August 22, 2018

A regularly scheduled work session of the Lockport Town Board was conductedat 1: 00 p. m. on Wednesday, August 22, 2018 at the Town Hall, 6560 DysingerRoad, Lockport, New York.

Present were: Supervisor: Mark C. Crocker

Town Council Members: Paul W. SiejakPatricia Dufour

Thomas Keough

Darlene DiCarlo

Also present: Dave Miller, Highway Superintendent; Brian D. Seaman, TownAttorney; Rob Klavoon, Wendel Engineering; Brian Belson, Building Inspectorand Judith A. Newbold, Town Clerk.

Supervisor Crocker welcomed everyone and opened the meeting as follows:

1. Clerk— nothing to report

2. Attorney

Attorney Seaman presented a contract from the Recreation Commission forconsideration.

Ross Rental Bounce House

MOTION ( 2018- 180) to approve an agreement with J. C. Ross, Inc./ Ross Rental to

provide a bounce house for the Fall Festival celebration on Sunday, October 21,2018 from 1- 3 p. m. at a cost of$ 230. 00 and authorize the Supervisor to sign wasmade by Councilmember DiCarlo, seconded by Councilmember Dufour. The motionwas APPROVED. AYES— 5, NAYS— 0. Voting AYE: Crocker, Siejak, Dufour,Keough and DiCarlo.

3. Engineer

Town Hall Electrical Service( Request for Proposals)Rob Klavoon updated the Council on the progress of the town electrical service

running from the back mechanic shed to the pole on Old Beattie Road. Hestated NYSEG has reset the pole and the town will now need to requestproposals for the electrical service to pull the new wires through to the road. He

would like to have the specifications available by Friday, August 24, 2018 andhave a due date for proposals of September 12, 2018.

MOTION ( 2018-181) on a motion by Councilmember Siejak, and seconded byCouncilmember Keough, the following resolution was duly ADOPTED: AYES- 5,NAYS- 0. Voting AYE: Crocker, Siejak, Dufour, Keough and DiCarlo.

RESOLUTION

TOWN OF LOCKPORT

AUTHORIZE REQUEST FOR PROPOSALS FOR

TOWN HALL ELECTRICAL SERVICE

WHEREAS, the Town of Lockport has authorized Wendel, the Town' s Engineersto complete the RFP for the upgrade to the electrical service at the Town Hall,and

WHEREAS, Wendel has completed the required RFP package, now therefore beit

RESOLVED, that the Lockport Town Board authorizes that the request forproposals for the electrical service be available as follows:

Request for Proposals Available: Friday, August 24, 2018Written Proposals Due: Wednesday, September 12, 2018 at 1: 00 PM

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Bid Dates- Sanitary Sewer Assessment Sewer District No. 3 ( Contract 18- 6)Rob reminded everyone that the town has received a grant for$ 20, 000 from the

Niagara County Sewer District for sanitary sewer assessments. The next projectwill be the televising and flushing of Beattie Avenue and Buell Drive. He wouldlike to have specification books available on Friday, August 24, 2018 and set thebid date for September 13. 2018 at 10: 00 a. m.

MOTION ( 2018- 182) on a motion by Councilmember Keough, and seconded byCouncilmember DiCarlo, the following resolution was duly ADOPTED: AYES- 5,NAYS- 0. Voting AYE: Crocker, Siejak, Dufour. Keough and DiCarlo.

RESOLUTION

ADVERTISE FOR BIDS FOR VARIOUS SERVICE AREASSANITARY SEWER ASSESSMENT— SEWER DISTRICT NO. 3

CONTRACT NO. 18- 6

WHEREAS, the Town of Lockport has authorized Wendel, the Town' s Engineersto complete the plans and specifications for flushing and televising of sanitarysewer lines at two locations within the Town of Lockport on portions of BeattieAvenue and Buell Drive, and

WHEREAS, Wendel has completed the plans and specifications and hasobtained all necessary regulatory approvals, and now therefore be it

RESOLVED, that the Lockport Town Board authorizes the Town Clerk toadvertise for said bids as follows:

Books Available: Friday, August 24, 2018Bid Opening: Thursday, September 13, 2018 at 10: 00 AM

Phone Cabling and Hardware- Final CloseoutRob stated all work for the cabling and hardware installation and removal hasbeen completed by Working Knowledge. He would recommend closeout of thecontract and asked that the Town Board authorize final payment in the amount of

5. 326. 00 and sign the close out documents required by the contract.

