Town of
Royalton
Niagara County, NY
 Minutes 

March 11, 2013: March Board Meeting

Body:

REGULAR BOARD MEETING

March 11, 2013

 

The Regular Board Meeting of the Town of Royalton was held on Monday, March 11, 2013, at the Royalton Town Hall, 5316 Royalton Center Road, Middleport, New York. Supervisor Jennifer Bieber called the meeting to order at 7:00 PM with the Pledge to the Flag.

 

The following were present:

Supervisor Jennifer H. Bieber

Town Clerk Marie L. Little, RMC/CMC

Town Board Members James Budde, Lee Criswell, Bradley Rehwaldt

ABSENT: Daniel Bragg

Highway Superintendent ABSENT: Terry Nieman

Water/Sewer Superintendent Daniel Morse

Town Attorney Thomas H. Brandt

Also present were: See Attached Sheets

 

ADDITIONS OR CORRECTIONS OF THE MINUTES

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

 

PUBLIC COMMENT - Agenda Items Only

There was no public comment to come before the board at this time regarding the agenda.

 

COMMUNICATIONS / PETITIONS

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

 

NEW BUSINESS

RESOLUTION 29-13

SUPERVISOR'S MONTHLY REPORT

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

ADOPTED AYES 4 Bieber, Budde, Criswell, Rehwaldt

NAYS 0 None MOTION CARRIED

Resolved to accept the Supervisor's report for the month of February 2013.

 

RESOLUTION 30-13

AMENDMENTS TO EMPLOYEE HANDBOOK

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

ADOPTED AYES 4 Bieber, Budde, Criswell, Rehwaldt

NAYS 0 None MOTION CARRIED

Resolved to amend the Town of Royalton Employee Handbook to update the following sections:

Section 805 - Short Term Disability Benefits: ADD to Eligibility Section - All Part-Time Non-Union Administrative Employees will be eligible for short-term disability coverage. This was authorized by the Town Board of the Town of Royalton by a resolution passed on July 12, 2004.

Section 808 - Medical Insurance: Health Bank - As part of the Health Insurance Plan, the town provides a "health bank" to be used for legitimate medical/vision/dental claim subsidy as follows: Family - $3,000.00/year, Single - $1,500.00/year. There is no longer a carry-over option. Any funds not used within the calendar year will be lost.

 

REGULAR BOARD MEETING

March 11, 2013

Page 2

 

RESOLUTION 31-13

AMEND RESOLUTION 09-13: ENGINEERING PLANNING GRANT PROGRAM

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

ADOPTED AYES 4 Bieber, Budde, Criswell, Rehwaldt

NAYS 0 None MOTION CARRIED

Resolved to amend the dollar figures in Resolution 09-13, Engineering Planning Grant Program, passed on January 14, 2013, as follows: the total projected cost of the project has increased from $30,000.00 to $36,000.00, which changes the 20% matching grant amount payable by the town from $6,000.00 to $7,200.00.

 

RESOLUTION 32-13

BUDGET AMENDMENT - CODIFICATION OF RECORDS

On a motion made by Councilman Budde, seconded by Councilman Criswell, the following was ADOPTED AYES 4 Bieber, Budde, Criswell, Rehwaldt

NAYS 0 None MOTION CARRIED

Resolved to authorize Lorretta Criswell, Account Clerk, to make the following Budget Amendment: FROM: General Fund A, Fund Balance TO: A1461.4 - Codification of Records, in the amount of $5,000.00. These funds were budgeted in the 2012 budget for the Codification Project, and were rolled in to the year-end fund balance as the project was not started until this calendar year.

 

RESOLUTION 33-13

WATER PROJECTS - PREPARE BID SPECIFICATIONS

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

ADOPTED AYES 4 Bieber, Budde, Criswell, Rehwaldt

NAYS 0 None MOTION CARRIED

Resolved to authorize TVGA Engineers to prepare bid specifications, and advertise for same, for the water projects on Freeman Road and the Gasport Water Tower.

 

RESOLUTION 34-13

FIRE HYDRANTS - PREPARE BID SPECIFICATIONS

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

ADOPTED AYES 4 Bieber, Budde, Criswell, Rehwaldt

NAYS 0 None MOTION CARRIED

Resolved to authorize TVGA Engineers to prepare the material bid specifications for the fire hydrants to be installed by the Town of Royalton water department.

