December 19, 2018 A regularly scheduled work session of the Lockport Town Board was conducted at 1: 00 p. m. on Wednesday, December 19, 2018 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: Dave Miller, Highway Superintendent: Brian D. Seaman, Town Attorney; Rob Klavoon, Wendel Engineering and Judith A. Newbold, Town Clerk. Supervisor Crocker welcomed everyone and began the work session as follows: 1. Town Clerk Resignation Ryan Parisi. Town Prosecutor The Town Clerk reported that she received a resignation letter from Ryan Parisi, current Town Prosecutor effective January 1, 2019. Building Inspector/ Deputy Inspector Training She also reported receipt of a memorandum from Brian Belson, Building Inspector requesting approval for educational training for the 2019 year. MOTION ( 2018-290) to authorize educational training in 2019 for the Building Department staff, to fulfill the requirements of Part 444- Executive Law 9 of NYS Code was made by Councilmember Dufour, seconded by Councilmember DiCarlo. The motion was APPROVED. AYES 5, NAYS 0. Voting AYE: Crocker, Siejak, Dufour, Keough 2. Attorney CSEA/Teamsters Memorandum of Understanding Health Insurance Changes After a negotiation with both town unions, it was decided both unions will change from the Blue Cross/ Blue Shield Platinum Plan to the Blue Cross/ Blue Shield Gold Plan in exchange for some additional benefits. MOTION ( 2018-291) to approve a memorandum of understanding with the CSEA, Local 1000, Unit# 7655, modifying the health care provisions of the Collective Bargaining Agreement and authorizing the Supervisor to sign same was made by Councilmember Siejak, seconded by Councilmember DiCarlo. The motion was APPROVED. AYES 5, NAYS 0. Voting AYE: Crocker, Siejak, Dufour, Keough MOTION ( 2018-292) to approve a memorandum of understanding with the Teamsters Union Local # 264, modifying the health care provisions of the Collective Bargaining Agreement and authorizing the Supervisor to sign same was made by Councilmember Siejak, seconded by Councilmember Keough. The motion was APPROVED. AYES 5, NAYS 0. Voting AYE: Crocker, Siejak, Dufour, Keough Sale of 2001 International Dump Truck to the Town of Charlotte The Highway Superintendent provided comparables for the sale of a 2001 International dump truck to another town. The sale figures were based on realization of previous auction prices and current" trade in" pricing. The Board determined that the sale price of$ 10, 000. 00 was higher than what could be expected at auction or trade in and was a reasonable price. The Town Attorney will compose bill of sale.
PAGE 2 Continuation of Minutes of Town Board Work Session 12/ 19/ 2018 MOTION ( 2018-293) to declare the 2001 International Dump Truck and attached snow plowing equipment as surplus equipment and authorizing its sale to the Town of Charlotte, in the amount of$ 10, 000 in " as is" condition was made by Councilmember Keough, seconded by Councilmember Siejak. The motion was APPROVED. AYES 5, NAYS 0. Voting AYE: Crocker, Siejak, Dufour, Keough Contracts necessary for completion of State Troopers Garage MOTION ( 2018-294) to approve an agreement with Anzalone Electric for electrical work on the State Troopers Garage located at 6564 Dysinger Road, at a cost of 6, 630. 00 and authorizing the Supervisor to sign same was made by Councilmember DiCarlo, seconded by Councilmember Dufour. The motion was APPROVED. AYES 5. NAYS 0. Voting AYE: Crocker, Siejak, Dufour, Keough MOTION ( 2018-295) to approve an agreement with Urban Insulation to insulate the State Troopers Garage located at 6564 Dysinger Road, in an amount of$ 1, 795. 