July 25, 2018

A regularly scheduled work session of the Lockport Town Board was conductedat 1: 00 p. m. on Wednesday, July 25, 2018 at the Town Hall, 6560 DysingerRoad, 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, TownAttorney; Rob Klavoon, Wendel Engineering; and Judith A. Newbold, TownClerk.

Supervisor Crocker welcomed everyone and opened the meeting as follows:

1. Clerk

The Town Clerk shared correspondence from the New York State Department of

Transportation stating they will install a" bump sign" on northbound Transit Road,approaching the Erie/Niagara County line. The maintenance crews will install thesign as their schedule and resources allow.

She also received notification from the New York Public Interest Research GroupNYPIRG) stating they will be canvassing the Town of Lockport to educate the

public on voting rights, energy& the environment, government accountability,public health, consumer protection and higher education affordability. They are anon- for-profit agency and are exempt from the town vendor permits; however,they have submitted a listing of the individuals who will be going door to door.

A request was received from the Rapids Owl Landmark and Rededication

Committee for funding for the annual Rapids Community Day celebration whichwill be held at Rapids Volunteer Fire Company on August 25, 2018.

MOTION (2018- 160) to allocate$ 400. 00 to the Rapids Volunteer Fire Companyfor the annual Rapids Community Day celebration was made by CouncilmemberDufour and seconded by Councilmember Siejak. The motion was APPROVED:AYES- 5, NAYS- 0. Voting AYE: Crocker, Siejak, Dufour, Keough and DiCarlo.

The Town Clerk then reported she has received a request from the NYS Unified

Court System for a certified copy of the resolution approving the 2017 AnnualAudit which was completed by Lumsden & McCormick, LLP on behalf of thetown. Attorney Seaman stated the resolution should also include the review ofthe Justice Court.

MOTION (2018- 161) to approve the audit for the Town of Lockport, including thereview of the Justice Courts for the period ending December 31, 2017 was madeby Councilmember Siejak, seconded by Councilmember Keough. The motionwas APPROVED: AYES— 5, NAYS— 0. Voting AYE: Crocker, Dufour, Siejak,Keough and DiCarlo.

Councilmember Dufour added that Mr. Schiavone from Lumsden& McCormick

has offered to come to a future work session to review the accounting changesthat became effective January 1, 2018.

The Town Clerk then presented the New York State Comptroller' s Town of

Lockport- Justice Court Report of Examination for the period covering January 1,2016- October 11, 2017 to the Town Board for their consideration. AttorneySeaman explained the procedures for creating a" corrective action plan" that theTown will implement. He stated the court personnel have already implemented

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some corrective measures and the staff have been working on this plan.Councilmember Dufour feels the board should support the Court to balance and

properly record the missing items. She felt it may be helpful to have accountantsfrom Lumsden & McCormick develop an office procedure for reconciliations.Supervisor Crocker stated a meeting will be scheduled with the town courtpersonnel to start the process of developing the corrective action plan.

2. Attorney

Attorney Seaman presented several contracts from the Recreation Commissionfor consideration:

Shenandoah Acres Farm

MOTION ( 2018- 162) to approve an agreement with Shenandoah Acres Farm,

Ransomville, NY to provide a petting zoo for the Town' s Fall Festival on October 21,2018 at a cost of$ 400.00 for two hours and authorize the Supervisor to sign was

made by Councilmember Siejak, seconded by Councilmember Keough. The motionwas APPROVED. AYES— 5, NAYS— 0. Voting AYE: Crocker, Siejak, Dufour,Keough and DiCarlo.

Hartland Carriage, Ltd. ( Winterfest)

MOTION ( 2018- 163) to approve an agreement with Hartland Carriage, Ltd., Gasport,

NY to provide hay rides for the Town Winterfest at a cost of$ 300. 00 for the first hourand$ 100. 00 for each additional hour from 12: 00- 3:00 p. m. on November 25, 2018and authorize the Supervisor to sign was made by Councilmember DiCarlo,seconded by Councilmember Dufour. The motion was APPROVED. AYES— 5,NAYS— 0. Voting AYE: Crocker, Siejak, Dufour, Keough and DiCarlo.

Hartland Carriage, Ltd. ( Fall Festival)MOTION ( 2018- 164) to approve an agreement with Hartland Carriage, Ltd., Gasport,

NY to provide hay rides for the Town Fall Festival at a cost of$ 300.00 for the firsthour and $ 100. 00 for each additional hour from 1: 00- 3:00 p. m. on October 21, 2018and authorize the Supervisor to sign was made by Councilmember Keough,seconded by Councilmember DiCarlo. The motion was APPROVED. AYES— 5,NAYS— 0. Voting AYE: Crocker, Siejak, Dufour, Keough and DiCarlo.

Becker Farms

MOTION ( 2018- 165) to approve an agreement with Becker Farms to accept

discount coupons from Town residents in the amount of$ 2. 00 off the price of the

Hayride or Pumpkin Fiesta from September 15t through October 28th and authorize

the Supervisor to sign was made by Councilmember Dufour, seconded byCouncilmember Siejak. The motion was APPROVED. AYES— 5, NAYS— 0.

Voting AYE: Crocker, Siejak, Dufour, Keough and DiCarlo.

3. Engineer

Pump Station Rehab (Contract 167S)

Rob Klavoon updated the board on the progress of the Pump Station RehabProject. He stated the contractors will be spreading grass seed and plantings willbe made at various stations. The contractor feels this part of the project should

be held off until after Labor Day due to the dry weather conditions. Rob willcontact the residents in the area of the pump stations at Lincoln Gate,Worthington Ridge and Lincoln Woods.

