Town Board Minutes - Regular Board Meeting
REGULAR BOARD MEETING
August 8, 2011
The Regular Board Meeting of the Town of the Town of Royalton was held on Monday, August 12, 2011, at the Royalton Town Hall, 5316 Royalton Center Road, Middleport, New York.
The meeting was called to order by Deputy Supervisor James Budde at 7:50 PM. with the Pledge to the Flag.
The following were present:
Deputy Supervisor James Budde
Deputy Town Clerk Patricia Hinds
Town Board Members Jennifer Bieber, Daniel Bragg, James Budde, Bradley Rehwaldt
Highway Superintendent Terry Nieman
Water/Sewer Superintendent Daniel Morse
Assessor Mike Hartman
Code Enforcement Officer Thomas Arlington
Attorney Thomas H. Brandt
Also present were: See Attached Sheets
Absent: Richard J. Lang
ADDITIONS OR CORRECTIONS TO THE MINUTES
Minutes for the Town Board Work Session, August 3, 2011 under public comment. The cost of fixing the roof at Vet's Park is $1,400 not $14,000.
PUBLIC COMMENT - AGENDA ITEMS
There was no Public comment regarding agenda items to come before the Town Board at this time.
COMMUNICATIONS/PETITIONS
Wolcottsville Volunteer Fire Company - Fire Fighter Day, Saturday, August 20, 2011, from 10:00 AM to 2:00 PM. Public welcome to come out and watch demonstrations, auto extrication, EMS drills, gear and equipment drills. Red Cross will be doing a blood drive from 9:30 AM - 1:30 PM.
NEW BUSINESS
RESOLUTION 72-11
RENEWAL APPLICATION FOR LIQUOR LICENSE FOR SOUPS PLACE INC. (CAMPBELLS INN)
On a motion made by Councilwoman Bieber, seconded by Councilman Bragg, the following was
ADOPTED AYES 4 Bieber, Bragg, Rehwaldt, Budde
NAYS 0 None MOTION CARRIED
Resolved for accepting for filing the application for the Liquor license for Soups Place, Inc. (Campbells Inn) located at 6523 Block Church Road, Lockport, NY 14094
RESOLUTION 73-11
NEW MEMBER FOR WOLCOTTSVILLE FIRE COMPANY
On a motion made by Councilman Rehwaldt, seconded by Councilwoman Bieber, the following was
ADOPTED AYES 4 Bieber, Bragg, Rehwaldt, Budde
NAYS 0 None MOTION CARRIED
Resolved to accept Luke Geiger to membership of Wolcottsville Volunteer Fire Company, Inc.
RESOLUTION 74-11
AUTHORIZE THE WATER DEPT TO ACCEPT BID FROM YARUSSI CONSTRUCTION, INC. FOR GASPORT WASTEWATER FACILITIES UPGRADES
On a motion made by Councilwoman Bieber, seconded by Councilman Bragg, the following was
ADOPTED AYES 4 Bieber, Bragg, Rehwaldt, Budde
NAYS 0 None MOTION CARRIED
Resolved for authorization to accept the bid from Yarussi Construction, Inc. for Gasport Wastewater Facilities Upgrades not to exceed $119,100.00.
RESOLUTION 75-11
AUTHORIZE TVGA CONSULTANTS TO REVIEW THE CAPITAL WATER FUND AND DEVELOP A PLAN FOR THE BUILD OUT OF THE WHOLLY PART TOWN WATER IMPROVEMENT PROJECT
On a motion made by Councilwoman Bieber, seconded by Councilman Rehwaldt, the following was
ADOPTED AYES 4 Bieber, Bragg, Rehwaldt, Budde
NAYS 0 None MOTION CARRIED
Resolved for authorization to TVGA Consultants to review the Capital Water Fund and develop a
Plan for a build out of the Wholly Part Town Water Improvement Project for a lump sum of $14,500.
