Town of
Royalton
Niagara County, NY
 Minutes 

October 18, 2010: Regular Board Meeting

Body:

REGULAR BOARD MEETING

October 18, 2010

The Regular Board Meeting of the Town Board of the Town of Royalton was held on Monday, October 18, 2010, at the Royalton Town Hall, 5316 Royalton Center Road, Middleport, New York. The meeting was called to order by Supervisor Richard J. Lang at 7:30 PM with the Pledge to the Flag.

 

The following were present:

Supervisor Richard J. Lang

Town Clerk Marie L. Little, RMC/CMC

Town Board Members Jennifer Bieber, Daniel Bragg, James Budde, Bradley Rehwaldt

Highway Superintendent Terry Nieman

Water/Sewer Superintendent Daniel Morse

Assessor Michael Hartman

Code Enforcement Officer Thomas Arlington

Attorney Thomas H. Brandt

Also present were: See Attached Sheets

 

ADDITIONS OR CORRECTIONS TO THE MINUTES

There were no additions or corrections to be made to the minutes as presented by the Town Clerk.

 

PUBLIC COMMENT - AGENDA ITEMS

Mr. Bob Groff, Chief for the Wolcottsville Volunteer Fire Company, addressed the town board and stated that they would like to see a one-year contract instead of a three-year contract for the fire company. Mr. Groff stated that he feels that there are still many issues to be resolved. Mr. Groff stated that there are a lot of gaps between a few of the fire companies and the village and the lighting district. Mr. Groff also stated that the fire chiefs should sign the fire contracts and not the presidents. Councilman Rehwaldt and Supervisor Lang both agreed that a one-year agreement would be beneficial. Councilman Budde concurred and asked if the issue had to go back to the Fire Advisory Board for consideration. Discussion ensued regarding this issue. Attorney Brandt stated that, legally, it does not have to go back to the Fire Advisory Board; it will be up to the Town Board. Councilman Budde asked Mr. Groff if he was suggesting that Wolcottsville VFC sign a one-year contract or if he was referring to all of the companies. Mr. Groff stated that it would be the whole package deal because the town would be allotting the money for the three-year period. Councilman Budde asked if Wolcottsville had any conversation with the other companies regarding this issue. Mr. Groff stated that they had not; it was directly coming from Wolcottsville. Mr. Groff stated that he feels that the Village of Middleport should be helping to pay for some of the Workers Compensation insurance and the physicals. Mr. Groff stated that if the current contract goes through, the town is not going to get that. Councilwoman Bieber stated that she has no problem with a one-year contract. Councilwoman Bieber stated that the Workers Compensation coverage is a state law and we don't have any choice in the matter. Mr. Groff stated that he was opposed to the board members appointed to the Fire Advisory Board who were asking for information and that Wolcottsville was the only company that complied. Supervisor Lang stated that some of the other companies did comply with the request. Discussion ensued regarding setting up another meeting with the fire companies and the fire advisory board. When the Fire Advisory Board last met, everyone left with the knowledge that there would be a three-year contact with a 3% increase per year. Councilman Budde suggested notifying the five (5) fire companies and advising them that the contract will be for a one (1) year period and that we can meet again if they deem it necessary. Councilman Rehwaldt stated that he feels that they should meet again and discuss these issues as they would not all be resolved in one meeting.

 

COMMUNICATIONS / PETITIONS

There were no communications or petitions to come before the board at this time.

 

NEW BUSINESS

RESOLUTION 139-10

PUBLIC HEARING FOR SPECIAL DISTRICTS ASSESSMENTS

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

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

NAYS 0 None MOTION CARRIED

 

Resolved to call for a Public Hearing for the Special Districts Assessments to levy any unpaid water, sewer, garbage fees and demolition work against the 2011 Tax Roll. Hearing to be held on November 8, 2010 at 7:00 PM.

 

REGULAR BOARD MEETING

October 18, 2010

Page 2

 

RESOLUTION 140-10

PUBLIC HEARING FOR SPECIAL BENEFIT ASSESSMENT ROLL

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

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

NAYS 0 None MOTION CARRIED

Resolved to call for a Public Hearing to hear and consider the Special Benefit Assessment Roll for 2011. Hearing to be held on November 8, 2010 at 7:05 PM.

 

RESOLUTION 141-10

PUBLIC HEARING FOR DOG CONTROL LICENSING AND CONTROL

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 call for a Public Hearing to hear and consider the amendments to the Dog Control Law for the Town of Royalton. This will be listed as Local Law No. 3 for the year 2010. Hearing to be held on November 8, 2010 at 7:10 PM.

 

RESOLUTION 142-10

PUBLIC HEARING FOR FIRE PROTECTION CONTRACTS

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

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

NAYS 0 None MOTION CARRIED

 

Resolved to call for a Public Hearing to hear and consider the new figures for the Town of Royalton Fire Protection Contracts. Hearing to be held on November 8, 2010 at 7:15 PM.