00 and authorizing the Supervisor to sign same was made by Councilmember Keough. seconded by Councilmember Siejak. The motion was APPROVED. AYES 5, NAYS 0. Voting AYE: Crocker, Siejak, Dufour, Keough Agreement with Elavon for credit card transactions and terminals The Attorney advised that within these banking agreements there is included some unfavorable terms regarding chargebacks that the banking organizations are unwilling to change. This would be a business decision the Town Board would be required to make. The Councilmembers discussed different scenarios for chargeback situations and decided to move forward with agreement. MOTION ( 2018-296) to approve an agreement with Elavon for credit card transaction processing and authorizing the Supervisor to sign same was made by Councilmember Dufour, seconded by Councilmember Keough. The motion was APPROVED. AYES 5, NAYS 0. Voting AYE: Crocker. Siejak, Dufour, Keough New York State Department of Environmental Conservation Enforcement Actions/ Locust Street Extension Culvert Attorney Seaman briefed the Town Board on enforcement proceedings contemplated by the NYS Department of Environmental Conservation regarding the Locust Street Extension Culvert. The DEC has proposed a consent order with a minimal civil penalty of$ 500. 00. This was an unintentional oversight regarding the type of permit that was required for this type of project. MOTION ( 2018-297) to agree to the order on consent with the New York State Department of Environmental Conservation, concerning the Locust Street Extension Culvert Project and authorize the Supervisor to sign same was made by Councilmember DiCarlo, seconded by Councilmember Keough. The motion was APPROVED. AYES 4, NAYS 1. Voting AYE: Crocker, Siejak, Keough and DiCarlo. Voting NAY: Dufour. 3. Engineer Contract 167S- G) Phase 2A Pump Station Replacement Project Close Out Rob Klavoon informed the Town Board Phase 2A sewer contract is ready for close out. He recommends the board release the final payment of$ 118, 794. 84 on this project to Mark Cerrone for the construction portion of the project. It contains a two- year maintenance bond. MOTION ( 2018-298) on a motion by Councilmember Dufour, and seconded by Councilmember DiCarlo, the following resolution was duly ADOPTED: AYES- 5, NAYS- 0. Voting AYE: Crocker, Siejak, Dufour, Keough
PAGE 3- Continuation of Minutes of Town Board Work Session 12/ 19/ 2018 FINAL CLOSEOUT AND ACCEPTANCE TOWN OF LOCKPORT PUMP STATION REPLACEMENT PROJECT CONTRACT 167S- G WHEREAS, the Town of Lockport awarded a bid to Mark Cerrone, Inc. in the amount of$ 1, 489, 016. 25, for the rehabilitation of sanitary sewer pump stations, and WHEREAS, Wendel, the Town' s Engineers have reviewed the project and find that all matters required under the Contract have been satisfactorily completed, and now therefore be it RESOLVED, that this Board authorizes the payment of$ 118, 794. 84 which represents the remaining balance owed under the Contract and, BE IT FURTHER RESOLVED, the Town Supervisor is hereby authorized to sign any close out documents as required by the Contract. Contract 167S- E) Phase 2A Pump Station Replacement Project Close Out Rob also informed the Town Board the Phase 2A sewer contract is ready for close out on the electrical portion. He recommends the board release the final payment of$ 28, 987. 93 to Frey Electric. It contains a two- year maintenance bond as well. MOTION ( 2018-299) on a motion by Councilmember Siejak, and seconded by Councilmember Keough, the following resolution was duly ADOPTED: AYES- 5, NAYS- 0. Voting AYE: Crocker, Siejak, Dufour, Keough FINAL CLOSEOUT AND ACCEPTANCE TOWN OF LOCKPORT PUMP STATION REPLACEMENT PROJECT CONTRACT 167S- E WHEREAS, the Town of Lockport awarded a bid to Frey Electric Construction in the amount of$ 1, 183, 000. 00, for the rehabilitation of sanitary sewer pump stations, and WHEREAS, Wendel, the Town' s Engineers have reviewed the project and find that all matters required under the Contract have been satisfactorily completed, and now therefore be it RESOLVED, that this Board authorizes the payment of$ 28, 987. 93 which represents the remaining balance owed under the Contract and, BE IT FURTHER RESOLVED, the Town Supervisor is hereby authorized to sign any close out documents as required by the Contract. Rob also distributed and reviewed a closeout summary of both projects which highlighted the final figures coming in below budget as follows: Contract 167S Phase 2A Pump Station Rehabilitations Budgeted amount $ 3, 282, 000. 00 Total Cost 2, 780, 590. 29 Remaining 501, 409. 71 Contract 168S Phase 2A Pump Station Replacements Budgeted amount $ 1, 088, 500. 00 Total Cost 983, 989. 60 Remaining 104, 510. 40 He summarized the pending project, Phase 2B and the pump stations that have not been addressed at this time.
