Town of
Royalton
Niagara County, NY
 Minutes 

October 15, 2012: Board Meeting Minutes

Body:

REGULAR BOARD MEETING

October 15, 2012

 

The Regular Board Meeting of the Town of Royalton was held on Monday, October 15, 2012, at the Royalton Town Hall, 5316 Royalton Center Road, Middleport, New York. The meeting was called to order by Supervisor Jennifer Bieber at 7:03 PM. The Pledge to the Flag was recited at the Public Hearing immediately preceding this meeting.

 

The following were present:

Supervisor Jennifer H. Bieber

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

 

PUBLIC COMMENT - Agenda Items Only

Mr. James Kelly addressed the town board members and asked if there is anything preventing them from holding the public hearing on the budget earlier than November 19th. Supervisor Bieber stated that she is hoping to hold it sooner, but they are waiting on the particulars from the Union Contract negotiations. Supervisor Bieber stated that she plans to hold one (1) more Budget Workshop.

 

COMMUNICATIONS / PETITIONS

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

 

NEW BUSINESS

RESOLUTION 126-12

GASPORT CHEMICAL HOSE CO. - MASTER INSTALLMENT PURCHASE AGREEMENT

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

ADOPTED AYES 4 Bieber, Budde, Criswell, Rehwaldt

NAYS 0 None

ABSTAIN 1 Bragg MOTION CARRIED

 

Resolved to authorize Supervisor Jennifer H. Bieber to approve the entering into by the Gasport Chemical Hose Company, Inc., of a Master Installment Purchase Agreement an aggregate principal amount not to exceed $100,000.00 to finance equipment consisting of one (1) 2012 Ford, Model F550 Custom Built Light Rescue/Utility Truck, which is to be located at 8412 State Street, Gasport, New York, and thereto in an aggregate principal amount not to exceed $100,000.00.

 

RESOLUTION 127-12

BUDGET AMENDMENTS - HIGHWAY DEPARTMENT

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

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

NAYS 0 None MOTION CARRIED

 

Resolved to authorize Budget Amendments to the Highway Department budget as follows:

FROM: DB770 - Revenue Account $15,758.50 TO: DB5110.4 - Repairs, Contractual $15,758.50

This amount is for the monies collected for Culvert Pipe Installation in 2012.

FROM: DB770 - Revenue Account $ 2,889.12 TO: DB5110.4 - Repairs, Contractual $ 2,889.12

This amount is for the monies collected for Diesel Fuel purchased by the Fire Companies in 2012

 

REGULAR BOARD MEETING

October 15, 2012

Page 2

 

RESOLUTION 128-12

ADVERTISEMENT FOR HIGHWAY EQUIPMENT

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

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

NAYS 0 None MOTION CARRIED

 

Resolved to authorize Terry Nieman, Highway Superintendent, to advertise for bids for a Small Roller and a Utility Trailer for the Highway Department.

 

RESOLUTION 129-12

TRICK OR TREAT HOURS FOR ROYALTON

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

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

NAYS 0 None MOTION CARRIED

 

Resolved to set the hours for Trick or Treating in the Town of Royalton from 5:00 PM - 7:00 PM.

 

RESOLUTION 130-12

ADVERTISE FOR BIDS - 64 GALLON RECYCLE BINS

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 authorize the following:

Whereas, the Town Board has reviewed certain materials concerning a Townwide Recycling Program; and

Whereas, the Town Board has passed a Local Law regulating recycling activities in the Town; and

Whereas, the Town Board has determined that it desires to receive bids concerning 2,500 64 gallon Refuse Carts.

Now, therefore, it is hereby Resolved that the Attorney for the Town is hereby authorized to publish a Notice with specifications requesting bids for said Carts. The bid opening for this project will be scheduled for Wednesday, November 14, 2012 at 12:00 Noon.

 

Supervisor Bieber stated that she would like to keep the garbage rate the same until any grant monies that we apply for regarding this project are received. This would help to offset any cost to the town for the recycle bins not covered by grant funds. Supervisor Bieber stated that any monies used from our fund balance for this purchase would be replenished by doing this. Supervisor Bieber stated that when the carts are paid for, the yearly garbage collection fee would be reduced on the tax bills.