RESOLUTION 76-11
AUTHORIZE THE HIGHWAY DEPARTMENT TO ACCEPT THE BID FROM JOSEPH O. HYLKEMA FOR REHABILITATION OF THE HOLLENBECK ROAD CULVERT
On a motion made by Councilman Bragg, seconded by Councilman Rehwaldt, the following was
ADOPTED AYES 4 Bieber, Bragg, Rehwaldt, Budde
NAYS 0 None MOTION CARRIED
Resolved to accept bid from Joseph O. Hylkema for Rehabilitation of the Hollenbeck Road culvert.
Bidder Name Bid Amount
Joseph O. Hylkema $24,500.00
Amherst Paving Inc. $25,900.00
Weeks Trucking & Excavating $28,300.00
RESOLUTION 77-11
DEER VIEW MEADOWS SUBDIVION LETTER OF CREDIT TO BE REDUCED TO $100,000 AND DEPOSIT $2,600 IN TO ESCROW ACCOUNT
On a motion made by Councilwoman Bieber, seconded by Councilman Bragg, the following was
ADOPTED AYES 3 Bieber, Bragg, Budde
NAYS 0 None
ABSTAINED 1 Rehwaldt
Resolved to reduce Letter of credit Whereas, Deer View Meadows Subdivision has previously provided the Town of Royalton with a Letter of Credit in the amount of $300,000 to cover the cost of infrastructure improvements within the proposed Town Highway right-of-way within the subdivision; and Whereas, the resolution authorizing the Letter of Credit provided that said Letter of Credit be reduced to reflect the value of approved improvements constructed within the subdivision; and Whereas, the Town Engineers have submitted a Memorandum to the Town indicating that based on the amount of approved improvements, the Letter Credit can be reduced to $100,000.; and Whereas, the Town Engineers recommend that the developer deposit $2600. to the escrow account for the provision of inspection services. Now, Therefore, it is hereby Resolved that the Letter of Credit for the Deer View Meadows Subdivision shall be reduced to $100,000. and the Supervisor and Town Attorney are authorized to execute the necessary documents for said reduction; and It is further Resolved that the developer shall deposit $2600. into the project's escrow account for the provision of further inspection services.
RESOLUTION 78-11
EMERSON PLACE - TOWN OF ROYALTON AND THE ROYALTON HARTLAND SCHOOL DISTRICT SHALL ENTER INTO A SHARED SERVICE AGREEMENT
On a motion made by Councilwoman Bieber, seconded by Councilman Rehwaldt, the following was
ADOPTED 4 Bieber, Bragg, Rehwaldt, Budde
NAYS 0 None MOTION CARRIED
Resolved to enter into a shared service agreement, Whereas, the Town of Royalton and the Royalton Hartland School District from time to time aid and assist each other; and Whereas, the Royalton Hartland School District recently completed construction on Emerson Place for its elementary school expansion; and Whereas the School District and the Town have agreed that the School District and the Town shall enter into a Shared Service Agreement that will cover, among other things, the cost of repairs To Emerson Place that were necessitated by the school expansion project; and Whereas, the parties desire to keep in place a Shared Services Agreement that will cover future projects. Now, Therefore, it is hereby Resolved that the Town Supervisor is authorized to enter into a Shared Services Agreement, after its approval by the Town Attorney, with the Royalton Hartland School District that will cover the cost of repairs to Emerson Place as well as future projects between the Town and the School District.
RESOLUTION 79-11
TOWN OF ROYALTON AUTHORIZED AND DIRECTED TO FILE AN APPLICATION FOR FUNDS FROM THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION
On a motion made by Councilwoman Bieber, seconded by Councilman Bragg, the following was
ADOPTED 4 Bieber, Bragg, Rehwaldt, Budde
NAYS 0 None MOTION CARRED
Resolved that Richard J. Lang, as Supervisor of the Town of Royalton, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount not to exceed $40,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to this municipality for the Mountain Ridge Restoration and Preservation Project and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property.
