Town of
Royalton
Niagara County, NY
 Minutes 

September 10, 2012: Regular Board Meeting Minutes

Body:

REGULAR BOARD MEETING

September 10, 2012

 

The Regular Board Meeting of the Town of Royalton was held on Monday September 10, 2012, at the Royalton Town Hall, 5316 Royalton Center Road, Middleport, New York. The meeting was called to order by Supervisor Jennifer Bieber at 7:00 PM with the Pledge to the Flag.

 

The following were present:

Supervisor Jennifer Bieber

Deputy Supervisor Daphne Berg

Town Clerk Marie L. Little, RMC/CMC

Town Board Members Daniel Bragg, James Budde, Lee Criswell, Bradley Rehwaldt

Highway Superintendent Terry Nieman

Water/Sewer Superintendent Daniel Morse

Town Attorney Thomas H. Brandt

Also present were: See Attached Sheets

 

ADDITIONS OR CORRECTIONS TO THE MINUTES

 

There were no additions or corrections to the minutes as presented.

 

PUBLIC COMMENT - Agenda Items Only

Mr. Scott Wymczak addressed the Town Board regarding the public hearing being scheduled to hear and consider Local Law #3 for 2012 to "Override the Tax Levy Limit". Mr. Wymczak stated that he doesn't feel the timing is right as the board will be receiving the 2013 Tentative Budget the same evening as the hearing. Supervisor Bieber advised Mr. Wymczak that the board is trying to be pro-active in putting this local law in to place. While the board does not have any intention at this time to go over the 2% tax cap, if there is a missed calculation somewhere along the way that forces the total to go over, the town will face fines and penalties if the Local Law is not in place.

 

Supervisor Bieber introduced and welcomed Eagle Scouts Austin Dodge and Evan Kindron, who are here this evening working on a Merit Badge. Supervisor Bieber also introduced Mr. Jason Dodge, their Scout Leader.

 

COMMUNICATIONS / PETITIONS

 

Town Clerk Marie L. Little thanked everyone who had participated or donated to her "Relay for Life" team. The team raised a total of $1,260.00 for the American Cancer Society.

Town Clerk Little read a press release received from Niagara County Sheriff James R. Voutour regarding the new "Yellow Dot Program". This program is a free service that provides vital medical information to first responders in the case of an accident. The entire press release can be found on the town's website under "Public Safety". The kits are available at the Town Clerk's office.

Town Clerk Little read a flier regarding the Annual Niagara County Diabetes Screening Day scheduled for Wednesday, September 19, 2012. The flier can be found on the Town Clerks' board inside the Town Hall.

 

RESOLUTION 114-12

SUPERVISOR'S MONTHLY REPORT

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

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

               NAYS 0 None                                   MOTION CARRIED

 

Resolved to accept the Supervisor's Monthly Report for the month of August 2012.

 

REGULAR BOARD MEETING

September 10, 2012

Page 2

 

RESOLUTION 115-12

LOCAL LAW NO. 2 FOR THE YEAR 2012 - "RECYCLING CURBSIDE WASTE IN THE TOWN OF ROYALTON"

 

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

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

               NAYS 0 None                                   MOTION CARRIED

 

Resolved to adopt the Local Law #2 for the year 2012 entitled "Recycling Curbside Waste in the Town of Royalton".

 

RESOLUTION 116-12

PUBLIC HEARING - PRESENTATION OF 2013 TENTATIVE BUDGET

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

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

               NAYS 0 None                                   MOTION CARRIED

 

Resolved to schedule a Public Hearing date on Thursday, September 20, 2012 at 7:00 PM to present the Town of Royalton Tentative Budget for 2013.

 

RESOLUTION 117-12

PUBLIC HEARING - LOCAL LAW NO. 3 FOR 2012 - "OVERRIDE OF THE TAX LEVY LIMIT"

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

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

               NAYS 0 None                                   MOTION CARRIED

 

Resolved to schedule a Public Hearing date on Thursday, September 20, 2012 at 7:00 PM to hearing and consider Local Law #3 for the year 2012 entitled "Override of the Tax Levy Limit Established in General Municipal Law §3 - c for the Town of Royalton, Niagara County, for Fiscal Year 2013".

 

RESOLUTION 118-12

PUBLIC HEARING - PROPOSED TAX-EXEMPT FINANCING OF EQUIPMENT BY THE GASPORT CHEMICAL HOSE COMPANY, INC.