 

RESOLUTION 131-12

PUBLIC HEARING - SPECIAL BENEFIT ASSESSMENT ROLL

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 call for a Public Hearing on Monday, November 19, 2012 at 7:00 PM to hear and consider information pertaining to the Special Benefit Assessment Roll for the Town of Royalton for 2013.

 

REGULAR BOARD MEETING

October 15, 2012

Page 3

 

RESOLUTION 132-12

PUBLIC HEARING - 2013 TOWN OF ROYALTON BUDGET

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 call for a Public Hearing on Monday, November 19, 2012, immediately following the previous Public Hearing, to hear and consider information pertaining to the 2013 Preliminary Budget for the Town of Royalton.

 

RESOLUTION 133-12

2013 TAX WARRANT - UNPAID WATER, SEWER, REFUSE, OTHER CHARGES

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 add the the following unpaid amounts for water, sewer, refuse, and other unpaid town services as indicated below to the 2013 Tax Warrant. This is in accordance with New York State Town Law, section 198.

Total Unpaid Water $80,029.18

Total Unpaid Sewer $ 7,788.43

Total Unpaid Refuse $ 0.00

Total Town Charges $ 5,666.84

GRAND TOTAL $93,484.45

 

Discussion ensued regarding the issue with a utility easement on the Town of Royalton Water Tank Site. Councilman Criswell asked Councilman Rehwaldt if he had looked at the property in question. Councilman Rehwaldt stated that he had and the he felt that it was a misunderstanding with the property owner. Councilman Rehwaldt stated that he does not feel that Mr. Granzow had not intentionally dug the trench for his electric line without approaching the town board for their approval. Councilman Rehwaldt stated that the feels this is the best way to take care of the situation. Councilman Criswell asked Attorney Brandt what paperwork will need to be filed to grant this easement. Attorney Brandt stated that there is a form that will need to be completed for National Grid. Supervisor Bieber stated that she is opposed to this easement as she does not feel that it should be on our property. Councilman Budde stated that an email was sent out regarding the interaction with certain department heads and asked if anyone would like to elaborate on that communication. Water/Sewer Superintendent Dan Morse addressed this situation and stated that he had to fight with Mr. Granzow's contractor to keep the water and sewer lines off the back of the property. Mr. Morse stated that he has been in contact with the gas company to make sure that they stay off our property as well. Mr. Morse stated that he did not give Mr. Granzow permission to dig this trench on town property. Supervisor Bieber stated that Mr. Tom Arlington, Building Inspector/Code Enforcement Officer, said that he did not give Mr. Granzow permission to have this dug on town property. Mr. Morse stated that Mr. Granzow had come to the board previously to ask for permission to run his lawn mower over our property but did not see fit to ask for permission to put an electric line on our property. Councilman Criswell asked Mr. Morse if he sees a problem with putting an electric line through there. Mr. Morse stated that didn't see a problem with putting it there. It was just the way that it was handled.

 

REGULAR BOARD MEETING

October 15, 2012

Page 4

 

Mr. Morse stated that Mr. Granzow should have come here and got permission so that the town could have gone out and spotted it where we would like it. Mr. Morse stated that the whole thing was handled backwards. The easement should have been granted first and then do the work, not the other way around.

 

RESOLUTION 134-12

UTILITY EASEMENT - GRANZOW CONSTRUCTION

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

ADOPTED AYES 4 Bragg, Budde, Criswell, Rehwaldt

NAYS 1 Bieber MOTION CARRIED

 

Resolved to grant the following utility easement to Granzow Construction:

WHEREAS, the Town owns property commonly known as the Town's Water Tank Site; and

WHEREAS, Granzow Construction/Zachariah Granzow (hereinafter referred to as the "Property Owner") owns property that is contiguous to the Water Tank Site; and

WHEREAS, the Property Owner needs an easement from the Town so that electric power can be supplied to a new structure on the Property Owner's property.

NOW, THEREFORE, be, it is hereby RESOLVED that the Supervisor is authorized to execute a Utility Easement running from the Town to the Property Owner in such form as is approved by the Attorney for the Town, with provisions that require the Property Owner to (1) indemnify the Town for any claims caused by the negligence of the Property Owner or his agents, including the utility and (2) pay for the cost of moving the utility upon notification by the Town to move the utility.