RESOLUTION 80-11
AMMEND THE LOCAL LAW NO. 1 FOR THE YEAR 2011 - CONTROL THE GROWTH OF WEEDS IN THE TOWN OF ROYALTON
On a motion made by Councilman Bragg, seconded by Councilwoman Jennifer, the following was
ADOPTED 4 Bieber, Bragg, Rehwaldt, Budde
NAYS 0 None MOTION CARREID
Resolved to adopt Local Law 1 for the year 2011 regarding Control the Growth of Weeds in the Town of Royalton see copy is attached.
RESOLUTION 81-11
TOWN WIDE WATER PROGRAM
On a motion made by Councilwoman Bieber, seconded by Councilman Bragg, the following was
ADOPTED 4 Bieber, Bragg, Rehwaldt, Budde
NAYS 0 None MOTION CARRIED
Resolved to amend the resolution to read $416,623.00 that whereas, pursuant to a referendum the Town has instituted a Town Wide Water Program; and
Whereas, pursuant to that Program, the Town has established a Water Capital Fund; and
Whereas, from time to time the Town has borrowed money from the Water Capital Fund; and
Whereas, the Town Engineer has undertaken an analysis of this correct amount that should be in the Water Capital Fund; and
Whereas, the Town desires to establish a separate bank account for the Water Capital Fund.
Now, Therefore, it is hereby Resolved that the Town Supervisor is directed to establish a separate bank account for the Water Capital Fund; and
It is further Resolved that the Water Capital Fund shall be funded with the amount of $416,823.00 by the end of 2011; and
It is further Resolved that any transfers from the Water from the General Fund Balance that are not associated with the Town Wide Water Program shall be done by separate resolution specifically identifying the budgetary line item that the transfer is being made to and specifically identifying the date by which the amounts will be repaid.
Town engineer has taken analysis to the correct amount copy attached.
Discussion ensued
RESOLUTION 82-11
FEE STRUCTURE ASSOCIATED WITH LOCAL LAW
On a motion made by Councilwoman Bieber, seconded by Councilman Bragg, the following was
ADOPTED 4 Bieber, Bragg, Rehwaldt, Budde
NAYS 0 None MOTION CARRIED
Resolved to enter into a fee structure associated with local law, $75.00 per hour per employee, $150.00 penalty, and any damage of equipment owned by the Town would be reimbursed by the homeowner if damaged incurrence during said work.
RESOLUTION 83-11
HIRE VETS PARK ATTENDANT
On a motion made by Councilwoman Bieber, seconded by Councilman Bragg, the following was
ADOPTED 4 Bieber, Bragg, Rehwaldt, Budde
NAYS 0 None MOTION CARRIED
Resolution for permission to hire Dani Sue Fadanza for Vets Park Attendant. Salary will be $989.00 for August 15, 2011 thru October 1, 2011.
RESOLUTION 84-11
AUDIT OF CLAIMS
On a motion made by Councilwoman Bieber, seconded by Councilman Bragg, the following was
ADOPTED 4 Bieber, Bragg, Rehwaldt, Budde
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 $482,742.89 covering vouchers #833 - #959 for Abstract #8 for the year 2011 for the Town Hall, Highway Department and Water/Sewer Department.
UNFINISHED BUSINESS
There was no unfinished business to come before the board at this time.
PUBLIC COMMENT - GOOD & WELFARE OF THE COMMUNITY
Scott Wymczak, resident, had questions on the fee schedule associated with the local law. Discussion ensued.
Audrey Kelly, resident asked if stones could be put on Foot Road. Discussion ensued
James Kelly, resident asked if Agenda could be posted on the website. Councilwoman Bieber mentioned that normally it is on Friday afternoon. James Kelly would also like to see the Town of Royalton Budget put on the website.
There being no further information or discussion to come before this board, a motion was made by Councilwoman Bieber, seconded by Councilman Rehwaldt and carried unanimously that the Regular Board Meeting be adjourned at 8:20 PM.
Respectfully Submitted,
Patricia Hinds, Deputy Town Clerk