MOTION ( 2018- 183) on a motion by Councilmember Keough, and seconded byCouncilmember Siejak, the following resolution was duly ADOPTED: AYES- 5,NAYS- 0. Voting AYE: Crocker, Siejak, Dufour, Keough and DiCarlo.

RESOLUTION

FINAL CLOSEOUT AND ACCEPTANCE

TOWN OF LOCKPORT PHONE CABLING AND HARDWARE

WHEREAS, the Town of Lockport awarded a bid to Working Knowledge in theamount of$ 17, 800. 00, for the Phone Cabling and Hardware Project, and

WHEREAS, this Board previously authorized Change Order No. 1 in the amountof$ 2, 370. 00 for a final Contract Price of$ 20, 170. 00, and

WHEREAS, Wendel, the Town' s Engineers have reviewed the project and find

that all matters required under the Contract have been satisfactorily completed,

NOW THERFORE BE IT RESOLVED that this Board authorizes the payment of

5, 236. 00 which represents the remaining balance owed under the Contract andbe it further

RESOLVED, the Town Supervisor is hereby authorized to sign any close outdocuments as required by the Contract.

Phone System Upgrade Project ( Contract 17- 4R)

Rob reported Comtel, who has implemented the phone system throughout all thebuildings in the Town, has completed all the work per the bid specifications. Rob

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asked the Board to authorize the final payment of$ 1, 945.22 and allow the

Supervisor to sign any close out documents necessary. He also stated there isan additional ten hours of labor, per the contract, for future issues with the phonesystem.

MOTION ( 2018- 184) on a motion by Councilmember Dufour, and seconded byCouncilmember DiCarlo, the following resolution was duly ADOPTED: AYES-5,NAYS- 0. Voting AYE: Crocker, Siejak, Dufour, Keough and DiCarlo.

RESOLUTION

FINAL CLOSEOUT AND ACCEPTANCE

CONTRACT 17- 4R

TOWN OF LOCKPORT PHONE SYSTEM UPGRADE PROJECT

WHEREAS, the Town of Lockport awarded a bid to Comtel in the amount of38, 904. 38, for the upgrade of the Town of Lockport Phone System, 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$ 1, 945. 22 which

represents the remaining balance owed under the Contract and be it further

RESOLVED, the Town Supervisor is hereby authorized to sign any close outdocuments as required by the Contract.

Phase 2B Sewer Project

Rob then discussed two grant applications that he is currently working on withMark Smith, Director of Economic Development. The first pertains to the Phase

2B Sewer Project generator installations. Much of the rehab work for this project

was not funded. There is a grant application due on September 7th for 1. 6 million

dollars that is available to municipalities.

MOTION ( 2018- 185) on a motion by Councilmember DiCarlo, and seconded byCouncilmember Keough, the following resolution was duly ADOPTED: AYES- 5,NAYS- 0. Voting AYE: Crocker, Siejak, Dufour, Keough and DiCarlo.

RESOLUTION

AUTHORIZE SUBMISSION OF CLEAN WATER INFRASTRUCTURE

IMPROVEMENT ACT( WIIA) GRANT APPLICATION

TOWN OF LOCKPORT

WHEREAS, grant funds and assistance are available through the NYS Clean

Water Infrastructure Act through the NYS Environmental Facilities Corporation,

including the Water Infrastructure Improvement ACT( WIIA) and the Clean WaterState Revolving Fund (CWSRF) and

WHEREAS, the Town of Lockport wishes to apply for said funds for the Town ofLockport CIP Phase 2B project,

NOW THERFORE BE IT RESOLVED that this Board authorizes Director of

Economic Development Marc Smith to sign and submit the grant application form

and any other documents required by the grant application.

Water System CIP Phase 2 Project

The second grant involves current projects that the town is undertaking. WicksRoad, Slayton Settlement and Lockport-Junction Road are currently underconstruction and would be considered grant eligible at 60% reimbursement of the

construction costs. Marc Smith, Director of Economic Development will submit

the application if approved.

MOTION (2018- 186) on a motion by Councilmember Keough, and seconded byCouncilmember DiCarlo, the following resolution was duly ADOPTED: AYES- 5,

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NAYS- 0. Voting AYE: Crocker, Siejak, Dufour, Keough and DiCarlo.

