Town of
Royalton
Niagara County, NY
 Minutes 

December 14, 2009: Board Meeting Minutes

Body:

REGULAR BOARD MEETING

December 14, 2009

The Regular Board Meeting of the Town Board of the Town of Royalton was held on Monday, December 14, 2009, at the Royalton Town Hall, 5316 Royalton Center Road, Middleport, New York. The meeting was called to order by Supervisor Richard J. Lang at 8:20 PM. The pledge to the flag was recited at the Public Hearing immediately preceding this meeting.

 

The following were present:

 

Supervisor Richard J. Lang

Town Clerk Marie L. Little, RMC

Councilmen Jennifer Bieber, Daniel Bragg, James Budde, Bradley Rehwaldt

Highway Superintendent Terry Nieman

Water/Sewer Superintendent Daniel Morse

Assessor Thomas Arlington

Attorney Thomas Brandt

Also present were: See Attached Sheets

 

COMMUNICATIONS / PETITIONS

There were no communications to come before the Town Board at this time.

 

NEW BUSINESS

 

RESOLUTION 118-09

HIGHWAY DEPARTMENT - BID FOR EXCAVATOR

On a motion made by Councilwoman Bieber, seconded by Councilman Bragg, the following was

ADOPTED AYES 5 Lang, Bieber, Bragg, Budde, Rehwaldt

               NAYS 0 None MOTION CARRIED

Resolved to authorize Terry Nieman, Highway Superintendent, to prepare specifications for a new excavator for the Highway Department, and be it further resolved to authorize Mr. Nieman to put said specifications out to bid for this piece of equipment. 

 

RESOLUTION 119-09

BID AWARD - STATE STREET GRINDER PUMP STATION PROJECT

On a motion made by Councilwoman Bieber, seconded by Councilman Rehwaldt, the following was

ADOPTED AYES 5 Lang, Bieber, Bragg, Budde, Rehwaldt

               NAYS 0 None MOTION CARRIED

Resolved to award the bid for the State Street Grinder Pump Station Project to Milherst Construction at a cost not to exceed $38,465.82. Bid results are listed below:

  1. Milherst Construction $38,462.82
  2. Nichols, Long & Moore Construction Corp. $42,973.00
  3. E & R Contracting $43,500.00
  4. Babcock Utilities $50,000.00

 

RESOLUTION 120-09

CONTRACT FOR GRANT WRITING SERVICES

On a motion made by Councilman Bragg, seconded by Councilman Budde, the following was

ADOPTED AYES 5 Lang, Bieber, Bragg, Budde, Rehwaldt

               NAYS 0 None MOTION CARRIED

Resolved to authorize Supervisor Lang to enter into a contract with Ms. Anne Sisk /dba/ Grant Services of New York, for Grant Writing Services for the Town of Royalton at a cost not to exceed $18,000.00 for the period of January 1, 2010 through December 31, 2010.

 

RESOLUTION 121-09

YEAR END MEETING

On a motion made by Councilwoman Bieber, seconded by Councilman Budde, the following was

ADOPTED AYES 5 Lang, Bieber, Bragg, Budde, Rehwaldt

               NAYS 0 None MOTION CARRIED

Resolved to set the date for the Year End Meeting on Wednesday, December 30, 2009 at 9:00 AM.  

 

REGULAR BOARD MEETING

December 14, 2009

Page 2

 

RESOLUTION 122-09

OFFICIAL OATH OF OFFICE

On a motion made by Councilman Rehwaldt, seconded by Councilman Bragg, the following was

ADOPTED AYES 5 Lang, Bieber, Bragg, Budde, Rehwaldt

               NAYS 0 None MOTION CARRIED

Resolved to conduct the Official Oath of Office for the Newly Elected Officials for the Town of Royalton on Wednesday, December 30, 2009 immediately preceding the Year End Meeting.