City of Lockport Raw Water LineRob informed the board that the City of Lockport is replacing their raw water linefrom the treatment plant to Murphy Road. The lower half of the replacement willrequire an easement from the Town of Lockport as it is located in the town. Bids

will be held in October of 2018. Rob has informed the City of Lockport that thiseasement will be necessary.

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Snyder Drive Sidewalk Extension

Plans have been finalized for the Snyder Drive sidewalk extension. An easement

will be necessary for the southeast corner of Shimer& Snyder. SupervisorCrocker will work with Rob to obtain the necessary easement.

Town Court and State Police HVAC Upgrade

Rob distributed an engineering proposal for the HVAC improvements for thecourt system. The HVAC bid was awarded on July 9, 2018. This agreement isto provide the construction administration and construction observation for the

upgrade to the Town Court and state police HVAC system.

MOTION ( 2018- 166) 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

ENGINEERING SERVICES FOR

TOWN COURT HVAC IMPROVEMENTS

CONTRACT NO. 18- 3

WHEREAS, the Town of Lockport has awarded Contract No. 18- 3 for the general

construction portion of the Town Court HVAC Improvements, 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 July 25, 2018 for services duringconstruction, subject to the approval of the Town Attorney.

Town Highway Garage— EFIS RepairsRob then discussed the EFIS repairs that were completed at the Town Highwaygarage. The work had been awarded through the RFP process to Madar

Construction Company. The Highway Superintendent has inspected the workand Rob recommended final payment in the amount of$ 5, 900.00.

MOTION ( 2018- 167) on a motion by Councilmember DiCarlo, 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 TOWN HIGHWAY GARAGE EIFS REPAIR

WHEREAS, the Town of Lockport awarded a bid to Mader Construction Co., Inc.

in the amount of$ 11, 800. 00 for the Town Highway Garage EIFS Repair project,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 final payment of$ 5, 900.00 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.

Councilmember Siejak and Rob Klavoon discussed items that need to be

considered for the 2019 budget, including: Snyder Drive bridge project, concretesidewalk repairs at Town Hall, annual generator maintenance costs, pumpstation maintenance costs, natural gas cost for the 23 emergency generators

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installed at the sewer stations, repairs to the roof at Town Hall and repairs to theroof at Town Court. Councilmember Dufour added EFIS, facia and aluminum

soffit repairs at the Town Court and flooring in the hallways, vinyl base and doorsat town hall. Highway Superintendent, Dave Miller asked the board to consideran overlay on the parking lot at 6200 Robinson.

4. Highway Superintendent

Dave Miller reported Old Beattie has been paved and the shoulder will be addedsoon. The contractor to stripe the roads will begin around August 6th. Next week

the Highway Department will begin to mill Waterford, Cold Springs and StraussRoad.

5. Town Board

Councilmember DiCarlo thanked everyone who volunteered for Community Day onJuly 15, 2018. The new entertainer Michael Ross Nugent was well received by theresidents.

She thanked the Highway Department for planting the memorial trees at DayRoad Park. She reported six of the trees are being watched for stress. She willcontact the nursery for advice on establishing the trees.

CouncilmemberDufourthanked the Highway Department for leveling the towncommunity room for new carpeting to be installed. She asked that the GaskillSoccer sign be installed before fall. Supervisor Crocker added the town will be

expanding the Day Road Park soccer fields. Councilmember Keough remindedall that we may have to address the drainage issues in this area.

6. Supervisor

Supervisor Crocker asked the board to consider the upcoming expenses for theVolunteer Firefighter Enhanced Cancer Disability Benefits legislation and themunicipality' s role. Attorney Seaman advised that the municipality is required tohave a single price contract with the volunteer fire companies.

7. Executive Session

MOTION ( 2018- 168) to enter executive session at 1: 51 p. m. to confer with the TownAttorney regarding pending litigation was made by Councilmember Siejak, secondedby Councilmember Dufour. The motion was APPROVED. AYES— 5, NAYS— 0.Voting AYE: Crocker, Siejak, Dufour, Keough and DiCarlo.

Executive Session ended, Work Session reconvened

MOTION ( 2018- 169) to resume the work session and regular business meeting at2: 11 p. m. was made by Councilmember Dufour, seconded by CouncilmemberKeough. The motion was APPROVED. AYES— 5, NAYS— 0. Voting AYE:Crocker, Siejak, Dufour, Keough and DiCarlo. No action was taken during ExecutiveSession.

Attorney Seaman then asked the Town Board to consider a resolution toauthorize the attorneys representing the town's interest in the case of Mongielovs. Smith to settle the matter for a sum of$ 6, 000. 00.

MOTION ( 2018- 170) to authorize the Attorneys representing the Town of Lockport' sinterest in the case of Mongielo vs. Smith to settle the matter for a sum of$ 6,000.00

was made by Councilmember Keough, seconded by Councilmember Dufour. Themotion was APPROVED. AYES— 3, NAYS— 2. Voting AYE: Crocker, Keough,Dufour. NAYS— Siejak, DiCarlo.

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8. Adjournment

MOTION ( 2018- 171) to adjourn at 2: 13 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 and DiCarlo.

The Town Board will next meet at 1: 00 p. m. on Monday, August 6, 2018 at the TownHall, 6560 Dysinger Road, Lockport.

Respectfully Submitted,

Judith A. Newbold

Town Clerk