon stated that permits would be needed for Alternative #2 -item #4, only.
Supervisor Smith requested the Town Board to read the report and to decide whether a special work session should be called for discussion of the matter. Mr. Klavoon offered any desired explanation or clarification of the plan during the Town Board’s review, should they request it.

5. Town Board Comments

Paul Siejak — Mr. Siejak reported on the recent water leak on Gothic Ledge. He stated that this chronic issue may have finally been resolved. The Erie County Water Authority was consulted and with their help, it was determined that there was multiple sources of the leaks in the area. Now that the leaks can be corrected, the Town Highway Dept. will be called in to determine whether the road has been compromised. Councilman Siejak stated he felt the Town was in need of developing a Water Leak Management Plan and to be pro-active in this matter rather than re-active in efforts to save a resource and to reduce loss revenues. Supervisor Smith added that he had been in contact with the Supervisor in the Town of Pendleton. Pendleton had recently hired NY Leak Detection, Inc of Jamesville, New York, to do a 57-mile leak detection of their water lines at a cost of $6900.00. Pendleton found this to be highly successful and very cost effective. Supervisor Smith stated he plans to contact this company to obtain a quote for a similar project in the Town of Lockport.

6. Supervisor Comments

Change of Town Board Meeting Date - Supervisor Smith stated that there was a need to re-schedule the June 30, 2008 Town Board work session.

MOTION: to re-schedule the Town Board work session scheduled for 1:00 p.m. on Monday, June 30, 2008 to 1:00 p.m. on Tuesday, July 1, 2008 was made by Council member Siejak, seconded by Council member Antkowiak. The motion was CARRIED: AYES-5, NAYS-0. Voting AYE: Antkowiak, Pettit, Crocker, Siejak and Smith.

Plasma Generator — Supervisor Smith stated he has been researching the idea of plasma generators (plants which generate energy from waste) as was mentioned in a presentation previously made by students at Lockport High School. He stated that there is a generator being constructed on Port St. Lucie, Florida and that one exists in Connecticut. He has talked with Lewis Stahley, the Exec. Director of the Town IDA. regarding the matter. He, Mr. Stahley and the Town Attorney, Mr. Seaman, plan to make a trip to visit the Connecticut plant. Plasa generators yield great amounts of heat, steam and hydrogen, all of which can be utilized to reduce energy costs for residents and can be used by industry. Electricity is used to initially start the creation of a plasma base in these generators, which then perpetuates the creation of heat, steam and hydrogen. A June 1 9th trip is planned and Councilman Pettit voiced interest in making the trip as well.

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PAGE 4 - Continuation of minutes of Town of Lockport Work session conducted on 05/05/08.

Lighting at Town Hall — Supervisor Smith announced that he has investigated the cost efficiency of replacing the lighting fixtures at the Town Hall. He estimates that changing over to low-energy fixtures, the Town could realize a $3600.00/year savings over a 5-year program. He stated the estimated cost would be $19,845.00. (the Town would be required to seek bids) and that the Town might qualify for grant funding for such a program.
Landscaping for the Town Hall Complex — As was previously determined, the Town Council desired to have a multy-year contract awarded for the landscaping of the Town Hall, Annex, Court Building, 6200 Robinson Road and the two school houses. Supervisor Smith stated he had sent out Requests for Proposals to several area landscaping firms and the low bid of $4565.00. was received from Logan Landscaping of Olcott, NY.

MOTION: to accept the RFP from Logan Landscaping of Olcott, NY for the landscaping of the Town Hall, Annex, Town Court, 6200 Robinson Road and the two school houses, in an amount not to exceed $4565.00, was made by Council member Siejak, seconded by Council member Pettit. The motion was CARRIED: AYES-5, NAYS-0. Voting AYE: Antkowiak, Pettit, Crocker, Siejak and Smith.

