Supervisor: Mark C. Crocker. Town Council Members: Paul W. Siejak Patricia Dufour

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1 July 19, 2017 A regularly scheduled work session of the Lockport Town Board was conducted at 1: 00 p. m. on Wednesday, July 19, 2017 at the Town Hall, 6560 Dysinger Road, Lockport, New York. Present were: Supervisor: Mark C. Crocker Town Council Members: Paul W. Siejak Patricia Dufour Thomas Keough Darlene DiCarlo Also present: Brian D. Seaman, Town Attorney, Robert Klavoon, Adam Tabelski and Timothy Dietrich of Wendel Engineering, Dave Miller, Highway Superintendent and Judith Newbold, Town Clerk. Supervisor Crocker welcomed everyone and opened the meeting as follows: 1. Town Clerk The Town Clerk stated she received a letter from the Niagara County Department of Public Works confirming the necessary TE- 9 form requesting a speed study for Slayton Settlement Road ( between Lake Ave and Day Road) was forwarded to the NYS Department of Transportation on the Town' s behalf. She informed the board Brooke Banker from Terry' s Corners Fire Company, Baylei Smith and Lawrence Bentley from Rapids Volunteer Fire Company have passed the required physical and other requirements for acceptance into the fire service, and have been processed and approved through the Town of Lockport Fire Prevention Bureau. MOTION ( ) to approve Brooke Banker, Baylei Smith and Lawrence Bentley for volunteer fire service for the Town of Lockport was made by Councilmember Keough, seconded by Councilmember Siejak. The motion was APPROVED: AYES 5, NAYS 0. Voting AYE: Crocker, Dufour, Siejak, Keough and DiCarlo. She also reported receiving a standardized notice from Cammarata' s Restaurant, Inc. informing the board they will be renewing their liquor license for the property at 6336 Robinson Road, Lockport. 2. Engineer LED Street Lights Performance Contract Rob Klavoon introduced Adam Tabelski and Timothy Dietrich of Wendel Energy Services who gave a presentation regarding LED street lights and the details of performance contracts. They distributed packets highlighting the street lighting cost savings program, gave a brief overview of LED technology, explained the way a performance contract works, and discussed a 25 year economic cash flow analysis and projection. The board discussed lighting districts, bonding, design, bidding, qualified contractors, construction management, installation, public bidding requirements, energy savings, costs, maintenance responsibility and timelines. Going forward it was decided the board will bring in an additional agency for review. Badger Water Meter Purchase Attorney Seaman stated for reasons of efficiency and cost savings for parts, the town board would like to enact standardization and sole source resolutions for current and future purchases of Badger Water Meters and meter reading equipment for town use. Badger Water Meters have indicated that the only source for these supplies is Lock City Supply, West Avenue, Lockport.