 

REGULAR BOARD MEETING

March 11, 2013

Page 3

 

RESOLUTION 35-13

RECREATION PROGRAM - PROGRAM FEE INCREASE

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

ADOPTED AYES 4 Bieber, Budde, Criswell, Rehwaldt

NAYS 0 None MOTION CARRIED

Resolved to increase the cost of the Town of Royalton Recreation Program from $10.00 per child to $20.00 per child for the five (5) week program. The increase in fees is due to the unfunded mandates being placed upon the town by the New York State Department of Health.

 

RESOLUTION 36-13

TOWN WIDE GARAGE SALE

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

ADOPTED AYES 4 Bieber, Budde, Criswell, Rehwaldt

NAYS 0 None MOTION CARRIED

Resolved to set the date for the Town Wide Garage Sale for July 5, 6, 7, 2013.

 

RESOLUTION 37-13

RECORDS MANAGEMENT GRANT

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

ADOPTED AYES 4 Bieber, Budde, Criswell, Rehwaldt

NAYS 0 None MOTION CARRIED

Resolved to authorize Town Clerk Little and Court Clerk Berg to apply for a Records Management Grant for the Court offices and the Town Clerk's office to purchase equipment to scan and digitize our records on sight.

 

RESOLUTION 38-13

REFUNDING OF SERIAL BONDS - PHASE 6 WATER PROJECT

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

ADOPTED AYES 4 Bieber, Budde, Criswell, Rehwaldt

NAYS 0 None MOTION CARRIED

Resolved to authorize the Public Improvement Refunding (Serial) Bonds with an aggregate principal amount of $934,560.00. The amount to be refinanced will not exceed $825,000.00. The estimated present value of the total debt service savings with regard to each of the Respective Series of Refunded Bonds is $39,626.32. (A copy of the complete text of this resolution with all exhibits will follow these minutes.)

 

REGULAR BOARD MEETING

March 11, 2013

Page 4

 

RESOLUTION 39-13

HIGHWAY EQUIPMENT - TRAILER MOUNTED BRUSH CHIPPER

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

ADOPTED AYES 4 Bieber, Budde, Criswell, Rehwaldt

NAYS 0 None MOTION CARRIED

Resolved to award the bid for the Trailer Mounted Brush Chipper for use by the Highway Department to Niagara Frontier Equipment Sales, Inc., at a cost not to exceed $41,276.00 after the trade-in allowance. The bids received for this piece of equipment are as follows:

Name of Bidder                                      Amount of Bid         Trade Allowance         Total Minus Trade

L.C. Whitford Co., Inc.                        $81,685.00             $33,302.00             $45,558.00

2013 - Make: Morbark Model: Beever M18R TD

Niagara Frontier Equipment Sales, Inc. $60,376.00            $19,100.00             $41,276.00

2013 - Make: Bandit Model: 1890 XP

 

RESOLUTION 40-13

REPEAL OF NY SAFE ACT

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

ADOPTED AYES 4 Bieber, Budde, Criswell, Rehwaldt

NAYS 0 None MOTION CARRIED

Resolved to call for the repeal of the New York Secure Ammunition Firearms Enforcement Act, referred to as the SAFE Act. This legislation severely impacts the possession and use of firearms now employed by residents of the Town of Royalton for defense of life, liberty and property, as well as safe forms of recreation including, but not limited to, hunting and target shooting. (Copies of this resolution to be forwarded to Governor Andrew Cuomo, Senator George Maziarz, Assemblywoman Jane Corwin.) 

 

RESOLUTION 41-13

SUPPORT OF SENATE BILLS S.2131 and S.2132

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

ADOPTED AYES 4 Bieber, Budde, Criswell, Rehwaldt

NAYS 0 None MOTION CARRIED

Resolved to support two (2) proposed amendments to the New York State Freedom of Information Law exempting the names and addresses of gun permit holders. The bills S.2131 and S.2132 were introduced into the State Senate in January 2013. Gun permit information, including current or retired police officers, is part of the records now available to the public. Revealing this type of information of people with gun permits allows criminals to target people who don't own guns. (Copies of this resolution to be forwarded to Senator Greg Ball, Sponsor, Senator George Maziarz, Senator Michael Ranzenhofer, Co-Sponsors, and Assemblywoman Jane Corwin.) 