 

RESOLUTION 123-09

ROYALTON UNION CEMETERY

On a motion made by Councilwoman Bieber, seconded by Councilman Budde, the following was

ADOPTED AYES 5 Lang, Bieber, Bragg, Budde, Rehwaldt

               NAYS 0 None MOTION CARRIED

Resolution to adopt the following: Town of Royalton, County of Niagara, State of New York

WHEREAS, there has been established in the town a cemetery known as the ROYALTON UNION CEMETERY ASSOCIATION, INC., which association maintains a public cemetery on Bunker Hill Road in Niagara County, New York and owns real property in said Town, and

WHEREAS, said association has under its care certain funds for perpetual care, permanent maintenance, special trust, general fund, deposited in the following banks; FIRST NIAGARA BANK

WHEREAS, the association has been and still is unable to procure sufficient income from above investments, the members of the association and from the representatives of the deceased persons interred in the cemetery.

WHEREAS, the cemetery association has requested that the TOWN OF ROYALTON, pursuant to Section 1506 (j) of the Not-for-Profit Corporation Law, accept the conveyance of the cemetery premises and transfer of assets.

RESOLVED, that the Town of Royalton accept the conveyance of the cemetery premises and the transfer of the assets from the cemetery association, such conveyance shall be subject to all agreements as to lots sold and all trust, restrictions and conditions upon the title or use of the real property or assets.

 

RESOLUTION 124-09

CONVEYANCE OF ROYALTON UNION CEMETERY

On a motion made by Councilman Rehwaldt, seconded by Councilman Bragg, the following was

ADOPTED AYES 5 Lang, Bieber, Bragg, Budde, Rehwaldt

               NAYS 0 None MOTION CARRIED

Resolved to accept the signed documents by the officers of the Royalton Union Cemetery Association, Inc. stating that they do hereby convey the assets and property of said Cemetery Corporation to the township for their management and maintenance.

 

RESOLUTION 125-09

TRANSFER OF FUNDS FROM ROYALTON UNION CEMETERY

On a motion made by Councilwoman Bieber, seconded by Councilman Budde, the following was

ADOPTED AYES 5 Lang, Bieber, Bragg, Budde, Rehwaldt

               NAYS 0 None MOTION CARRIED

Resolved to authorize Supervisor Richard J. Lang to go to First Niagara Bank with the former Treasurer of the Royalton Union Cemetery Association to accept the transfer of funds to the Town of Royalton.

 

TOWN BOARD MEETING

December 14, 2009

Page 3

 

RESOLUTION 126-09

LINE ITEM TRANSFERS - HIGHWAY DEPARTMENT

On a motion made by Councilman Rehwaldt, seconded by Councilman Bragg, the following was

ADOPTED AYES 5 Lang, Bieber, Bragg, Budde, Rehwaldt

               NAYS 0 None MOTION CARRIED

Resolved to authorize the following line item transfers for the Highway Department:

FROM SD8540.4 - Ditching, Contractual TO DB5110.4 - General Repairs in the amount of $382.89 for Diesel Fuel Usage. FROM DB5110.4 - General Repairs, Contractual TO DB5130.4 - Machinery, Contractual in the amount of $6,000.00.

FROM SD8540.1 - Drainage, Personal Services TO SD8540.4 - Drainage, Contractual in the amount of $2,200.00.

 

RESOLUTION 127-09

LIQUOR LICENSE RENEWAL

On a motion made by Councilwoman Bieber, seconded by Councilman Budde, the following was

ADOPTED AYES 5 Lang, Bieber, Bragg, Budde, Rehwaldt

               NAYS 0 None MOTION CARRIED

Resolved to accept for filing the Liquor License Renewal Application from Hoganey, Inc. /dba/ Canalside Inn.

 

RESOLUTION 128-09

STATE AID FOR RECREATION PROGRAM

On a motion made by Councilman Rehwaldt, seconded by Councilwoman Bieber, the following was

ADOPTED AYES 5 Lang, Bieber, Bragg, Budde, Rehwaldt

               NAYS 0 None MOTION CARRIED

Resolved to authorize Supervisor Richard J. Lang to submit the application to the NYS Office of Children and Family Services for approval for State Aid in the amount of $1,463.00 for our Recreation Program.