Auth.to prepare RFP Specifications and to seek Bids on Final Grading of Day Road Park

MOTION: made by Council member Antkowiak, seconded by Council member Siejak, to authorize the Town Engineer and Town Attorney to prepare specifications and to obtain Requests for Proposals on the final grading, topsoil, and seeding of the soccer fields at the Day Road Park, to complete the Town’s portion of the NYS Parks and Recreation Grant. The motion was CARRIED:
AYES-5, NAYS-0. Voting AYE: Antkowiak, Pettit, Crocker, Siejak and Smith.

Roof Repairs at Lower Mountain School House — Supervisor Smith stated he had received a request from the Town Historical Society for aid in the replacement of the roof on the school house. The Society has some funds which they will put towards this project but will require additional funding to complete the project. The Historical Society sought proposals for the roof replacement and received a low bid of $7050.00 (for tearing off the old and replacing with new shingles).

MOTION: to authorize the Town to pay 50% of the roof replacement cost ($3525.00) at the Lower Mountain School house (providing the project is completed with 50-year shingles), was made by Council member Crocker, seconded by Council member Siejak. The motion was CARRIED: AYES-5, NAYS-0. Voting AYE: Antkowiak, Pettit, Crocker, Siejak and Smith.

Court Grant Award — Supervisor Smith reminded Town Board members that Judge Sara Sheldon Sperrazza was scheduled to make a presentation of the grant money received for security improvements at the Town Court facility, at the
May 7, 2008 Town Board meeting.

Executive Session Entered

MOTION: to enter Executive Session for the purpose of consulting with the Town Attorney, to discuss security issues and personnel issues was made by Council member Siejak, seconded by Council member Pettit. The motion was CARRIED: AYES-5, NAYS-0. Voting AYE: Antkowiak, Pettit, Crocker, Siejak and Smith.

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PAGE 5 - Continuation of minutes of Town of Lockport Work session conducted on 05/05/08.

The Town Board entered Executive Session at 2:00 p.m. Executive Session Ended and Work Session Reconvened

MOTION: to exit Executive Session and to reconvene the work session was made by Council member Pettit, seconded by Council member Siejak. The motion was CARRIED: AYES-5, NAYS-0. Voting AYE: Antkowiak, Pettit, Crocker, Siejak and Smith.

The Executive Session ended and the work session reconvened at 2:47 p.m. with no Town Board action taken during Executive Session.

Appointment of Town Assessor

Having acknowledged the retirement of Kevin Van Dusen, Town Assessor, which was effective May 15, 2008, and commending him on his distinguished service to the Town of Lockport, the following action was taken.

MOTION: to appoint John Shoemaker as Town Assessor, effective May 15, 2008, to serve the unexpired term of Kevin Van Dusen, at a annual salary of $46,000.00, was made by Council member Pettit, seconded by Council member Crocker. The motion was CARRIED: AYES-5, NAYS-0. Voting AYE: Antkowiak, Pettit, Crocker, Siejak and Smith.
Appointment of Real Property Technician

MOTION: to appoint Jill Lederhouse as a Real Property Technician, at an hourly rate of $15.00, effective May 15, 2008, was made by Council member Pettit, seconded by Council member Siejak. The motion was CARRIED: AYES-5, NAYS-0. Voting AYE: Antkowiak, Pettit, Crocker, Siejak and Smith.

Town Grant Accepted for Court Security Improvements

MOTION: to accept a grant in the amount of $8859.50, for Town Court security improvements was made by Council member Pettit, seconded by Council member Crocker. The motion was CARRIED: AYES-5, NAYS-0. Voting AYE:
Antkowiak, Pettit, Crocker, Siejak and Smith.

Adiournment

A motion to adjourn was made by Councilman Siejak, seconded by Councilman Pettit. The work session ended at 2:50 p.m.

The Lockport Town Board will next meet at 7:30 p.m. on Wednesday, May 7, 2008.

Respectfully submitted,
Nancy A. Brooks, RMC, CMC
Lockport Town Clerk





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