On the agenda: Lockport August 12, 2026 Minutes — Data Center (Aug 12)

CITY OF LOCKPORT
COMMON COUNCIL PROCEEDINGS
Lockport Municipal Building
Regular Meeting
Official Record

August 12h, 2026
6:00 P.M.

Mayor John Lombardi III called the meeting to order.
ROLL CALL
The following Common Council members answered the roll call:
Alderman Craig, Wyche, O’Malley, Fogle, Wiley and Kirchberger
INVOCATION – Pastor Steve O’Mara
ANNOUNCEMENTS
Recess for public input.
081226.1

RECESS
APPROVAL OF MINUTES

On motion of Alderman Wyche, seconded by Alderman Craig the minutes of the Regular
Meeting of July 22nd, 2026 are hereby approved as printed in the Journal of Proceedings.
Ayes 6 .
PUBLIC HEARING
The Mayor announced a public hearing for a proposed Local Law to Amend the Code of the
City of Lockport to provide a change in Zoning and Classification at 26 Market Street.
The Mayor asked the City Clerk if any petitions or communications relative to the proposed
Local Law have been received.
7/27/2026
Dr. Joseph Breloff, 418 Willow Street, sent in a letter is support of the proposed
Local Law.
8/10/2026
Patricia M. McGrath, 70 Lakeview Parkway, sent a letter in support.
8/12/2026
Virginia Ellis, Outwater, Drive sent in communication in support of the Local Law.
Recess for public input.
The Mayor closed the public hearing.
Appointments:
FROM THE CITY CLERK

FROM THE MAYOR

The Clerk submitted payrolls, bills for services and expenses, and reported that the
Department Heads submitted reports of labor performed in their departments.

Reviewed by the Finance Committee.
Communications (which have been forwarded to appropriate city officials)
7/21/2026
Notice from Town Board of Lockport NY, notifying the City of Lockport, that there
will be a Public Hearing on August 5th, 2026 at 6:30pm at the Town Hall, 6560 Dysinger Road,
Lockport NY, on the adoption of 3 separate Local Laws.
“Local Law Establishing a Moratorium on Data Center Permitting and Approval within the
Town for a Period of Eighteen Months”.
“Local Law Establishing a Moratorium on the Permitting and Approval of Cluster
Development Subdivisions within the Town for a period of Eighteen Months”
“Local Law to Set the Minimum Lot Width in the Single Family Residential Use District to
100 feet”.
7/22/2026
Jeremy Beidle,157 Olcott Street, Lockport, NY, wrote in with an urgent request
for the removal of a hazardous tree.
7/27/2026
Anthony Molinaro, Assistant Principal, Lockport High School wrote a letter
requesting permission to hold this year’s Homecoming Parade on Saturday September 19th,
2026
MOTIONS AND RESOLUTIONS
081226.2
By Alderman Craig:
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 August 13th, 2026
Seconded by Alderman Kirchberger and adopted. Ayes 6.
081226.3
By Alderman Wiley:
Resolved, that the Mayor and Common Council do hereby extend congratulations and
appreciation to the following City employees for their years of dedicated service to the City of
Lockport:
Employee
Jon Fredrickson
Aric Morgan
Jeremy Antonik
Andrew Learn

Years of Service
5
20
10
10

Title
Firefighter
Police Officer
Fire Hydrant Maintenance Worker
Senior Water Treatment Plant Operator

Seconded by Alderman Fogle and adopted. Ayes 6.

Alderman Kirchberger moved to waive the reading of the minutes of the foregoing resolution.
Seconded by Alderman Wyche. Ayes 6.
081226.4
By Alderman Fogle:

State Environmental Quality Review Act
Determination of Non-Significance and Negative Declaration