 

RESOLUTION 129-09

BID AWARD - SALT STORAGE BARN ROOF

On a motion made by Councilman Rehwaldt, seconded by Councilwoman Bieber, the following was

ADOPTED AYES 5 Lang, Bieber, Bragg, Budde, Rehwaldt

               NAYS 0 None MOTION CARRIED

Resolved that the Town of Royalton hereby awards the bid for the Replacement of the Salt Storage Barn Roof to

James Chutko Construction in the amount of $11,450.00 for the Metal Roof Alternative. The award of this project

is contingent on the contractor satisfying the Town Highway Superintendent and Engineer that he can meet the requirements of this project.

 

RESOLUTION 130-09

CONTRACT EXTENSION - TVGA CONSULTANTS

On a motion made by Councilwoman Bieber, seconded by Councilman Bragg, the following was

ADOPTED AYES 5 Lang, Bieber, Bragg, Budde, Rehwaldt

               NAYS 0 None MOTION CARRIED

Resolved to extend the On-Call Agreement for professional services provided to the Town of Royalton by TVGA Consultants through December 31, 2010.

 

RESOLUTION 131-09

AUDIT OF CLAIMS

On a motion made by Councilwoman Bieber, seconded by Councilman Rehwaldt, the following resolution was

ADOPTED AYES 5 Lang, Bieber, Bragg, Budde, Rehwaldt

               NAYS 0 None MOTION CARRIED

Resolved that the Town Clerk be and she hereby is authorized to draw a warrant upon the funds of the Supervisor in the amount of $112,937.21 covering vouchers #1233-1389 for Abstract #12 for the year 2009 for the Town Hall, Highway Department and the Water / Sewer Department.

 

TOWN BOARD MEETING

December 14, 2009

Page 4

 

UNFINISHED BUSINESS

There was no unfinished business to come before the board at this time.

 

PUBLIC COMMENT - GOOD & WELFARE OF THE COMMUNITY

Mr. Chris Steiner of the Roy-Hart Youth Softball/Baseball Program addressed the Town Board regarding their funding issues. Mr. Steiner stated that the Town of Hartland will no longer be providing the maintenance on the fields. Mr. Steiner asked the town board members for their assistance to open up a dialog with the Town of Hartland. Councilman Budde stated that we have no jurisdiction in another municipality. Discussion ensued regarding this issue. Supervisor Lang suggested that Mr. Steiner find someone within his group to assist him with this matter.

 

There being no further information to come before this board, a motion was made by Supervisor Lang, seconded by Councilman Rehwaldt and carried unanimously that the board enter in to an Executive Session at 8:35 PM for the purpose of discussing the "Medical, financial, credit or employment history of a particular person or corporation or relating to appointment, promotion, demotion, discipline or removal".

 

EXECUTIVE SESSION

Present: Supervisor Lang, Deputy Supervisor Bieber, Councilman Bragg, Councilman Budde, Councilman Rehwaldt, Attorney Brandt, Town Clerk Little

 

Supervisor Lang called the Executive Session to order at 8:38 PM. Discussion ensued regarding accumulated vacation credits for a particular employee. The Town Board members decided to pay the employee for the excessive hours so that they are not lost. This is consistent with the buy-back option as stated in the Employee Handbook.

 

There being no further information to come before this board, a motion was made by Councilwoman Bieber, seconded by Councilman Rehwaldt and carried unanimously that the Executive Session be adjourned at 9:00 PM and that they reconvene to the Regular Board Meeting.

 

A motion was made by Councilwoman Bieber, seconded by Councilman Budde and carried unanimously that the Regular Board Meeting be reconvened at 9:01 PM.

 

There being no further information or discussion to come before this board, a motion was made by Councilwoman Bieber, seconded by Councilman Rehwaldt and carried unanimously that the Regular Board Meeting be adjourned at 9:02 PM.

 

Respectfully Submitted,

Marie L. Little, RMC

Marie L. Little, RMC

Royalton Town Clerk