 

RESOLUTION 135-12

GEOTHERMAL ENERGY - ADVERTISE FOR BIDS

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 the following:

WHEREAS, the Town Board has reviewed certain materials concerning the use of geothermal energy to heat and cool the Town Hall and other Town buildings; and

WHEREAS, the Town Board has determined that it desires to receive bids for the use of geothermal energy to heat and cool the Town Highway Department Building, and other Town buildings.

NOW, THEREFORE, it is hereby RESOLVED that the Town Engineer and Attorney for the Town are authorized to prepare bid specs and publish same in connection with the above.

 

RESOLUTION 136-12

BUDGET AMENDMENT - WATER CAPITAL IMPROVEMENT RESERVE

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

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

NAYS 0 None MOTION CARRIED

 

Resolved to authorize Account Clerk Lorretta Criswell to make the following the Budget Amendment:

 

REGULAR BOARD MEETING

October 15, 2012

Page 5

 

RESOLUTION 136-12 Continued

BUDGET AMENDMENT - WATER CAPITAL IMPROVEMENT RESERVE

Transfer the amount of $1,442.18 to pay the voucher from TVGA, Town Engineers, for the Water Study. FROM: Water Capital Improvement Reserve Fund - $1,442.18

TO: SW1440.2 - Engineer Water Study - $1,442.18

 

RESOLUTION 137-12

BUDGET WORKSHOP MEETING DATE

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 a Budget Workshop Meeting on Monday, October 29, 2012 at 5:30 PM.

 

RESOLUTION 138-12

WORK SESSION DATE CHANGE

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 change the date of the November Work Session meeting to Wednesday, November 14, 2012 at

5:30 PM due to the Veterans Day Holiday.

 

RESOLUTION 139-12

SUPERVISOR'S MONTHLY REPORT

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 accept the Supervisor's report for the month of September 2012.

 

RESOLUTION 140-12

AUDIT OF CLAIMS

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 that the Town Clerk be and she hereby is authorized to draw a warrant upon the funds of the Supervisor for Abstract #10 for the year 2012 in the amounts of:

Fund Voucher #'s Total

A Fund 388 - 451 $ 45,805.85

B Fund 79 - 89 $ 5,548.61

DB Fund 318 - 354 $ 64,961.68

SD Fund 25 - 32 $ 1,369.03

SL Fund 9 $ 1,161.86

SR Fund 11 - 13 $ 74,366.24

SS Fund 80 - 93 $ 5,544.74

SW Fund 194 - 232 $ 71,931.49

TOTAL $ 270,699.50

 

REGULAR BOARD MEETING

October 15, 2012

Page 6

 

PUBLIC COMMENT - GOOD & WELFARE OF THE COMMUNITY

Mr. Scott Wymczak addressed the board members regarding the resolution pertaining to the utility easement. From what he has heard tonight, it sounds like the utility line is already in. Mr. Wymczak stated that the easement should include a statement that the town has no responsibility for that electric line on their property and if it has to be moved for town building purposes, that the property owner will be held responsible for it. Supervisor Bieber asked Attorney Brandt to draft that amendment to the original resolution. The board members agreed unanimously to have the amendment drafted by the Attorney and added to the original resolution.

Mr. Wymczak stated that he had to ask the dreaded 10-year question. Where do we stand with the Worker's Comp. for the Middleport Fire Company. Mr. Wymczak stated that the town should not be liable for any compensation cases that take place within the Village of Middleport. Mr. Wymczak stated that the members of the Middleport Fire Company are authorized by the Mayor. Mr. Wymczak stated that he feels that we should only be held responsible to pay Worker's Compensation for any injuries that happen in the town, outside of the village. Attorney Brandt stated that it is a very complicated law and if the State Comptroller would like to issue an opinion on this issue he would be all for that.

Mr. James Kelly asked if it would be possible to get a copy of last year's budget and this year's budget put on the website. Mr. Kelly would also like to see what grants we have received and what grants are currently in application. Mr. Kelly stated that he has seen this done on other websites.

 

There being no further information to come before this board, a motion was made by Councilman Criswell, seconded by Councilman Rehwaldt and carried unanimously that the Board Meeting be adjourned at 7:23 PM.

 

Respectfully submitted,

Marie L. Little, RMC/CMC

Marie L. Little, RMC/CMC

Royalton Town Clerk.