Adoption of Proposed Rezone of the 26 Market St Parcel from its Existing Classification
of Mixed Light Industrial (MLI) to Mixed-Use Downtown (MU-D)
Whereas, pursuant to Chapter 190 (Zoning) of the Lockport City Code (“Zoning Code”) §
190-46.1, the City of Lockport Common Council is vested with the authority to amend the Zoning
Code; and
Whereas, the Common Council seeks to amend § 190-11.3(A) as the Official Zoning Map
of the City of Lockport, to provide for a change in zoning classification of a parcel of land identified
as 26 Market Street, Lockport, NY 14094, SBL No. 109.55-1-5, (“Property”) from its existing
classification of Mixed Light Industrial (MLI) to Mixed Use – Downtown (MU-D); and
Whereas, the Property is a parking lot serving 4 Market Street also known as the Bewley
Building, a five-story, wedge-shaped commercial block building with a rusticated ashlar stone
base and brick upper floors, as well as incorporation of stone from a 19th century opera house
that once stood on the site, and the Bewley Building is at the center of the City’s downtown core
history, as it has been listed on the State and National Register of Historic Places for almost a
decade; and
Whereas, the Property and Bewley Building parcel are under common ownership and the
parking on the Property serves the Bewley Building; and
Whereas, the Bewley Building parcel is zoned MU-D but the abutting Property is zoned
MLI, which makes both continued operations and any potential redevelopment or adaptive reuse
of this significant and historic part of the City overly cumbersome; and
Whereas, the proposed amendment will align the zoning of abutting parcels to MLI, which
will further zoning, DRI, and Comprehensive Plan initiatives that ensure the growth and stability
of the downtown core and City as a whole; and
Whereas, the Common Council has determined that the proposed amendment
constitutes an unlisted action pursuant to State Environmental Quality Review Act (SEQRA)
regulations 6 NYCRR 617.7; and
Whereas, any development of the Bewley Building and/or Property, as well as a sale
between private parties for the Bewley Building and/or Property that results in a development,
will require independent environmental review under SEQRA, and independent site plan or
special use permit review as set forth in the Zoning Code; and
Whereas, the Common Council, as lead agency, duly considered the proposed
amendment, including completion of parts 1, 2, and 3 of the Short Environmental Assessment
Form, the criteria for determining significance as set forth in 6 NYCRR § 617.7(c) of the SEQRA
regulations, and such other information deemed appropriate, including public comments
received at or before the public hearing on August 12, 2026, took a hard look at those relevant
areas of environmental concern, and determined that the proposed amendment will not result in
any significant adverse environmental impact.
Now, therefore, be it resolved that the Common Council, as Lead Agency declares:
1. Based upon a thorough review and examination of the known facts relating to the
proposed amendment, all potentially significant adverse environmental impacts, and the
Application materials submitted together with the entire record and proceedings, the

Common Council, as Lead Agency, determines that the proposed amendment will not
have a significant adverse impact on the environment, that a draft environmental impact
statement will not be prepared, and, as a result, the Common Council, as Lead Agency
hereby issues a Negative Declaration of environmental significance.
2. The attached Short Environmental Assessment Forms Parts 1, 2, and 3, incorporated
herein by reference, is incorporated herein and made part of this Negative Declaration.
081226.5
By Alderman Fogle:

Seconded by Alderman Wiley and adopted. Ayes 6.

Resolved that the following Local Law be and the same is hereby adopted:
LOCAL LAW NO. 2 OF THE YEAR 2026
CITY OF LOCKPORT
COUNTY OF NIAGARA, STATE OF NEW YORK
A Local Law Amending the Zoning Code of the City of Lockport, New York to Provide a
Change in Classification of a Parcel of Land Identified as 26 Market Street
Whereas, on March 26, 2025, the City of Lockport adopted a comprehensive update to
Chapter 190 (ZONING) of the City Code and the Official Zoning Map, Local Law No. 1 of 2025;
and
Whereas, in furtherance of the City’s Comprehensive Plan, Downtown Revitalization
Initiative (DRI), and health, safety, and welfare of this community, the City Common Council
seeks to exercise its right to amend the City Zoning Code; and
Whereas, pursuant to Zoning Code § 190-46.1 the City of Lockport Common Council is
vested with the authority to amend the Zoning Code; and
Whereas, the owner of the property seeks to amend § 190-11.3(A) as the Official Zoning
Map of the City of Lockport, to provide for a change in zoning classification of a parcel of land
identified as 26 Market Street, Lockport, NY 14094, SBL No. 109.55-1-5, (“Property”) from its
existing classification of Mixed Light Industrial (MLI) to Mixed Use – Downtown (MU-D); and
Whereas, the Property is a parking lot serving 4 Market Street also known as the Bewley
Building, a five-story, wedge-shaped commercial block building with a rusticated ashlar stone
base and brick upper floors, as well as incorporation of stone from a 19th century opera house
that once stood on the site, and the Bewley Building is at the center of the City’s downtown core
history, as it has been listed on the State and National Register of Historic Places for almost a
decade; and
Whereas, the proposed amendment will align the zoning of abutting parcels to MLI,; and
Whereas, the Common Council referred and the Planning Bord reviewed the proposed
amendment on June 1, 2026, and
Whereas, pursuant to General Municipal Law § 239-m and the Intermunicipal Agreement
with the Niagara County Planning Board, a full statement of the proposed amendment was
referred to the Niagara County Planning Board; and
Whereas, on May 18, 2026, the Niagara County Planning Board determined that the
rezoning had no significant countywide or inter-community impact, referral No. 7046; and
Whereas, the Common Council held a duly noticed public hearing on Wednesday August
12, 2026, at which all persons who wished to speak were heard; and

