CITY OF LOCKPORT CORPORATION PROCEEDINGS. Lockport Municipal Building. Regular Meeting Official Record

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CITY OF LOCKPORT CORPORATION PROCEEDINGS Lockport Municipal Building Regular Meeting Official Record Mayor Michael W. Tucker called the meeting to order. December 21, 2011 6:00 P.M. ROLL CALL The following Common Council members answered the roll call: Aldermen Kibler, Pasceri, Smith, McKenzie, Chapman, and Genewick. Recess for public input. RECESS 122111.1 APPROVAL OF MINUTES On motion of Alderman Pasceri, seconded by Alderman Kibler, the minutes of the Regular Meeting of December 7, 2011 are hereby approved as printed in the Journal of Proceedings. Ayes 6. 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) 12/13/11 Anthony J. Zaccarella, Niagara County Department of Health, Environmental Health Division, 5467 Upper Mountain Road, Suite 100, Lockport, NY is extending appreciation for assistance with the free rabies immunization clinic that was conducted on September 24, 2011. Referred to the Committee of the Whole 12/13/11 Richard P. Mullaney, City Clerk notification that one bid proposal for water meters was received from Lock City Supply, Inc., Lockport, NY as follows: Automated Meter Reading System Meter and Transmitter 5/8 Water Meter 184.60 per meter 3/4 212.68 1 284.96 1 1/2 528.32 2 721.24 185

Transmitter (less meter) 5/8 Water Meter 138.33 per transmitter 3/4 138.33 1 138.33 1 1/2 144.56 2 144.56 Referred to the Committee of the Whole. 12/14/11 Richard P. Mullaney, City Clerk notification that the Lockport Municipal Offices will be closed on the following days in December and January: Friday, December 23 (closed at 12 noon) Monday, December 26 Friday, December 30 (closed at 12 noon) Monday, January 2, 2012 The garbage collection schedule is as follows: Due to the Christmas and New Year s holidays, there will be no garbage collection on Monday, December 26 th & Monday, January 2 nd. For the weeks of December 26 th and January 2 nd, garbage will be collected on the day following regularly scheduled collection day. Bulk items will be collected the week of January 2 nd. Referred to the Media 12/20/11 Jeff Tracy, Race Director, Lockport Family YMCA, 19 East Avenue, Lockport, NY request permission to conduct their 41 st annual Open Road Race on February 11, 2012. Referred to the Committee of the Whole Notice of Defect: 12/2/11 282 Lincoln Avenue, Lockport, NY tree Referred to the Highways & Parks Department. MOTIONS & RESOLUTIONS 122111.2 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 December 23, 2011. 186

122111.3 Resolved, that claims authorized for payment by the Director of Planning and Development, and subsequently paid from the Community Development Escrow Account, be and the same are hereby approved. 122111.4 Resolved, that the Mayor is hereby authorized to donate cell phones that are obsolete and no longer usable by the city to charitable organizations. 122111.5 Resolved, that the City Treasurer be and the same is hereby authorized and directed to transfer funds from under expended appropriations accounts to over expended accounts in the 2011 General, Water, and Sewer Fund budgets and to appropriate fund balance to the extent necessary to balance the budgets, and furthermore, report to the Common Council on those accounts having had transfers. 122111.6 Resolved, that the City Treasurer is hereby authorized and directed to transfer any balances remaining in 2011 budgetary accounts 01-9000-0800, 02-9000-800, and 03-9000- 800 (workers compensation) to their respective General, Water, and Sewer "Worker Compensation Reserve Fund" accounts. 122111.7 Resolved, that pursuant to the recommendation of the Board of Estimate & Apportionment the Manufacturers & Traders Trust Company, HSBC, J. P. Morgan Chase & Co. Bank, Key Bank, First Niagara Commercial Bank and Citizens Bank be designated as depositories of City funds for fiscal year 2012, provided said banks comply with the terms and conditions as set forth in the City of Lockport's Investment Policy. 122111.8 By Alderman Chapman: Resolved, that the bid proposal of Lock City Supply Inc., Lockport, NY, received on December 8, 2011 for water meters, being the only bid received, be accepted in the amount as reported in a communication from the City Clerk report of bid proposals. Cost of same to be charged to account #002 8340 0270 Water Meters. 187

