The following Common Council members answered the roll call: Aldermen Kibler, Pasceri, Alexander, McKenzie and Lombardi. Absent: Alderman Schrader

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1 City of Lockport Common Council Minutes October 22, 2008 By Richard P. Mullaney CITY OF LOCKPORT CORPORATION PROCEEDINGS Lockport Municipal Building Regular Meeting Official Record October 22, :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 and Lombardi. Absent: Alderman Schrader RECESS Recess for public input APPROVAL OF MINUTES On motion of Alderman Lombardi, seconded by Alderman Kibler, the minutes of the Regular Meeting of October 8, 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) 10/10/08 Richard P. Mullaney, City Clerk report of bid proposals received on October 10, 2008 for Water Filtration Plant Mixing Tank Rehabilitation as follows: United Eagle Painting Corp. $122,000 City of Tonawanda, NY NCS Niagara Coatings Services, Inc. $134,300 Niagara Falls, NY AMSTAR of Western New York, Inc. $149,000 Cheektowaga, NY

2 Referred to the Committee of the Whole. 10/17/08 Richard P. Mullaney, City Clerk notification that the Lockport Municipal Building will be closed the following days in November: Tuesday, November 4 Election Day Tuesday, November 11 Veterans Day Thurs. & Fri., November 27 & 28 Thanksgiving Holiday. The garbage collection schedule is as follows: No Pick up On Double Pick up On Tuesday, November 4 no change Tuesday, November 11 Wednesday, November 12 Thursday, November 27 Friday, November 28 Friday, November 28 no change Referred to the media. 10/17/08 Charles D. Cranston, Deputy Regional Permit Administrator, NYS DEC, Division of Environmental Permits, Region 9, 182 E Union, Suite 3, Allegany, NY notification that the NYS DEC permit for the mining operation known as the Lockport Quarry, located in the Town of Lockport and City of Lockport is renewed through April 30, Referred to Engineering, Building Inspection, Utilities, Police, Fire, and Highways and Parks Departments. 10/17/08 Richard P. Mullaney, City Clerk report of bid proposals received on October 17, 2008 for a City Wide Camera System as follows: Integrated Systems $44, Victor, NY IK Systems $50, Victor, NY Johnson Controls $89, Amherst, NY Referred to the Committee of the Whole. Notice of Defect: 9/30/ Corinthia Street, Lockport, NY water receiver 10/6/ Pine Street, Lockport, NY sewer backup 10/8/ Elmwood Avenue, Lockport, NY tree, sewer backup, sidewalks Referred to the Highways & Parks Department.

3 Notice of Claim: 9/30/08 Dan DeNardo, 147 Corinthia Street, Lockport, NY 10/6/08 Harry Clark, 451 Pine Street, Lockport, NY Referred to the Corporation Counsel. Small Claim Assessment Review decision: 10/8/08 Jack & Kathleen Hunt, 52 Woodbury Drive, Lockport, NY Referred to the City Assessor. MOTIONS & RESOLUTIONS 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 October 24, Seconded by Alderman Pasceri and adopted. Ayes 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 Resolved, that pursuant to C 202 of the City Charter, the appointment of Robert M. Lawson as Laborer in the Water Maintenance Department is hereby confirmed. Seconded by Alderman Lombardi and adopted. Ayes Resolved, that pursuant to C 188 of the City Charter, the appointment of George W. Wiley, IV as Laborer in the Wastewater Department is hereby confirmed. Seconded by Alderman Kibler and adopted. Ayes Resolved, that Friday, October 31, 2008 is hereby designated as Halloween Day in the City of Lockport with the hours for trick or treating scheduled from 4:00 p.m. to 7:00 p.m. Seconded by Alderman McKenzie and adopted. Ayes By Alderman McKenzie: Whereas, the City of Lockport Police Department desires to replace its police communication console, and