2 PAGE 2 Continuation of Minutes of Town Board Work Session 07/ 19/ 2017 MOTION ( ) on a motion by Councilmember Siejak and seconded by Councilmember Keough, the following resolution was duly ADOPTED by ROLL CALL VOTE: AYES- 5, NAYS- 0. Voting AYE: Keough, DiCarlo, Dufour, Siejak and Crocker. TOWN OF LOCKPORT STANDARDIZATION AND SOLE SOURCE WATER METERS AND RELATED EQUIPMENT WHEREAS, the Town of Lockport Water Department is responsible for metering water supplied to the users of the Town' s water distribution system, and WHEREAS, the Town regularly purchases, uses, and installs water meters, meter reading equipment, and other related equipment, and WHEREAS, the Town currently owns, uses, and has installed through the Town meters, meter reading equipment, and other related equipment manufactured by Badger Meter, Inc. which equipment allows the Town to remotely read the meters installed at users' premises, and WHEREAS, it is necessary that the Town' s water meters, meter reading equipment, and related equipment be of the same kind and manufacture, so as to allow the Town ' s meter reading system to be fully integrated and functional. To purchase or use equipment from other of multiple manufacturers would require maintaining multiple meter reading systems and would be inefficient and uneconomical, and WHEREAS, by letter dated June 30, 2017 Badger Meter has indicated that the sole authorized distributor of Badger Meter, Inc. utility products for Niagara County is Lock City Supply, Inc., NOW THEREFORE BE IT RESOLVED, that for reasons of efficiency and economy and pursuant to the authority confirmed by General Municipal Law Section 103 ( 5), it is determined by this Board that there is a need for standardization in the purchase of water meters, water meter reading equipment, and related equipment, and that such equipment be Badger Meter, Inc. equipment, and BE IT FURTHER RESOLVED, that the" sole source" of Badger Meter, Inc. utility equipment for Lockport, New York is Lock City Supply, Inc. and BE IT FURTHER RESOLVED, that the Town of Lockport may purchase Badger Meter, Inc., water meters, meter reading equipment, and related equipment from Lock City Supply, Inc. by purchase order, without advertising for sealed bids or seeking additional proposals, and BE IT FURTHER RESOLVED, that this Standardization Resolution to Badger Meter, Inc: equipment shall stay in effect for future purchases, and BE IT FURTHER RESOLVED, that the" sole source" resolution shall stay in effect for future purchases so long as Lock City Supply, Inc. remains Badger Meter, Inc.' s sole authorized distributor for Niagara County. Locust Street Extension Culvert Replacement Rob reported Wayside Nursery, Inc., the low bidder on the Locust Street Extension Culvert Replacement project has requested to formally withdraw their bid. In addition, Wayside was unable to substantiate that they are responsible bidder. He then distributed a current budget sheet for the project and reminded the board of the other bids that were received. He has met with Dave Miller, Highway Superintendent to assess if an alternative repair option was available. They feel this is not an option and they recommend the board award the bid to Edbauer Construction, the next lowest bidder.

3 PAGE 3 Continuation of Minutes of Town Board Work Session 07/ 19/2017 MOTION ( ) on a motion by Councilmember DiCarlo and seconded by Councilmember Keough, the following resolution was duly ADOPTED: AYES- 5, TOWN OF LOCKPORT AWARDING CONTRACT NO LOCUST STREET EXTENSION CULVERT REHABILITATION WHEREAS, THE Town publicly advertised and solicited bids for the Locust Street Extension Culvert Rehabilitation Project, Contract No. 17-3, and WHEREAS, sealed bids were opened on June 29, 2017, and WHEREAS, the apparent low bidder, Wayside Nursery, Inc. ("Wayside") has submitted a letter to the Town' s Engineer requesting that its bid be withdrawn due to an error in its bid documents, and WHEREAS, Wayside has not identified any similar projects in which it acted as general contractor or otherwise demonstrated that it is capable of performing the work necessary for the project, and WHEREAS, Wayside indicated in its bid documents that it would sub-contract bridge demo/ installation" to another firm, said work consisting of the vast majority of the contract, in contravention of the terms of the bid specifications, and WHEREAS, the next lowest bidder, Edbauer Construction, has provided the requested information concerning its ability to complete the work, now, therefore, be it RESOLVED, that the Board determines that Wayside Nursery, Inc. is not a responsible bidder, and pursuant to its request, their bid is rejected, and be it further, RESOLVED, that Contract No be awarded to the next lowest bidder, and lowest responsible bidder, Edbauer Construction, West Seneca, New York, in the amount of$ 309, contingent on the Town Attorney' s review and approval of the contractor' s bonds and insurances. Contract 17-2 Town Hall Electrical Panel Replacement Rob then reminded the board the Town Hall building will be closed on Friday, August 4, Construction for the electrical panel replacement will begin on Thursday evening, August 3rd at 5: 00 p. m. and continue until Monday morning at 8: 00 a. m. on August 7. There will be a coordination meeting with the contractor, telephone maintenance and computer technicians on Wednesday afternoon. The highway department, 6200 Robinson Rd. and 6564 Dysinger Rd. services will not be interrupted. Snyder Drive Bridge Rehabilitation Rob distributed a proposal for design and bidding services from Wendel for repairs to the Snyder Drive Bridge which is owned by the Town. The Town has received a grant from the NYSDOT Bridge NY Program and is prepared to move forward with the necessary repairs to the bridge over the Donner Creek area. As required by the grant, Wendel will need to do preliminary work. The handout included a budget breakdown. MOTION ( ) to authorize the Supervisor to sign an agreement with Wendel Engineering to proceed with the design and bidding services for the Snyder Drive Bridge Rehabilitation project was made by Councilmember Keough and seconded by Councilmember Dufour. The motion was CARRIED: AYES- 5, NAYS- 0. Voting AYE: Crocker, Siejak, Dufour, Keough and DiCarlo.