 

RESOLUTION 143-10

PUBLIC HEARING FOR 2011 BUDGET

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 call for a Public Hearing to hear and consider the 2011 Town of Royalton Budget. Hearing to be held on November 8, 2010 at 7:25 PM.

 

RESOLUTION 144-10

STATE AID - NYS OFFICE OF CHILDREN AND FAMILY SERVICES

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 $1,279.00 for our Recreation Program.

 

RESOLUTION 145-10

NEW YORK STATE JUSTICE COURT ASSISTANCE PROGRAM

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

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

NAYS 0 None MOTION CARRIED

 

Resolved to authorize and direct Supervisor Richard J. Lang to file an application for funds for a maximum of $30,000.00 from the New York State Justice Court Assistance Program (a division of the State of New York Unified Court System) and upon approval of said request, to enter in to and execute an agreement with the State for such financial assistance to the Town of Royalton, for the provision of TV/VIDEO EQUIPMENT, AUDIO/PA SYSTEM, AND A WALL SEAL for Court related purposes.

 

REGULAR BOARD MEETING

October 18, 2010

Page 3

 

RESOLUTION 146-10

CONTRACT EXTENSION - MODERN DISPOSAL REFUSE & RECYCLING

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 Supervisor Richard J. Lang to enter in to an agreement with Modern Disposal Services, Inc. to extend our current Refuse and Recycling Collection Contract for the period of January 1, 2011 through December 31, 2013.

 

RESOLUTION 147-10

ROAD DEDICATION ON BARDEN HOMES PROPERTY

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

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

NAYS 0 None MOTION CARRIED

 

Resolved to authorize the Town of Royalton to accept the dedication of the road on the Barden Homes property.

(Name of this road to be determined.)

 

RESOLUTION 148-10

DISSOLUTION OF GRANT WRITING CONTRACT

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 the dissolution of the Grant Writing Contract between the Town of Royalton and Ms. Anne Sisk of Grant Writing Services of New York.

 

RESOLUTION 149-10

TRICK OR TREATING HOURS

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 establish the hours for Trick or Treating in the Town of Royalton on Sunday, October 31, 2010 between 3:00 PM - 7:00 PM.

 

RESOLUTION 150-10

WOLCOTTSVILLE VOL. FIRE CO. - MEMBERSHIP CHANGES

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 accept the following membership changes for the Wolcottsville Fire Company:

Ms. Laura Shafer from a Social Member to an Active Member

Mr. Bruce Conley from an Active Member to a Social Member

 

RESOLUTION 151-10

TERRY'S CORNERS VOL. FIRE CO. - NEW MEMBER

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

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

NAYS 0 None MOTION CARRIED

 

Resolved to accept Mr. John Glaser as an Active Member of the Terry's Corners Volunteer Fire Co., Inc.

 

REGULAR BOARD MEETING

October 18, 2010

Page 4

 

RESOLUTION 152-10

SMOKE FREE PARKS IN THE TOWN OF ROYALTON

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 make all parks under the jurisdiction of the Town of Royalton a Smoke-Free Park and to install signage provided by the Erie-Niagara Tobacco-Free Coalition. (Full wording of actual resolution listed below.)

 

Councilwoman Bieber stated that this was brought up but not discussed at the work session and she wanted to make sure that this is just for the signage and asked if we are going to designate an area in the park that is for smokers. Supervisor Lang stated that this is for the whole park and that we are just asking people not to smoke in the parks but there will not be any formal enforcement.

 

TOWN OF ROYALTON SMOKE-FREE PARK AND PLAYGROUND RESOLUTION:

The Town of Royalton agrees to the adoption of the following policy designating all parks and recreation spaces under its jurisdiction to be 100% smoke-free.

WHEREAS, smoking is responsible for the premature deaths of over 430,000 Americans each year from lung cancer, heart disease, respiratory illness and other diseases; and

WHEREAS, secondhand smoke is responsible for over 50,000 deaths among non-smokers each year; and

WHEREAS, tobacco kills more Americans each year than alcohol, cocaine, crack, heroin, homicide, suicide, accidents, fires, and AIDS combined; and

WHEREAS, 80% of smokers started smoking before the age of 18, and the average initiation age is 12 years old; and

WHEREAS, everyday an estimated 3,900 young people under the age of 18 try their first cigarette and one-third of these children will die prematurely from tobacco-related illnesses; and

WHEREAS, to help role model non-smoking behavior to children and youth; to provide children, youth and their families with a safe, smoke-free environment;

THEREFORE BE IT RESOLVED that the Town of Royalton, State of New York, is committed to providing a high quality of living to all residents.