RESOLUTION

AUTHORIZE SUBMISSION OF DRINKING WATER INFRASTRUCTUREIMPROVEMENT ACT( WIIA) GRANT APPLICATION

TOWN OF LOCKPORT

WHEREAS, grant funds and assistance are available through the NYS CleanWater Infrastructure Act, through the NYS Environmental Facilities Corporation,

including the Water Infrastructure Improvement ACT( WIIA) and the DrinkingWater State Revolving Fund ( DWSRF) and

WHEREAS, the Town of Lockport wishes to apply for said funds for the Town ofLockport Water CIP Phase 2 project,

NOW THERFORE BE IT RESOLVED that this Board authorizes Director of

Economic Development Marc Smith to sign and submit the grant application form

and any other documents required by the grant application.

CIP Phase 2 Waterline Replacements( Contract 159W) Water District 3

Rob submitted an engineering proposal which consists of an administrativeportion and a construction portion for a total of$ 320, 000. 00. This proposal would

include all engineering services during construction. This project will takeapproximately 44 weeks to complete, including a number of temporary waterlines that will need to be installed and boring work that will need to be done underthe CSX Railroad tracks on Lockport-Junction Road.

MOTION ( 2018- 187) on a motion by Councilmember Keough, and seconded byCouncilmember Dufour, the following resolution was duly ADOPTED: AYES- 5,NAYS- 0. Voting AYE: Crocker, Siejak, Dufour, Keough and DiCarlo.

RESOLUTION

ENGINEERING SERVICES FOR

PHASE 2 WATERLINE REPLACEMENTS

CONTRACT NO. 159W

WHEREAS, the Town of Lockport has awarded Contract No. 159W for the

general construction portion of the replacement of waterlines on Wicks Road,portions of Slayton Settlement Road, and Lockport-Junction Road from UpperMountain Road to Lockport Road., now therefore be it

RESOLVED, that Supervisor of the Town of Lockport is hereby authorized tosign the agreement with Wendel WD Architecture, Engineering, Surveying&Landscape Architecture P. C. dated August 21, 2018 for services duringconstruction, subject to the approval of the Town Attorney.

Councilmember Siejak thanked Rob fort the update on current projects and

asked if there was any news on the Niagara County Transmission Main, Phase 2PCCP) Project. Rob reported the contractor, Concrete Applied Technologies

Company, will resume installation of the waterline approximately September 15th.At this time, they have appealed to the NYS Department of Transportation tocomplete the crossing of Transit Road at a more shallow depth. If the road isbored at 23 feet, the southeast and southwest corner will be substantially dug up,as opposed to the ramifications of a 10- foot depth. From the bypass to Transit,

the southbound turning lane will be eliminated during boring. At 23 feet deepthis process will change the time frame to approximately two months.Councilmember Siejak pointed out that the southeast corner is too restricted and

needs to be extended to allow for truck traffic. At this time many of the trucksthat turn the corner are driving up onto the curb. Rob stated he will inquire withthe NYS DOT to change the radius and extend the corner.

4. Brian Belson, Building InspectorBrian forwarded information to the Town Board regarding container homes. Nohomes can be built in the town unless they comply with all components of the

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NYS Building Code. At this time the Town does not specify the type of buildingmaterial as long as all applicable code sections are met. Councilmember Dufourstated she has received inquiries about the allowance of container homes in the

town as well. The Attorney advised that currently the town has restrictionsregarding the size of homes in a Residential 1 ( R1) District but the Town Boardcould consider passing a local law prohibiting the building of container homes inthe Town of Lockport. The members felt that although this issue will need more

consideration, they would like to protect the integrity of the currentneighborhoods. Councilmember Keough stated perhaps the Board should

consider some type of legislation concerning aesthetics in existingneighborhoods. The Board asked Attorney Seaman to draft a local lawprohibiting residents from building this type of storage container home in an R1Single Family Residential) Use District.

5. Highway Superintendent

Dave Miller reported he has received communications regarding a problem withthe Day Road Park underpass. The railroad trestle, which has a ten- footclearance, is causing issues with tractor trailers and RVs that are becoming stuckat the entrance to the bridge and are forced to back out onto Chestnut Ridge

Road. They are also causing damage to the neighboring properties whenattempting to turn around. They believe the problem is being caused when GPSdevices are routing individuals to this area and are unaware of the restrictiveheight of the bridge. The highway crew has added additional signs and trimmedany trees in the area. The railroad company will be repairing the bridge but willnot be changing the size or height. The Highway Superintendent would like toadd a flashing beacon above and below the" 10 foot height" sign. He hasrequested pricing from two companies and Rob Klavoon will forward a list ofadditional companies. Dave will bring quotes and suggestions to a futuremeeting. He will also bring quotes for additional signage on Bartz and CrosbyRoads. Councilmember Siejak and Attorney Seaman suggest that there beadditional signage coming from the other direction to allow vehicles to turn offbefore they get to the affected area.