4 PAGE 4 Continuation of Minutes of Town Board Work Session 07/ 19/2017 Request 17-1 TV and Flushing 2017 Project Rob distributed a packet outlining a project for televising and flushing of sanitary sewer lines from the Robinson Road Pump station, north to the intersection of Beattie Avenue and Collins Drive and a second project which would include the sanitary sewer lines along Sweetwood Drive, Glendale Drive and Strauss Road. After meeting with Jason Neden, Deputy Superintendent of Water/Sewer Maintenance and Dave Miller, Highway Superintendent it was decided these areas are in need of scoping. Total cost of the project will be$ 37, Most of the necessary costs will be reimbursed from the Niagara County Sewer District as they provide funds for towns for illuminated infiltration and inflow issues. MOTION ( ) to authorize Wendel Engineering to proceed with the televising and flushing project( 17-1) for sanitary sewer lines along Sweetwood Drive, Glendale Drive and Strauss Road ( area 1) and from the Robinson Road Pump Station, north to the intersection of Beattie Avenue and Collins Drive( area 2) was made by Councilmember Dufour and seconded by Councilmember DiCarlo. The motion was CARRIED: AYES- 5, NAYS- 0. Voting AYE: Crocker, Siejak, Dufour, Keough and DiCarlo. Water System Capital Improvement Program, Phase 2( Contract 159W) Rob reported 60% of design plans have been sent out to utilities and agencies. He requested the board take the next steps which will include authorizing the request for proposals for underground location services to obtain additional information on underground 9 utilities and proposals p p for soil borings 9 to obtain information on underground soil conditions. These resolutions, which were reviewed by the Town Attorney, would allow Wendel to request proposals on behalf of the town. He distributed a budget summary sheet to those in attendance and reviewed the figures. MOTION ( ) on a motion by Councilmember Keough and seconded by Councilmember Dufour, the following resolution was duly ADOPTED: AYES- 5, TOWN OF LOCKPORT WATERLINE REPLACEMENT, PHASE 2 AUTHORIZE REQUEST FOR PROPOSALS FOR UNDERGROUND LOCATION SERVICES WHEREAS, the Town of Lockport is continuing work on the design for the replacement of existing waterline on Wicks Road, Slayton Settlement Road, and Lockport Junction Road, and WHEREAS, it is necessary to obtain additional information on underground utilities using non- invasive locating services, now therefore be it RESOLVED, that the Lockport Town Board authorizes that the request for proposals for underground location services be available as follows: Request for Proposals Available: Thursday July 20, 2017 Written Proposals Due: Wednesday August 10, 2017' at 2: 00 PM MOTION ( ) on a motion by Councilmember Keough and seconded by Councilmember DiCarlo, the following resolution was duly ADOPTED. AYES- 5, TOWN OF LOCKPORT WATERLINE REPLACEMENT, PHASE 2 AUTHORIZE REQUEST FOR PROPOSALS FOR SOIL BORINGS WHEREAS, the Town of Lockport is continuing work on the design for the replacement of existing waterline on Wicks Road, Slayton Settlement Road, and Lockport Junction Road, and

5 PAGE 5 Continuation of Minutes of Town Board Work Session 07/ 19/2017 WHEREAS, it is necessary to obtain additional information on underground soil conditions and complete a soil investigation report, now therefore be it RESOLVED, that the Lockport Town Board authorizes that the request for proposals for soil borings be available as follows: Request for Proposals Available: Thursday July 20, 2017 Written Proposals Due: Wednesday August 10, 2017 at 2: 00 PM He also stated that work on Wicks Road and Slayton Settlement Road were added to the project late, and therefore the Town needs to consider