AND BE IT FURTHER RESOLVED that the Town of Royalton believes:

1. There is no safe level of exposure to secondhand smoke. It can cause asthma, respiratory infections, cancer and cardiovascular disease. Children should be able to play and exercise in the Town of Royalton Parks without being exposed to harmful effects of secondhand smoke.

2. Tobacco product use in the proximity of children, youth and adults engaging in or watching recreational activities is unhealthy and detrimental to the health of both the participants and observers.

3. Tobacco products, once consumed in public spaces, are often discarded on the ground, thus posing a risk of ingestion to children and causing a litter problem.

AND BE IT FURTHER RESOLVED that all of the Town of Royalton parks and recreation areas will adopt a 100% smoke-free policy.

COMPLIANCE

The enforcement of this policy is through voluntary compliance. Appropriate Town of Royalton park land, park facilities and open space will be signed indicating that the designated areas are smoke-free.

The Town of Royalton Supervisor will communicate with parks employees and officials, community organizers, leaders and coaches to discuss the policy and to distribute information.

The Town of Royalton parks staff will be responsible for promoting awareness of this policy.

Supervisor Richard J. Lang shall certify the adoption of this policy.

This policy will become effective November 1, 2010.

 

REGULAR BOARD MEETING

October 18, 2010

Page 5

 

RESOLUTION 153-10

TOWN JUSTICE COURT AUDIT FOR 3RD QUARTER

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 acknowledge that the Town Board members have examined and audited the 3rd Quarter Reports for the two (2) Town of Royalton Justice Courts.

 

RESOLUTION 154-10

CIVIL SERVICE TITLE CHANGE

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 change the Civil Service position title for Lorretta Criswell FROM Confidential Secretary to the Supervisor TO Account Clerk. This position will now be protected by Civil Service Law.

 

RESOLUTION 155-10

AUDIT OF CLAIMS

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

ADOPTED AYES 5 Lang, Bieber, Budde, Bragg, 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 $329,808.27 covering vouchers #1250-1404 for Abstract #10 for the year 2010 for the Town Hall, Highway Department and the

Water /Sewer Department.

 

UNFINISHED BUSINESS

Supervisor Lang asked if the board members had received the budget updates that were put in their mailboxes. Councilwoman Bieber addressed the issue of the DA fund and the use of the fund balance. Councilwoman Bieber stated that the monies in the DA fund were to be put away for a fund balance for bridge repair so that we don't have to borrow for issues in the future. Councilman Bragg stated that he did not receive a copy in his mail box and Councilman Rehwaldt offered to share his copy with him.

 

Councilman Rehwaldt asked if the monies will be used as a fund balance. Supervisor Lang stated that the budget was prepared two ways to show the budget figures. Councilman Rehwaldt asked if there was somewhere else that the monies could be put so that we have it to use for emergencies so that we don't have to borrow it like we did a few years ago, but not to look bad to an auditor like we have too much money in the account.

 

Highway Superintendent Nieman stated that we keep talking about setting up reserve funds for specific items. Mr. Nieman suggested that the monies be set aside as a reserve fund for bridges only instead of having the monies go in the fund balance in that line in the budget at the end of the year. This has been discussed but a reserve fund has never been set up for this purpose. Discussion continued regarding this issue. Mr. Nieman stated that it will be the same thing this year because he has two (2) projects that he will not get completed due to permit issues and those monies will go back in to the fund balance and not be dedicated to these projects. The board members were all in agreement to set up a reserve fund for the bridge account.

 

PUBLIC COMMENT - GOOD & WELFARE OF THE COMMUNITY

Mr. Scott Wymczak asked why the General Fund B is paying the Village of Middleport. Town Clerk Little stated that it is for the Speed Enforcement Contract. There were two (2) entries on the abstract because the bill was received after the last board meeting.

 

Town Clerk Little stated that she would like to call an Executive Session with the Town Board members 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.

 

A motion was made by Councilman Budde, seconded by Councilman Rehwaldt and carried unanimously that the board convene and Executive Session at 7:54 PM.

 

REGULAR BOARD MEETING

October 18, 2010

Page 6

 

EXECUTIVE SESSION

Attendees: Supervisor Lang, Councilwoman Bieber, Councilman Bragg, Councilman Budde, Councilman Rehwaldt, Water/Sewer Superintendent Morse, Attorney Brandt, and Town Clerk Little.

 

Discussion ensued regarding a situation pertaining to a particular employee. There was no action taken at this time.

 

A motion was made by Councilman Rehwaldt, seconded by Councilman Budde and carried unanimously that the Executive Session be adjourned and that the board reconvene to their Regular Board Meeting at 8:10 PM.

 

There being no further information or discussion to come before this board, a motion was made by Councilman Budde, seconded by Councilwoman Bieber and carried unanimously that the Regular Board Meeting be adjourned at 8:13 PM.

 

Respectfully Submitted,

Marie L. Little, RMC

Marie L. Little, RMC

Royalton Town Clerk