PAGE 4 Continuation of Minutes of Town Board Work Session 12/ 19/ 2018 Contract 17-6) Snyder Drive Bridge Rehabilitation Rob reported all permits have been acquired and are being reviewed by the Attorney, he distributed and reviewed the budget summary for this project and requested approval to set bid dates for January 24, 2019. This project will be funded primarily by reimbursement grant. He expects work to begin in March or April of 2019. At that time the bridge will be shut down for approximately six to eight weeks and traffic will be rerouted down Old Beattie Road. There is an additional wingwall that needs to be repaired that will be addressed by the Highway Department. MOTION ( 2018-300) on a motion by Councilmember DiCarlo, and seconded by Councilmember Dufour, the following resolution was duly ADOPTED: AYES- 5, NAYS- 0. Voting AYE: Crocker, Siejak, Dufour, Keough and DiCarlo ADVERTISE BIDS FOR SNYDER DRIVE BRIDGE REHABILITATION CONTRACT NO. 17-6 WHEREAS, the Town of Lockport has authorized Wendel, the Town' s Engineers to complete the plans and specifications for the Snyder Drive Bridge Rehabilitation, and WHEREAS, Wendel has completed the plans and specifications, NOW THERFORE BE IT RESOLVED, that the Lockport Town Board authorizes the Town Clerk to advertise for said bids as follows: Books Available: Thursday, December 20, 2018 Bid Opening: Thursday, January 24, 2019 at 1: 00 PM 4. Highway Superintendent Dave Miller reported he has sent a response letter to the New York State Department of Transportation regarding a " yellow flag" on the Day Road Bridge across the canal. He stated the metal sheeting for the new storage pole barn at Day Road Park is near completion. He has ordered solar powered flashing yellow beacons for the Crosby, Bartz, Rapids Roads intersection and the Day Road Bridge underpass. 5. Town Board Councilmember Siejak reported that he has received three resumes for the Town Historian position which will be vacated when Larry Haseley, current Town Historian retires on December 31, 2018. He asked the board members to review those resumes to address at the work session on December 26, 2018. Councilmember Keough reported that the YMCA is looking to form a committee to address plans to best utilize the open land between Snyder Drive and Locust Street Extension at the new YMCA site. He pointed out that they are looking to involve the Town Engineer and Town Planner. Supervisor Crocker had responded that he would be interested in meeting for a one- day planning session. Attorney Seaman advised that the YMCA will also need to update their site plan with the Planning Board. 6. Supervisor Town Prosecutor Contract In response to the letter of resignation from Ryan Parisi, Town Prosecutor, Supervisor Crocker stated he would like to appoint Dan Seaman to fill this position temporarily, as he is very familiar with the Town of Lockport Court
PAGE 5 Continuation of Minutes of Town Board Work Session 12/ 19/ 2018 system. Supervisor Crocker stated his office has composed a contract based on the existing contract with Ryan Parisi. It will contain a thirty day termination clause with the same dollar value. Brian Seaman submitted a letter disclosing that the firm of Seaman Norris, LLP may have an interest in a proposed contract with Daniel E. Seaman as Town Prosecutor and further stated his position as Town Attorney would preclude him from preparing or approving such contract, under a conflict of interest. Councilmember Dufour also recused herself from any votes on the subject as she has a business relationship with Daniel E. Seaman. MOTION ( 2018-301) to approve an agreement with Daniel E. Seaman to provide services as Town Prosecutor for an annual fee of$ 25, 000. 00 and authorize the Supervisor to sign was made by Councilmember Keough, seconded by Councilmember Siejak. The motion was APPROVED. AYES 4, NAYS 0, RECUSE 1. Voting AYE: Crocker, Siejak, Keough ABSTAINING: Dufour. Supervisor Crocker stated he will notify Carolyn Wojtaszek, Niagara County District Attorney, of this change. He distributed information to the Town Board which was received at the November 9th town board meeting from Tamre Varallo of Spring Lake Winery, pertinent to the local law change that Mrs. Varallo is interest in pursuing. The board will address this item at a future meeting. He also reported Norman Pearson will reach 61 years of volunteer fire service for the Gasport Chemical Hose Fire Company this year. 7. Adjournment MOTION ( 2018-302) to adjourn at 1: 37 p. m. was made by Councilmember Siejak, seconded by Councilmember Keough. The motion was APPROVED. AYES 5, NAYS 0. Voting AYE: Crocker, Siejak, Dufour, Keough The meeting was ended at 1: 37 p. m. The Lockport Town Board will next meet at 1: 00 p. m. on Wednesday, December 26, 2018. Respectfully Submitted, Judith A. Newbold Town Clerk