SEQRA with regard to the work on these roads. After the Attorney' s review of the thresholds in section 617.4, it was determined that the replacement of existing water lines on Wicks Road and Slayton Settlement Road meets the criteria for a Type II action under SEQRA. He asked that the board also pass a resolution to this effect. Attorney Seaman added that this falls under Type II as the project involves the replacement, in kind, of the existing structure on the same site. MOTION ( ) on a motion by Councilmember DiCarlo and seconded by Councilmember Keough, the following resolution was duly ADOPTED. AYES- 5, SEQR DETERMINATION WICKS ROAD& SLAYTON SETTLEMENT ROAD WATERLINE REPLACEMENT WHEREAS, the Town of Lockport will be undertaking the replacement of approximately 8, 200 LF of waterline on Wicks Road and Slayton Settlement Road, and WHEREAS, the proposed project has been determined to be a Type II action under SEQRA[ Section ( c)] in that the project involves the. replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, and does not meet any of the thresholds in Section 617.4, and WHEREAS, in accordance with the State Environmental Quality Review Act SEQRA), Type II actions have been determined to not have a significant impact on the environment and require no further review by the agency undertaking the action, NOW, THEREFORE, BE IT RESOLVED, that no further action is required by SEQRA. At this time a public information meeting was set for August 21, 2017 at 7: 00 p. m. to invite the residents who will be affected by this project including Lockport- Junction Road, a portion of Slayton Settlement Road, Wicks Road and the residents of the Town of Cambria that are on the west side of Lockport Junction Road. NC Water District Transmission Main, Phase 2 ( PCCP) Rob updated the board on the water main transmission project, stating the contractor is finishing up on the canal and anticipates they will start work on Robinson Road next week. The work schedule will be 7: 00 p. m. to 5: 00 a. m. and rock blasting will be conducted from 7: 00 p. m. to 12: 00 a. m. Flyers were placed at all residences to alert them of the upcoming construction. Approximate completion will be six to eight weeks from start date.

6 PAGE 6 Continuation of Minutes of Town Board Work Session 07/ 19/ Attorney Local Law Amending the Zoning Map of the Town of Lockport( Murphy Rd.) The board then discussed the results of the public hearing on July 5, The Local Law amending the Zoning map to rezone three Murphy Road parcels with businesses from (AR) Agricultural Residential to ( B- 2) General Business will be added to the agenda for August 2, Grant Disbursement Agreements Attorney Seaman presented a grant disbursement agreement from the Dormitory Authority of New York State concerning the construction of the storage facility at Day Road Park. He has reviewed the documents and found them to be in order. MOTION ( ) to authorize the Town Supervisor to execute the agreement with the New York State Dormitory Authority for a grant in the amount of 50, for the Day Road Park storage facility was made, by Councilmember Siejak and seconded by Councilmember Dufour. The motion was CARRIED: AYES- 5, NAYS- 0. Voting AYE: Crocker, Siejak, Dufour, Keough and DiCarlo The second grant he presented was from Empire State Development which concerns the Town of Lockport Industrial Park working capital, which is money that is being used to do environmental work on the IDA Park south parcel. MOTION ( ) to approve the grant disbursement of$ 19, and authorize the Town Supervisor to execute the agreement with New York State Empire State Development on behalf of the Town of Lockport was made by Councilmember Keough and seconded by Councilmember Siejak. The