122111.9 Resolved, that resolution #120606.15 relative to amending ambulance transport fees be further amended as follows: Delete: Insert: old rate structure "Effective January 1, 2012 the rate structure shall be: Description Rate No Transport/Intervention - Treat & Release $160.00 Basic Life Support Dead On Arrival (BLS DOA) $400.00 Basic Life Support (BLS) $600.00 Advanced Life Support l (ALS l) $800.00 Advanced Life Support ll (ALS ll) $900.00 Mileage $ 12.00 per mile." 122111.10A Whereas the City of Lockport Public Works would like to purchase a tandem dump truck for salting and hauling of asphalt, etc., and Whereas said truck is available under State Contract No. PC62176 for $158,612.08, and be it Resolved, that the Director of Engineering / Public Works, subject to Corporation Counsel approval, be and the same is hereby authorized and directed to purchase said truck at a cost of $158,612.08, and be it further, Resolved, that the City Treasurer be and the same is hereby authorized to arrange financing of same as part of the 2012 borrowing. 122111.10B WHEREAS, the New York State Deferred Compensation Board (the "Board"), pursuant to Section 5 of the New York State Finance Law ("Section 5") and the Regulations of the New York State Deferred Compensation Board (the "Regulations"), has promulgated the Plan Document of the Deferred Compensation Plan for Employees of City of Lockport (the "Model Plan") and offers the Model Plan for adoption by local employers; WHEREAS, the City of Lockport, pursuant to Section 5 and the Regulations, has adopted and currently administers the Model Plan known as the Deferred Compensation Plan for Employees of the City of Lockport; WHEREAS, effective December 7, 2007 the Board amended the Model Plan to adopt provisions Expanding the eligibility for unforeseeable emergency withdrawals 188

Permitting law enforcement officers, firefighters, members of a rescue squad or ambulance crew who have retired for service or disability to request a plan distribution of up to $3,000 annually to pay for health insurance or qualified longterm care premiums for themselves, their spouse or dependents. Permitting a beneficiary who is not the spouse of the deceased Participant to transfer their Plan account directly to an IRA. Permitting a Participant who is eligible for a distribution to rollover all or a portion of their Plan account to a Roth IRA. WHEREAS, the Board has offered for adoption the amended and restated Model Plan to each Model Plan sponsored by a local employer in accordance with the Regulations; and WHEREAS, upon due deliberation, the City of Lockport has concluded that it is prudent and appropriate to amend the Deferred Compensation Plan for Employees of the City of Lockport by adopting the amended Model Plan. NOW, THEREFORE, BE IT RESOLVED, that the City of Lockport hereby amends the Deferred Compensation Plan for Employees of the City of Lockport by adopting the amended Model Plan effective December 7, 2007, in the form attached hereto as Exhibit A. 122111.10C Resolved, that pursuant to their request, the Lockport Family Y.M.C.A. is hereby granted permission to conduct their 40 th Annual Y-10 Open Road Race and to close Market Street during the race and close East Avenue from Washburn Street to Elm Street at the beginning and end of the race on Saturday, February 11, 2012, subject to approval of the race route by the Police Chief and subject to filing a certificate of insurance with the City Clerk naming the City of Lockport as additional insured, and be it further Resolved, that the Highways & Parks Department is hereby authorized and directed to salt the streets in the City s portion of the race route if necessary, and to deliver barricades, cones, and "street closed" signs as required, and be it further Resolved, that the Traffic Captain is hereby directed to arrange for police support for said event. 122111.10D Whereas, a trust is in place for improvements to Outwater Park, and Whereas, a paved walkway was constructed for spectators to access seating and concessions at the Outwater Park Football field, now be it 189

Resolved, that the cost of materials as listed below will be charged to said fund with an account number of 005-0005-0096. LaFarge 2 Run of Crusher stone $885.34 Allied Builders Soil stabilization fabric $444.40 Woodsmith Fence New 20 gate $900.00 Cambria Asphalt Asphalt $4,643.71 Total $6,873.45 122111.10 ADJOURNMENT At 6:16 P.M. Alderman Pasceri moved the Common Council be adjourned until 6:00 P.M., Wednesday, January 4, 2012. RICHARD P. MULLANEY City Clerk 190