Common Council
City of Lockport Common Council Minutes May 21, 2008
By Richard P. Mullaney
Jun 19, 2008, 10:30

CITY OF LOCKPORT
CORPORATION PROCEEDINGS

Lockport Municipal Building

Regular Meeting
Official Record
May 21, 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, Schrader, and Lombardi.
Absent: Alderman McKenzie.

RECESS

Recess for public input.

052108.1 APPROVAL OF MINUTES

On motion of Alderman Lombardi, seconded by Alderman Schrader, the minutes of the Regular Meeting of May 7, 2008 are hereby approved as printed in the Journal of Proceedings. Ayes 5. Carried.

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)

5/6/08 Samuel M. Ferraro, Commissioner and Amy E. Fisk, Senior Planner, Niagara County Department of Economic Development, 6311 Inducon Corporate Drive, Sanborn, NY – notification of New York State Department of State joint training session for Local Officials sponsored by Niagara County Department of Economic Development and Orleans County Planning Board to be held on Wednesday, June 18, 2008 at Niagara County Community College, Sanborn, NY as follows:

4:30 p.m. – 6:00 p.m. – Revising Zoning
6:15 p.m. – 7:30 p.m. – Locally Unwanted Land Uses
7:45 p.m. – 9:00 p.m. – Smart Growth Tools and Strategies

Referred to the Committee of the Whole.

5/7/08 Stephanie Moulton, The Pickle Jar Project, c/o Youth Department, Diocese of Buffalo, 795 Main Street, Buffalo – request permission to hold a Walk-a-thon, 2-mile benefit walk, on July 26, 2008 at Widewaters Park to raise funds to finance a wing of a medical clinic in the village of Koiyom in Southern Sudan. Referred to the Committee of the Whole.

5/9/08 David E. Blarr Manager, Lockport Stars – request permission to use the City’s 90 ft. baseball diamonds at Kibler, Willow, Dolan and Outwater Parks for the 2008 season Western New York Travel Baseball League. Referred to the Committee of the Whole.

5/16/08 Richard P. Mullaney, City Clerk – notification that the Lockport Municipal Building will be closed on Monday, May 26, 2008 in observance of Memorial Day. Garbage scheduled to be collected on Monday, May 26th will be picked-up on Tuesday, May 27th. Referred to the media.

5/21/08 Jacob Kern, Jr., 450 South Transit Street, Lockport, NY – recommends tearing down the parking ramp and building a one level ground parking lot. Referred to the Committee of the Whole.

Notice of Defect:
5/12/08 129 Outwater Drive, Lockport, NY – tree
5/15/08 263 West Avenue, Lockport, NY – tree
5/15/08 187 South Street, Lockport, NY - tree
Referred to the Highways & Parks Department.

Notice of Claim:
4/30/08 Douglas P. Garuder, 5707 D Oxford Lane, Lockport, NY
Referred to the Corporation Counsel.

MOTIONS & RESOLUTIONS

052108.2
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 23, 2008.
Seconded by Alderman Pasceri and adopted. Ayes 5.

052108.3
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 5.

052108.4
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, an amendment to the original contract to complete additional work items at a cost of $6,715.95 was approved by resolution 050708.9, and
Whereas, it has been determined that additional grading & topsoil on the South adjoining property is required at a cost of $698.74 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 Schrader and adopted. Ayes 5.

052108.5
By Alderman Kibler:
Resolved, that the Western New York Travel Baseball League is hereby granted permission to use the 90 ft. baseball diamonds at Kibler, Willow, Dolan and Outwater Parks during the Lockport Stars Travel Baseball 2008 season, subject to approval of the schedule by the Highways & Parks Department, and also subject to filing a certificate of insurance with the City Clerk naming the City of Lockport as additional insured.
Seconded by Alderman Lombardi and adopted. Ayes 5.

052108.6
By Alderman Schrader:

WITHDRAWAL OF LINCOLN AVENUE AND SUMMIT STREET CORRIDOR IMPROVEMENT

WHEREAS, on November 14, 2006 the City of Lockport made application to the State of New York for funding to study and reconstruct portions of Lincoln Avenue and Summit Street in the City of Lockport under Pin 5757.13, and

WHEREAS, the City of Lockport prepared two resolutions: one to authorize the Mayor to execute a municipal cooperation agreement with the County of Niagara to share in the project and a second resolution to authorize the Mayor to execute a contract with New York State to fund the project, and

WHEREAS, both resolutions were placed on the agenda and subsequently withdrawn due to opposition from the nearby residents, and

WHEREAS, Alderman Patrick Schrader having held a ward meeting to discuss the same and a majority of those in attendance having voiced opposition to the estimated $4 million project,

NOW THEREFORE BE IT

RESOLVED, that the City of Lockport hereby formally withdraws from the aforesaid project and the Mayor be and is hereby authorized to notify the appropriate authorities of this resolution.

Seconded by Alderman Pasceri and adopted. Ayes 5.

052108.7
By Alderman Pasceri:
Resolved, that pursuant to their communication, permission is hereby granted to the Diocese of Buffalo Youth Department to conduct a Walk-a-thon fundraiser to benefit the “Pickle Jar Project” on July 26, 2008 at Widewaters Park subject to approval of the walk route by the Police Chief and filing a certificate of insurance with the City Clerk naming the City of Lockport as additional insured.
Seconded by Alderman Alexander and adopted. Ayes 5.