Whereas, the Common Council has determined that the proposed amendment
constitutes an unlisted action pursuant to State Environmental Quality Review Act (SEQRA)
regulations 6 NYCRR 617.7; and
Whereas, the Common Council, as lead agency, duly considered the proposed
amendment, including all parts of the Short Environmental Assessment Form, the criteria for
determining significance as set forth in 6 NYCRR § 617.7(c) of the SEQRA regulations, and such
other information deemed appropriate, including public comments received at or before the
public hearing on August 12, 2026, took a hard look at those relevant areas of environmental
concern, and determined that the proposed amendment will not result in any significant adverse
environmental impact; and
Whereas, the Common Council finds that the proposed amendment is in accordance
with the City’s Comprehensive Plan, Zoning Code, DRI and satisfies the Review Criteria as set
forth in Zoning Code § 190-46.1.F; now therefore
Be it enacted by the Common Council of the City of Lockport as Follows:
Authority: This Local Law is hereby adopted pursuant to Municipal Home Rule Law § 10 and
General City Law § 20(24).
Rezoning A Certain Parcel from Mixed Use – Downtown (MU-D)
The City of Lockport Code, as contained in Chapter 190, more particularly designated in §
190.11.3(A) as the “Official Zoning Map of the City of Lockport,” shall be amended to provide
for a change in the Zoning Map whereby the Zoning Classification of:
26 Market Street, Lockport, NY 14094, SBL No. 109.55-1-5
is hereby amended and rezoned from its existing classification of Mixed Light Industrial (MLI)
to Mixed Use – Downtown (MU-D).
Additional Permits. This Resolution only adopts the Local Law changing the zoning
classification. Any future development of the property shall be in full compliance with all City
and State laws and requirements.
Filing: This Local Law shall take effect immediately upon filing with the Secretary of State.
The question of the foregoing local law was duly put to a vote on roll call vote, which resulted as
follows:
Alderman Craig: No
Alderman Wyche: No
Alderman O’Malley: No
Alderman Fogle: Yes
Alderman Wiley: No
Alderman Kirchberger: No
Motion denied.
081226.6
By Alderman Craig:
Resolution to Approve10th Annual International Overdose Awareness Day Rally at
Veteran's Memorial Park
Resolved, that pursuant to the request of the organizers, permission is hereby granted
to Independent Living of Niagara, Addict 2 Addict (A2A), Family 2 Family Niagara, and the
Lockport Overdose Rally Committee to conduct the 10th Annual International Overdose
Awareness Day Rally on Monday, August 31, 2026, from 5:00 p.m. until approximately 8:00
p.m., at Veteran's Memorial Park, 400 East Avenue, Lockport, New York; and be it further

Resolved, that the event shall include overdose awareness activities, educational
resources, Narcan training, testimonials, a remembrance table, and a flameless candlelight
vigil; and be it further
Resolved, that this approval is contingent upon the organizers filing with the City Clerk
a Certificate of Insurance naming the City of Lockport as an additional insured,
Seconded by Alderman Wyche and adopted. Ayes 6.
081226.7
By Alderman Kirchberger:
Approval of Community Tailgate Fundraiser and Main Street Closure – October 12, 2026
Resolved, that pursuant to their request, permission is hereby granted to Lockport Main
Street, in conjunction with Bills Elvis (John Lang), Lock 34 Bar & Grill, and Gonzos, to conduct
a Community Tailgate Fundraiser in support of local charities, including the Challenger Sports
League, on Monday, October 12, 2026, from 12:00 p.m. until approximately 7:00 p.m., on Main
Street between Cottage Street and Locust Street; and be it further
Resolved, that the following requests are hereby approved:
•

•
•
•
•
•
•

Temporary closure of Main Street to through traffic from Cottage Street to Pine Street
and from Pine Street to Locust Street during the event, subject to the approval of the
Chief of Police;
Temporary No Parking Zone on Main Street from 6:00 a.m. to 7:00 p.m. on October 12,
2026, with appropriate signage;
Placement of portable sanitation units along Main Street;
Authorization for the Director of Highways and Parks to provide and arrange delivery
and pickup of barricades and refuse containers for the event;
Permission to utilize available electrical service at the City light posts, subject to
approval by the appropriate City department;
Permission to utilize the City Stage;
Invitation for participation by the Lockport Police Department and Lockport Fire
Department, subject to departmental availability; and be it further