 

REGULAR BOARD MEETING

March 11, 2013

Page 5

 

Discussion ensued regarding the resolution listed below pertaining to the amendment to the health care benefits. Councilman Rehwaldt stated that he is okay with the resolution but that we need to negotiate this with the union as well during the next contract. Councilman Rehwaldt stated that we need to start somewhere. Councilman Budde stated that this is why he put this forth as a late resolution as he was not here for the work session. Councilman Budde stated that he feels it is time to take a look at the health benefits. This is being in done in all sectors and the public sector should be no different. Councilman Budde stated that we are not trying to inflict any harm on any current employees; this will be for anybody in the future. This is something that is skyrocketing and out of control and we need to get our arms around it to offset some of the costs. Councilman Budde stated that this will have no effect on any current elected or non-union positions. Councilman Rehwaldt stated that he agrees but we need to carry it forward with all employees, union or non-union. Councilman Rehwaldt stated that if we are just picking on the non-union people then he is not in favor of it. Councilman Rehwaldt stated that he is only in favor of it if we intend to treat everyone fairly and get everything under control. Supervisor Bieber stated that this resolution will take effect immediately. Supervisor Bieber stated that she might be in favor of it down the road. Supervisor Bieber stated that she would like to take a look at this more as she feels that it is a large jump from 10% to 20%.

 

RESOLUTION 42-13

HEALTH CARE BENEFITS AMENDMENT

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

ADOPTED AYES 3 Budde, Criswell, Rehwaldt

NAYS 1 Bieber MOTION CARRIED

Resolved to increase the employee-paid health care benefit premium from 10% to 20% of the policy cost paid by any employees who are hired in Full-Time Non-Union positions or as Elected Officials (currently the Highway Superintendent and Town Clerk). The health bank will also be eliminated for any newly hired Full-Time Non-Union employees or Elected Officials (currently the Highway Superintendent and Town Clerk). This change in health care benefits will become effective as of this date, March 11, 2013 and will affect any employees hired in any of these positions from this date forward. This information will be updated in the Town of Royalton Employee Handbook.

 

RESOLUTION 43-13

AUDIT OF CLAIMS

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

ADOPTED AYES 4 Bieber, 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 #3 for the year 2013 in the amounts of:

Fund Voucher #'s Total

A Fund 73 - 118 $ 22,501.37

B Fund 10-13 $ 6,035.20

DB Fund 62 - 100 $202,346.28

SD Fund 12 $ 789.00

SF Fund 1 - 3 $228,713.00

 

REGULAR BOARD MEETING

March 11, 2013

Page 6

 

RESOLUTION 43-13 CONTINUED:

SL Fund 2 $ 1,446.87

SR Fund 3 - 5 $ 72,040.99

SS Fund 17 - 21 $ 2,653.75

SW Fund 33 - 49 $ 17,834.29

TOTAL $ 554,360.75

 

Supervisor Bieber advised the board members that Account Clerk Criswell worked up the numbers for the Recreation Program. There will be an approximate increase of $6,275.00 needed to fund that program. With the increase in the fee it will give us $1,300.00 towards that and with the $1,200.00 we kept in that budget from last year we will still have an additional amount of $4,775.00 needed to fund our recreation budget. Councilman Rehwaldt asked what the total cost is to run the program. Discussion ensued regarding this issue as there is $12,900.00 in the Recreation Budget but that figure also includes the baseball and swim programs.

 

PUBLIC COMMENT - GOOD & WELFARE OF THE COMMUNITY

Mr. Lester Bower asked the board members where the new fire hydrants will be installed. Supervisor Bieber stated that they will be placed in the Rapids Fire District area as that is where the Water/Sewer Department will be working this spring. Mr. Bower asked if there will be anything put in on Lincoln Avenue. Supervisor Bieber stated that there will not be any fire hydrants installed in that area at this time.

 

Councilman Budde addressed the resolution for the Recreation Program. Councilman Budde stated that nobody likes to increase the fees, but this too was an unknown and falls in line with the resolution passed pertaining to the health care. Sometimes we have no control over these things and have to increase fees in order to keep programs in existence or offer benefits to our employees. Account Clerk Criswell stated that the State Aid for the Recreation Program started out at about $1,200.00 per year when she started and has declined every year since. This year they don't know if we will receive anything or not.

 

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 7:15 PM.

 

Respectfully submitted,

Marie L. Little, RMC/CMC

Marie L. Little, RMC/CMC

Royalton Town Clerk