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

ADOPTED  AYES      4  Bieber, Budde, Criswell, Rehwaldt

               ABSTAIN  1 Bragg

               NAYS       0 None                           MOTION CARRIED

 

Resolved to schedule a Public Hearing on Monday, October 15, 2012, to hearing and consider the Proposed Tax-Exempt Financing of Equipment by the Gasport Chemical Hose Company, Inc.

(Fire Company to pay for publication of this notice.)

 

RESOLUTION 119-12

ADDITION OF BUDGETARY ACCOUNTS

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

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

               NAYS 0 None                                   MOTION CARRIED

 

Resolved to add the following Budgetary Accounts for amounts that had been intended in the Prior Year as follows:

 

REGULAR BOARD MEETING

September 10, 2012

Page 3 

 

RESOLUTION 119-12 Continued:

                                             Increase           Decrease

General Fund A

A9901.9C - Celebration Reserve   $1,500.00

A9901.9R - Retirement Reserve   $ 550.00

A599 - General Fund Balance                            $2,050.00

 

Highway Fund DB

DB9901.9R - Retirement Reserve $6,550.00

DB599 - Highway Fund Balance                          $6,550.00

 

Water Fund SW

SW9910.9R - Retirement Reserve $2,900.00

SW599 - Water Fund Balance                             $2,900.00

 

RESOLUTION 120-12

MEETING DATE CHANGE

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

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

              NAYS 0 None                                    MOTION CARRIED

 

Resolved to schedule the November Board Meeting for Monday, November 19, 2012 at 7:00 PM due to the Veterans Day Holiday.

 

RESOLUTION 121-12

NEW MEMBER - WOLCOTTSVILLE VOLUNTEER FIRE COMPANY

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

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

               NAYS 0 None                                   MOTION CARRIED

 

Resolved to accept Ms. Darlene Hudson as an Active Member of the Wolcottsville Volunteer Fire Company.

 

RESOLUTION 122-12

AUDIT OF CLAIMS

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

ADOPTED AYES 5 Bieber, Bragg, Budde, Criswell, 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 for Abstract #9 for the year 2012 in the amounts of:

Fund                Voucher #'                 s Total

A Fund             357 - 387                   $ 9,625.68

B Fund             74 - 78                       $ 4,325.81

DB Fund           281 - 317                   $159,334.10

SD Fund           24                             $ 33.62

SL Fund            8                              $ 1,155.17

SR Fund           ---                              $ 0.00

SS Fund           73 - 79                       $ 3,568.39

SW Fund          181 - 193                   $ 30,641.99

TOTAL                                             $208,684.76

 

REGULAR BOARD MEETING

September 10, 2012

Page 4

 

Attorney Brandt stated that the town has received a letter from the Niagara County Highway Superintendent directing Mr. Terry Nieman, Town of Royalton Highway Superintendent, to open an existing drainage ditch to permit free passage of water for the proper drainage of the Hollenbeck Road and Lincoln Avenue area of the Town of Royalton. The ditch in question is near house #5315 on Hollenbeck Road, proceeding east. This directive is pursuant to Highway Law of the State of New York, Article 7, Section 147.

 

Councilman Budde addressed this issue and stated that he feels the town should have been involved prior to going to the County Highway Superintendent for authorization. Mr. Nieman, Highway Superintendent, stated that the town was involved previous to this directive by the County. Attorney Brandt stated that he needed the letter from the County to contact the homeowner regarding this issue.

 

RESOLUTION 123-12

DRAINAGE ISSUE - HOLLENBECK ROAD & LINCOLN AVENUE

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

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

               NAYS 0 None                                   MOTION CARRIED

 

Resolved to authorize Attorney Thomas Brandt to contact the homeowner at 5315 Hollenbeck Road, in the Town of Royalton, to notify him of the directive from the Niagara County Highway Department, authorizing the Town of Royalton Highway Department access to his property to open the existing drainage ditch that is impeding free passage of water for the proper drainage of the Hollenbeck Road and Lincoln Avenue area of the Town of Royalton.

 

PUBLIC COMMENT - GOOD & WELFARE OF THE COMMUNITY

 

Supervisor Bieber asked if anyone had any additional questions or comments for the good and welfare of the community.

 

There being no further information to come before this board, a motion was made by Councilman Budde, seconded by Councilman Criswell and carried unanimously that the Regular Board Meeting be adjourned at 7:17 PM.

 

Respectfully submitted,

 

Marie L. Little, RMC/CMC

Marie L. Little, RMC/CMC

Royalton Town Clerk