motion was CARRIED: AYES- 5, NAYS- 0. Voting AYE: Crocker, Siejak, Dufour, Keough and DiCarlo New York State Police Celebration The NYS Police have requested to use the property behind the Trooper barracks at 6564 Dysinger on August 20, 2017 for a 100 year celebration. There will be horses, a helicopter, canine and mounted patrol and the event will be open to the public. MOTION ( ) to grant the New York State Police use of Town property for a 100 year celebration on August 20, 2017 from 1: 00 to 5: 00 p. m. was made by Councilmember Siejak and seconded by Councilmember Keough. The motion was CARRIED: AYES- 5, NAYS- 0. Voting AYE: Crocker, Siejak, Dufour, Keough and DiCarlo Local Law adding retail storage facilities as a Special Use in the Local Business( B- 1) use district Attorney Seaman reported this action will be a Type I action under SEQRA regulations and will require a coordinated review. The law was introduced at the July 5, 2017 board meeting and a public hearing is scheduled for August 2, MOTION ( ) to declare the Town of Lockport' s intent to act as lead agency and initiate a coordinated review for SEQRA determination was made by Councilmember Dufour and seconded by Councilmember DiCarlo. The motion was CARRIED: AYES- 5, NAYS- 0. Voting AYE: Crocker, Siejak, Dufour, Keough and DiCarlo 4. Town Board Councilmember Siejak reported the Solid Waste and Recycling Report for the 2nd quarter of 2017 was received from Waste Management. It states we increased by tons of recycling compared to the same period in 2016, which is an increase of %.

7 PAGE 7 Continuation of Minutes of Town Board Work Session 07/ 19/ 2017 Dave Miller, Highway Superintendent distributed a packet with renderings of the proposed fagade changes for the highway annex. Rob Klavoon had broken down the probable construction cost for the board, and after some consideration Dave feels that some of the work could be done by the Highway Department. The damages were caused by wind and water damage throughout the years. He feels the repairs to the Dryvit could be accomplished for approximately 6, Materials could be purchased for anticipated completion by the Highway Department in the fall, and this may save an estimated$ 28, on this project. Dave and Rob will move forward putting together a request for proposal for repairs to the Exterior Insulation and Finish Systems ( EIFS), and a second request for proposal to procure the panels. 5. Supervisor The Supervisor then distributed two surveys he received from the Niagara County Supervisors Association for the board' s reference. One is a copy of the 2017 Fire Protection Districts Survey and the second is a 2017 Salary/Wage schedule. He reported Johnson Controls checked the existing security systems in the Town buildings and found they were forty years old. They feel we need to update the system. 6. Executive Session MOTION ( ) to enter executive session at 2: 52 p. m. for the purpose of consulting with the Town Attorney was made by Councilmember Siejak, seconded by Councilmember Keough. The motion was APPROVED. AYES 5, NAYS 0. Voting AYE: Crocker, Siejak, Dufour, Keough and DiCarlo. Executive Session ended, Work Session reconvened MOTION ( ) to resume the work session and regular business meeting at 2: 57 p. m. was made by Councilmember DiCarlo, seconded by Councilmember Keough. The motion was APPROVED. AYES 5, NAYS 0. Voting AYE: Crocker, Siejak, Dufour, Keough and DiCarlo. No action was taken during Executive Session. 7. Adjournment MOTION ( ) to adjourn at 2: 57 p. m. was made by Councilmember Siejak, seconded by Councilmember DiCarlo. The motion was APPROVED. AYES 5, NAYS 0. Voting AYE: Crocker, Siejak, Dufour, Keough and DiCarlo. Respectfully Submitted, Judith A. Newbold Town Clerk