Resolved, that the Common Council hereby approves a waiver of the City's Open
Container Law for the duration of the event within the approved event area, contingent upon all
participating vendors obtaining the required New York State Liquor Authority Temporary Beer,
Wine, and Cider Permits, complying with all applicable State and local laws, and operating only
within the licensed premises approved by the NYS Liquor Authority; and be it further
Resolved, that this approval is contingent upon the organizers filing with the City Clerk a
Certificate of Insurance naming the City of Lockport as an additional insured.
Seconded by Alderman O’Malley and adopted. Ayes 6.

081226.8
By Alderman O’Malley:

Approval of First African Methodist Episcopal Church Community Day

Resolved, that pursuant to their request, permission is hereby granted to First African
Methodist Episcopal Church to conduct its Community Day 2026 on Sunday, September 20,
2026, from 12:30 p.m. to 4:00 p.m., at 123 South Street, Lockport; and be it further
Resolved, that approval includes the temporary closure of South Street between
Washburn Street and Locust Street during the event, subject to the approval of the Chief of
Police; and be it further
Resolved, that this approval is contingent upon the organizers complying with all
applicable City ordinances and departmental requirements and filing with the City Clerk a
Certificate of Insurance naming the City of Lockport as an additional insured.
Seconded by Alderman Fogle and adopted. Ayes 6.
081226.9
By Alderman O’Malley:

Niagara County Fair Banner

Resolved, that pursuant to their request, Cornell Cooperative Extension is hereby
granted permission to erect a banner across East Avenue at Davison Road at least 17 feet
from the ground to promote the Niagara County Fair to be held from August 5th through August
9th, 2026. Said permission is subject to the Cornell Cooperative Extension filing a certificate of
insurance with the City Clerk naming the City of Lockport as additional insured and subject to
payment of $250, payable to the City of Lockport.
Seconded by Alderman Craig and adopted. Ayes 6.

081226.10
By Alderman O’Malley:

Resolution to Approve Gospel Festival at Prayer Room Ministries
Whereas, Secured By Grace Protection Agency has partnered with The Prayer Room
Ministries to host a Gospel Festival at 440 Hawley Street, Lockport, New York, on Saturday,
September 26, 2026 from 4:00-8:00pm; and
Whereas, the organizers have requested permission to conduct the event at this
location and to temporarily close Hawley Street between Corinthia Street and Grand Street to
accommodate anticipated attendance and ensure the safety of participants and the public;
Resolved, that the Common Council of the City of Lockport hereby approves the
request, contingent upon filing a Certificate of Insurance with the City Clerk naming the City of
Lockport as an additional insured; and be it further
Resolved, that the Director of Highways and Parks is hereby authorized and directed to
coordinate with the event organizers and provide the necessary barricades to facilitate the
temporary closure of Hawley Street between Corinthia Street and Grand Street for the duration
of the event.
Seconded by Alderman Kirchberger and adopted. Ayes 6.
081226.11
By Alderman O’Malley:
Ida Fritz Park Anniversary Celebration

