Town of
Royalton
Niagara County, NY
 Minutes 

April 22, 2008: SPECIAL BOARD MEETING MINUTES

Body:
 

SPECIAL BOARD MEETING                                                                                                                                          

April 22, 2008

A Special Meeting of the Town Board of the Town of Royalton was held on Tuesday, April 22, 2008, at the Royalton Town Hall, 5316 Royalton Center Road, Middleport, New York.  The meeting was called to order by Supervisor

Richard J. Lang at 5:37 PM. 

The following were present:

Supervisor                                                             Richard J. Lang

Town Clerk                                                            ABSENT:  Marie L. Little, RMC

Councilmen                                                            Jennifer Bieber, James Budde, Lee Criswell, Bradley Rehwaldt

Attorney                                                                Thomas Brandt

Highway Superintendent                                         Terry Nieman

Water/Sewer Superintendent                                  Dan Morse

Also present were:                                                See Attached Sheets

The purpose of this Special Meeting was to discuss the issue with the lawn mowing contracts for the cemeteries and the town hall in regards to paying prevailing wage.

Attorney Brandt discussed the issue of prevailing wage and how it needs to be part of any bid specifications on construction projects.  Attorney Brandt stated that this also applies to the maintenance of town property.  Discussion ensued regarding this matter and how to proceed.   

Attorney Brandt stated that he got a hold of the prevailing wage charts for laborers and the base rate is $24.00 and the fringe benefit rate is $20.00 for a total of $44.00 per hour.  This rate would have to be paid to any employees who work for the contractor hired to do the mowing for the town.  This rate is set by New York State.  

Discussion ensued as to having the individual contractors sign a paper stating that they are an independent owner/operator who does not have any employees working for him and would not be subject to the prevailing wage issue.  Attorney Brandt stated that other towns do not contract this type of work out, they use seasonal employees.  

Mr. Mike Marotta spoke to the board regarding this matter.  He bid on the mowing jobs and is a sole-proprietor and would be interested in doing the work for the Town Hall. 

Attorney Brandt stated that all of the bidders would need to be contacted regarding the prevailing wage issue to see if the contractors would be willing to sign paperwork stating that they would pay any employees the prevailing wage rate, if applicable, or that they are a sole-proprietor and would not be subject to prevailing wage. 

Councilman Budde stated that he would like to rescind the three-year contracts for the time being until this matter can be resolved.  We can just go with a one-year contract and revisit this next year. 

Supervisor Lang asked if we should look in to hiring an employee and purchasing equipment.  Discussion ensued regarding purchasing a mower from the state bid.  Discussion ensued regarding the use of seasonal help. 

RESOLUTION 75-08

PREVAILING WAGE ISSUE FOR MOWING CONTRACTS

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

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

                                NAYS                     0              None                                                      MOTION CARRIED

Resolved to authorize Supervisor Richard J. Lang to contact each of the contractors on the list of bidders for the mowing of the Royalton Mountain Ridge Cemetery, the Royalton Town Hall, and the three (3) smaller cemeteries, letting them know that they will be required to sign a release form stating that they are a sole-proprietor of their business or acknowledging that they will be required to pay their employees the NYS Prevailing Wage Rate of $44.00 per hour, and letting them know that they will be subject to criminal penalties if they do not comply.  This contract will be for one-year.

SPECIAL BOARD MEETING                                                                                                                                          

April 22, 2008

Page 2

RESOLUTION 76-08

RESCIND THREE-YEAR CEMETERY MOWING BID AWARDS

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

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

                                NAYS                     0              None                                                      MOTION CARRIED

Resolved to rescind all of the three-year mowing bids awarded at the April 14, 2008 Regular Board Meeting. 

RESOLUTION 77-108

MOWING BID AWARD FOR TOWN HALL & THREE (3) SMALL CEMETERIES

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

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

                                NAYS                     0              None                                                      MOTION CARRIED

Resolved to award the mowing bid of the three (3) small cemeteries to Rob Czaja, DBA Scapes, at a cost not to exceed $1,400.00 for a one-year contract.  BE IT FURTHER RESOLVED to award the mowing bid for the Royalton Town Hall to MJ Landscaping (Mike Marotta) at a cost not to exceed $1,170.00 for a one-year contract. 

Discussion ensued regarding the bee problems at the Royalton Mountain Ridge Cemetery.  Supervisor Lang stated that he would take care of the bee problems at the cemetery. 

Deputy Supervisor Bieber stated that we received a Thank You card from the Middleport Senior Citizens group for their monies we sent them.

RESOLUTION 78-08

NAME CHANGE FOR RECYCLING GRANT APPLICATION

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

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

                                NAYS                     0              None                                                      MOTION CARRIED

Resolved to authorize Supervisor Richard J. Lang, Supervisor, to sign the necessary paperwork for the State Assistance Municipal Recycling Project on behalf of the Town of Royalton. 

There being no further information to come before the Town Board at this time, a motion was made by Supervisor Lang, seconded by Deputy Supervisor Bieber and carried unanimously to enter in to an Executive Session for the purpose of discussing the employment history of a particular person at 6:15 PM. 

EXECUTIVE SESSION

Present:                  Supervisor Lang, Deputy Supervisor Bieber, Councilman Budde, Councilman Criswell, Councilman Rehwaldt, Attorney Brandt

The purpose of this Executive Session was to discuss the employment history of a particular person.  There was no action taken regarding this matter at this time. 

A motion was made by Councilman Rehwaldt, seconded by Supervisor Lang and carried unanimously that the Executive Session be adjourned and the Town Board return to the Special Board Meeting at 7:00 PM.

A motion was made by Councilman Budde, seconded by Councilman Criswell and carried unanimously that the Special Board Meeting be adjourned at 7:01 PM.

Respectfully Submitted,

Minutes taken by Deputy Supervisor Bieber

MARIE L. LITTLE, RMC

ROYALTON TOWN CLERK