052108.8 Withdrawn (amend Chapter 133 Peddling and Soliciting)

052108.9
By Alderman Schrader:
Whereas, the City of Lockport has purchased two generators from Delphi Systems for emergency backup power of the Wastewater Treatment Plant (WWTP) and the Water Filtration Plant, 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 CIR Electrical Construction Corporation, Buffalo, NY for electrical disconnects at a cost of $5,500.00 plus a 10% contingency and a contract with Hohl Industrial, Tonawanda, NY for dismantling and relocation of said generators to Commerce Square at a cost of $14,600.00 plus a 10% contingency. Cost of same to be charged 50% to account #004-0520-0060 and 50% to account 004-0520-0069 for a total amount of $22,210.00.
Seconded by Alderman Kibler and adopted. Ayes 5.

052108.10
By Alderman Lombardi:
Resolved, that the Corporation Counsel is hereby authorized to prepare a Local Law relative to Providing for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code – Chapter 66: Building Construction Administration, and be it further
Resolved, that a public hearing be held at the Common Council meeting of June 4, 2008, starting at 6:00 P.M. in the Common Council Chambers, Lockport Municipal Building, One Locks Plaza, Lockport, NY relative to said local law, and be it further
Resolved, that the City Clerk is hereby authorized and directed to advertise notice of said public hearing.
Seconded by Alderman Schrader and adopted. Ayes 5.

052108.10A
By Alderman Schrader:
Resolved, that pursuant to the recommendations of the Lockport Board of Fire Commissioners and the Fire Chief, the bid proposal of North Eastern Rescue Vehicles, Inc., 6764 Pickard Drive, Syracuse, New York, received on April 4, 2008, for two (2), Type III Class 1, E450 Ford Ambulances, in the amount of $255,900.00, less the trade-in for one (1) 1996 E350 Ford Type III Ambulance and one (1) 2001 E450 Type III Ambulance for the Total Net Bid of $240,900.00, be accepted, and be it further
Resolved, that the City Treasurer be authorized and directed to arrange financing for same.
Seconded by Alderman Pasceri and adopted. Ayes 5.

052108.10B
By Alderman Kibler:

AUTHORIZATION OF CAPITAL LEASE FINANCING OF TWO AMBULANCES
TO BE USED BY THE CITY OF LOCKPORT FIRE DEPARTMENT
WHEREAS, the Common Council by resolution 052108.10A of 2008 authorized the replacement of two ambulances; and

WHEREAS, it is necessary to provide financing of the new equipment through a Capital Lease, consistent with a plan in the 2008 operating budget of the Fire Department; and

WHEREAS, quotes were received from several firms which provided lease financing with the lowest cost quote that of First Niagara Bank;

NOW, THEREFORE, BE IT RESOLVED, that the Common Council hereby authorizes First Niagara Bank financing for the purchase of two ambulances in the total amount of $240,900.00 with First Niagara Bank.

This resolution shall take effect immediately upon its adoption.

Seconded by Alderman Alexander. 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 resolution was thereupon declared duly adopted.

052108.10C
By Alderman Lombardi:

REVENUE ANTICIPATION NOTE RESOLUTION DATED MAY 21, 2008.

A RESOLUTION DELEGATING TO THE TREASURER OF THE CITY OF LOCKPORT, NIAGARA COUNTY, NEW YORK, THE POWER TO AUTHORIZE THE ISSUANCE OF AND SELL NOT EXCEEDING $1,500,000 REVENUE ANTICIPATION NOTES OF SAID CITY IN ANTICIPATION OF THE RECEIPT OF STATE AID DURING THE CURRENT FISCAL YEAR OF SAID CITY.

BE IT RESOLVED, by the Common Council of the City of Lockport, Niagara County, New York, as follows:
Section 1. The power to authorize the issuance of and to sell not exceeding $1,500,000 revenue anticipation notes of the City of Lockport, Niagara County, New York, including renewals thereof, in anticipation of the receipt of State aid (Empire State Development Corporation grant for Restore New York Project) becoming due during the current fiscal year of said City, is hereby delegated to the Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner as may be determined by said Treasurer, pursuant to the provisions of the Local Finance Law.
Section 2. This resolution shall take effect immediately.
Seconded by Alderman Schrader. 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 resolution was thereupon declared duly adopted.

052108.10D
By Alderman Kibler:
Resolved, that pursuant to their request, North Park Middle School is hereby granted permission to erect an inflatable obstacle course at Outwater Park on June 18, 2008 during their field trip subject to filing a certificate of insurance with the City Clerk naming the City of Lockport as additional insured.
Seconded by Alderman Lombardi and adopted. Ayes 5.

Conclusion of agenda.

052108.11 ADJOURNMENT

At 6:16 P.M. Alderman Lombardi moved the Common Council be adjourned until 6:00 P.M., Wednesday, June 4, 2008.
Seconded by Alderman Pasceri and adopted. Ayes 5.




RICHARD P. MULLANEY
City Clerk




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