LOCKPORT – Legal research has determined that only a simple majority of the Lockport Common Council, not a five-vote supermajority, is needed to grant a special use permit for an electronic cigarette store, Mayor Anne E. McCaffrey said Tuesday.
Thus, when the Council votes at 6 p.m. today, four votes would be enough to grant Jordan Bork a permit to open his business in the front portion of the Hairport salon, 343 Walnut St. At a work session last week, four aldermen seemed to be in favor or leaning that way.
McCaffrey said Corporation Counsel John J. Ottaviano decided he was mistaken when he said five of the six aldermen needed to vote yes. Only four votes are needed, because it was the city Planning Board, not the county Planning Board, that recommended against the permit. Had it been the county board, a supermajority would have been mandatory.
McCaffrey said Ottaviano also decided that Council President Joseph C. Kibler doesn’t have to abstain on the vote. The owner of 343 Walnut is Dennis J. Stachera, chairman of Kibler’s campaign committee. The mayor said a Kibler vote wouldn’t violate the city code of ethics because Kibler has no financial interest in the building.