4 Whereas, the Niagara County Sheriff s Department currently operates a Zetron Inc. communications console; and, Whereas, in the event of an equipment failure or facility emergency on behalf of the County or the City, dispatchers can be temporarily re deployed to another agency without additional training for emergency operation; now, therefore be it Resolved, that the Police Chief be and the same is hereby authorized and directed to prepare plans and specifications for a new police communications console, and be it further Resolved, that pursuant to General Municipal Law 103, Subdivision 5, the City elects to standardize its police communication console to that of Zetron Inc. for the purpose of economy and efficiency; and be it further Resolved, that the City Clerk be and the same is hereby authorized and directed to advertise for same. Seconded by Alderman Pasceri and adopted. Ayes By Alderman McKenzie: Resolved, that the table of organization in the 2008 General Fund Budget be amended by creating the position of Temporary Secretary to the Chief in the Police Department for a period not to exceed three months. Cost of same to be charged to account # Seconded by Alderman Kibler and adopted. Ayes Resolved, that pursuant to the recommendation of the Director of Engineering, the bid proposal of United Eagle Painting, Corp., Tonawanda, NY, received on October 10, 2008 for Water Filtration Plant Mixing Tank Rehabilitation being the lowest bid received be accepted in the amount of $122,000.00, and be it further Resolved, that the Mayor, subject to Corporation Counsel approval be and the same is hereby authorized and directed to execute a contract with United Eagle Painting Corp. for Mixing Tank Rehabilitation at a cost of $122, plus a 10% contingency to be charged to account # Seconded by Alderman Alexander and adopted. Ayes A Resolved, that the Mayor, subject to Corporation Counsel approval, be and the same is hereby authorized and directed to execute a contract with Kevin Crosby for a video production regarding the Flight of Five at a cost of $7,500 to be charged to

5 account # Seconded by Alderman Kibler and adopted. Ayes B Resolved, that permission is hereby granted to barricade Livingston Place (from East Avenue to East Union Street) from dusk to 10:00 p.m. on October 31, 2008, and be it further Resolved, that the Highways & Parks Department be and the same is hereby authorized and directed to deliver barricades to said area prior to the event. Seconded by Alderman McKenzie and adopted. Ayes C NEW YORK STATE DEPARTMENTS OF STATE AND ENVIRONMENTAL CONSERVATION BROWNFIELD OPPORTUNITY AREAS PROGRAM LEAD APPLICANT RESOLUTION Brownfield Opportunity Areas Name: City of Lockport Step 2 Resolution authorizing the items listed below pursuant to 970 r of the General Municipal Law. Whereas, the City of Lockport, herein called the Applicant after thorough consideration, has hereby determined that certain work, as described in its application and attachments, herein called the Project, is desirable; and Whereas, 970 r of the General Municipal Law authorizes State assistance to eligible parties for Brownfield Opportunity Areas Program grants by means of a State Assistance Contract (SAC) and the Applicant deems it to be in the public interest and benefit under this law to enter into a contract therewith; NOW, THEREFORE, BE IT RESOLVED BY the City of Lockport 1. That the Director of Engineering is the representative authorized to act in behalf of all applicants in all matters related to State assistance under 970 r of the General Municipal Law for the Project. The representative is also authorized to sign and submit the application, execute the SAC, request SAC advances and reimbursements, redistribute SAC reimbursements as appropriate, submit Project documentation, and otherwise act for all applicants in all matters related to the Project and to State assistance; 2. That the Applicant agrees that it will complete the Project; 3. That the Applicant agrees that it will fund its portion of the Applicant s 10% share of the Project; and

6 4. That this Authorization take effect immediately. Seconded by Alderman Alexander and adopted. Ayes D Resolved, that the Director of Utilities is hereby authorized and directed to prepare bid specifications for One New/Unused 4X Truck Cab with Enclosed Service Body and One New/Unused 4X Truck with Dump Body Snow Plow and Salt Spreader, 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 5. Conclusion of agenda ADJOURNMENT At 6:13 P.M. Alderman Lombardi moved the Common Council be adjourned until 6:00 P.M., Wednesday, November 5, Seconded by Alderman McKenzie and adopted. Ayes 5 RICHARD P. MULLANEY City Clerk