Dave also received a letter from National Fuel stating that the Town is digging inthe right of way. All necessary digging executed by the Water Department to fixwater breaks is called into the Underground Facilities Protection Organization

UFPO). He will further consult with the Town Attorney on this matter.

He also reported he has one lane left on Strauss Road and has finished all other

paving. He has expended the paving budget for 2018. The contractors will finishstriping Hamm and Locust Street extension at night as the traffic is too congestedduring the day.

6. Town Board

Councilmember DiCarlo met with a photographer regarding new pictures for theCommunity Room in Town Hall. She showed two of the pictures that have beencompleted. They are considering one of the new YMCA and the Day Road ParkSanta House.

Supervisor Crocker reminded everyone that electronic recycling collection will bethis Saturday, August 25th from 9:00 a. m. to 1: 00 p. m. This is also the date forthe Rapids Community Day which will be held at Rapids Fire Company on PlankRoad. There will be a parade beginning at 11: 30 a. m. with festivities to follow.

Councilmember Siejak gave an update on the surplus equipment that was

taken to auction on May 12, 2018. The total cost recouped thus far is11, 304. 00. Some of the items included a 2010 Dodge Caravan and eleven

generators. The revenue was distributed as follows: $ 510.00 to the HighwayDepartment fund, $655. 50 went to the Sewer Department fund and $ 5500.00

was placed in the General fund.

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He also inquired if the Town Board needs to address the current ruling regardingbio solids. The Attorney added the Supreme Court in Albany County ruled thatDepartment of Agriculture and Markets was within their rights to determine that

the local law the Town of Wheatfield passed prohibiting residents from using biosolids on their fields in designated New York State Agriculture Districts was

unduly restrictive. He advised the Town Board could either refrain from action atthis time or pass a law prohibiting use outside of designated NYS AgricultureDistrict lands, and add verbiage that requires a DEC permit, setbacks, or other

regulations. He asked that they consider the options and act before the end ofthe year.

7. Supervisor

Supervisor Crocker reviewed the 2019 budget items that the Engineer has asked theTown Board to consider:

concrete sidewalks repairs for Town Hall

roof repairs at Town Court and Town Hall buildingsfascia repairs at Town Court and Town HallSnyder Drive Culvert Repairs

emergency generators at Town Hallparking lot repair/ repaving at 6200 RobinsonSnyder Drive sidewalks

canal walking trail ( Greenway Grant)flooring improvements- State Troopers buildingannual generator maintenance costs for sanitary sewerspump station maintenance costs

He also distributed a list of town officials and asked the Councilmembers to review

the list for any appointment terms that will expire at the end of the year.

He announced that Tri Town Ambulance, Inc. will be celebrating fifty years ofvolunteer service to the community in 2018.

8. Executive Session

MOTION ( 2018- 188) to enter executive session at 1: 56 p. m. for consultation with theTown Attorney and also to discuss matters concerning the employment of aparticular individual was made by Councilmember Siejak, seconded byCouncilmember DiCarlo. The motion was APPROVED. AYES— 5, NAYS— 0.Voting AYE: Crocker, Siejak, Dufour, Keough and DiCarlo.

Executive Session ended, Work Session reconvened

MOTION ( 2018- 189) to resume the work session and regular business meeting at2: 50 p. m. was made by Councilmember Keough, seconded by CouncilmemberDiCarlo. The motion was APPROVED. AYES— 4, NAYS— 0. Voting AYE: Siejak,Dufour, Keough and DiCarlo. No action was taken during Executive Session.

Supervisor Crocker left the meeting at 2: 45 p. m. to attend another previouslyscheduled meeting.

9. Adjournment

MOTION ( 2018- 190) to adjourn at 2: 50 p. m. was made by Councilmember Dufour,seconded by Councilmember Keough. The motion was APPROVED. AYES— 4,NAYS— 0. Voting AYE: Siejak, Dufour, Keough and DiCarlo.

The Town Board will next meet at 1: 00 p. m. on Tuesday, September 4, 2018 at theTown Hall, 6560 Dysinger Road, Lockport.

Respectfully Submitted,

Judith A. Newbold

Town Clerk