Resolved, that pursuant to the request, permission is hereby granted to conduct an Ida
Fritz Park Anniversary Celebration on Saturday, August 29, 2026, at Ida Fritz Park; and be it
further
Resolved, that the event may include food vendors and food trucks, amplified music,
entertainment, and other family-friendly activities, subject to compliance with all applicable City
codes, permits, inspections; and be it further
Resolved, that the Director of Highways and Parks is hereby authorized and directed to
coordinate with the event organizers and provide available City equipment and services as
necessary for the event, including barricades, picnic tables and refuse containers.
Resolved, that this approval is contingent upon the event organizers filing a Certificate
of Insurance with the City Clerk naming the City of Lockport as an additional insured.
Seconded by Alderman O’Malley and adopted. Ayes 6.
081226.12
By Alderman O’Malley:
Authorize Tax Lien Foreclosure and Proceeds Sharing Agreement with Niagara County
Whereas, the City of Lockport has instituted an action In Rem for the foreclosure of
certain tax liens against various parcels of real property within the City of Lockport, pursuant to
the City of Lockport Charter and Article 11, title 3 of the Real Property Tax Law of the State
New York, and
Whereas, the County of Niagara has a claim for Niagara County tax liens against all or
some of the parcels of real property which are the subject of said action, and
Whereas, the provisions of the Real Property Tax Law authorize tax districts having an
interest by way of tax lien in real property, such as the City of Lockport and County of Niagara,
to enter into an agreement making provision for the sale of real property without public sale
and for the sharing of the net proceeds of such sale between the City of Lockport and the
County of Niagara, and
Whereas, the City of Lockport has tendered to the County of Niagara such an
agreement, which, among other things, provides that the interests of said City and this County
in each parcel and in the proceeds of any sale of such parcel shall be apportioned based on
the fraction that the unpaid taxes, tax liens and other charges accessible against the parcel
owed to or owned by the City and County respectively bear to the total City and County taxes,
tax liens and other such charges, but without reference to the penalties or interest accrued on
any unpaid tax or tax lien, and
Whereas, the proposed agreement is fair and reasonable and allows the County to
avoid the cost and expense of a separate In Rem foreclosure action against the same parcels,
now, therefore, be it
Resolved, that the City of Lockport Common Council finds and determines that the
proposed agreement, a true copy of which is attached to the Clerk’s file copy of this resolution,
is fair and reasonable in all respects and advances the interests of the City of Lockport in its
collection of taxes and tax liens on real property located within the City of Lockport, and it be
further
Resolved, that the Mayor is authorized and directed to execute and deliver said
agreement on behalf of the City of Lockport.
2024 In Rem Action, Index No. E185969/2025
Seconded by Alderman Craig and adopted. Ayes 6.

081226.13
By Alderman Wiley:
Resolution to Approve School Resource Officer Contract Renewal
Whereas, the City of Lockport and the Lockport City School District recognize the
importance of maintaining a safe and secure learning environment for students, staff, and
visitors; and
Whereas, the continued assignment of School Resource Officers (SROs) promotes
school safety, strengthens relationships between law enforcement and the school community,
and provides valuable support to students and faculty; and
Whereas, the City of Lockport and the Lockport City School District have negotiated a
new School Resource Officer Agreement providing for the assignment of two (2) School
Resource Officers for a twenty-four (24) month term beginning July 1, 2026 and ending June
30, 2028; and
Whereas, pursuant to the Agreement, the Lockport City School District shall reimburse
the City of Lockport for the services of the School Resource Officers in the amount of $105,000
per School Resource Officer for the first year of the Agreement and $115,500 per School
Resource Officer for the second year of the Agreement, with the City remaining responsible for
all compensation, benefits, and employment-related costs associated with the officers;
Now therefore be it resolved, that the Mayor is hereby authorized to execute the
School Resource Officer Agreement between the City of Lockport and the Lockport City
School District, subject to review and approval by the Corporation Counsel.
Seconded by Alderman Wyche and adopted. Ayes 6.
081226.14 Withdrawn (Consolidation of Tree and Parks Committees)
081226.15
By Alderman Wyche:
Resolution to Approve Grant Street Block Party
Resolved, that pursuant to their request, permission is hereby granted the residents of
Grant Street to barricade their Street, at the Beattie and Grant Street intersection, on August
23rd, 2026 from 3-8pm for a block party, and be it further
Resolved, that the Director of Highways and Parks be and the same is hereby
authorized and directed to arrange for delivery of barricades to said area at 9am to 9pm prior
to said event.
Seconded by Alderman Kirchberger and adopted. Ayes 6.
081226.16
By Alderman Wyche:
Resolved, that pursuant to Corporation Counsel approval, the Chief Operator- Water
Filtration Plant is authorized to go out to bid and/or enter into a purchasing contract for the
purchase of chemicals.
Seconded by Alderman Craig and adopted. Ayes 6.

081226.17
By Alderman O’Malley:
Whereas, pursuant to General City Law §20(3) and the City’s Donation Acceptance
Policy adopted by Resolution 072226.12, the city may accept donations for municipal
purposes, now therefor be it
Resolved, that the Mayor and Common Council hereby gratefully accept a donation of
$400.00 from the Navy Marine Club and Navy Auxiliary Club Ship #110 to be used for the
purchase of flowers for City-wide planting; and be it further
Resolved, that the FY 202fund Budget is hereby amended as follows:
Increase revenues:
A-3120-32705
Donations
Increase appropriations:
A-3120-54510
Beautification

$400.00
$400.00

Seconded by Alderman Craig and adopted. Ayes 6.
081226.18

ADJOURNMENT

At 7:25pm Alderman O’Malley moved the Common Council be adjourned until 6:00pm,
Wednesday, August 26th, 2026.
Seconded by Alderman Fogle and adopted. Ayes 6.
Emily Stoddard
City Clerk