Town Board Minutes - Regular Board Meeting
REGULAR BOARD MEETING
August 13, 2012
The Regular Board Meeting of the Town of Royalton was held on Monday, August 13, 2012, at the Royalton Town Hall, 5316 Royalton Center Road, Middleport, New York. The meeting was called to order by Supervisor Jennifer Bieber at 7:13 PM immediately following the Public Hearing pertaining to Local Law #2 for 2012 - "Recycling Curbside Waste in the Town of Royalton".
The following were present:
Supervisor Jennifer Bieber
Deputy Supervisor Daphne Berg
Town Clerk ABSENT: Marie L. Little, RMC/CMC
Deputy Town Clerk Patricia A. Hinds
Town Board Members Daniel Bragg, Lee Criswell, Bradley Rehwaldt
ABSENT: James Budde
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 asked where the $5,000.00 is coming from for the Courtroom Reserve Fund. Supervisor Bieber stated that this amount was in the actual budget, but the actual reserve account was unable to be set up previously due to the changeover from HSBC to Key Bank.
Mr. James Kelly asked why we are still following the State Audit from 2006 when the 2008 State Audit addresses the issue of consolidating court rooms to a centralized location. Mr. Kelly stated that he feels we are expanding the court facilities based on the 2006 audit when the 2008 audit is recommending that it be stopped. Mr. Kelly stated that he feels that it is a waste of money. These services are being replicated in all of the surrounding communities. Councilman Bragg stated that we are setting up the Reserve Fund because we don't know what direction we will need to go in in the future pertaining to our court facilities. Supervisor Bieber stated that if this becomes a centralized court it would not be big enough and we don't have the necessary facilities. Supervisor Bieber stated that we need to have the funds available to do this if we are told it is going to happen. Discussion continued regarding this issue.
Councilman Rehwaldt asked if he could receive a copy of the 2008 audit information. Mr. Kelly asked for a copy of the audit report as well. Supervisor Bieber stated that she could get that to him.
COMMUNICATIONS / PETITIONS
There were no communications or petitions to come before the board at this time.
The first resolution scheduled for this evening regarding the Local Law # 2 for 2012 entitled "Recycling Curbside Waste in the Town of Royalton" has been tabled until the September Board Meeting.
REGULAR BOARD MEETING
August 13, 2012
Page 2
NEW BUSINESS
RESOLUTION 105-12
SUPERVISOR'S MONTHLY REPORTS - JUNE & JULY
On a motion made by Councilman Bragg, seconded by Councilman Rehwaldt, the following was
ADOPTED AYES 3 Bragg, Criswell, Rehwaldt
ABSTAIN 1 Bieber
NAYS 0 None MOTION CARRIED
Resolved to accept the Supervisor's Monthly Reports for the months of June and July 2012.
RESOLUTION 106-12
STANDARD WORK DAY - ELECTED & APPOINTED OFFICIALS
On a motion made by Councilman Rehwaldt, seconded by Councilman Bragg, the following resolution was
ADOPTED AYES 4 Bieber, Bragg, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to report the following Amendment for the Elected Supervisor and Town Justice who do not participate in a formal time and attendance procedure as listed below. The information is based on their record of activities recorded over a three (3) month period due to the change in their respective work schedules.
BE IT RESOLVED, that the ____ Town of Royalton___________ hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employees' Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body:
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Town Justice | Gregory A. Bass |
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xxxxxxxx | 6 | 01/01/10 - 12/31/13 | N |
19.16 |
Supervisor | Jennifer H. Bieber |
xxxx |
xxxxxxxx | 6 | 01/01/12 - 12/31/13 | N | 13.95 |
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REGULAR BOARD MEETING
August 13, 2012
Page 3
RESOLUTION 107-12
BUDGET AMENDMENT - HIGHWAY DEPARTMENT
On a motion made by Councilman Bragg, seconded by Councilman Criswell, the following was
ADOPTED AYES 4 Bieber, Bragg, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to amend the 2012 budget by transferring $85,000.00 from the Highway Fund Balance (DB599) to increase line item DB5110.4 - General Repairs, Contractual. These funds will be used to pay for road work.
RESOLUTION 108-12
BUDGET AMENDMENT - TRANSFER TO RESERVE FUND (COURTS)
On a motion made by Councilman Rehwaldt, seconded by Councilman Bragg, the following was
ADOPTED AYES 4 Bieber, Bragg, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to amend the 2012 budget by transferring $5,000.00 from line item A9952.4 - Transfer to Reserve, Courtroom, to the Courtroom Reserve Fund being set up at Key Bank. These funds will be placed in Reserve to utilize for future courtroom expansion.
RESOLUTION 109-12
NEW BANK ACCOUNT - "UNCLAIMED JUSTICE COURT FUNDS"
On a motion made by Councilman Bragg, seconded by Councilman Criswell, the following was
ADOPTED AYES 4 Bieber, Bragg, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to authorize Supervisor Bieber to establish a new account denominated as "Unclaimed Justice Court Funds". This account will be utilized to transfer all unclaimed funds from the Justice Courts into a separate escrow account where they will be held for the required six (6) year term before these funds are transferred to the Town's general coffers. Actual resolution to read as follows:
Whereas, the Town of Royalton hereby wishes to establish an escrow account for any monies unclaimed for bail and/or any checks written by the courts, but not cashed, for the return of bail monies, fine overpayments, bank errors, etc.; and
Whereas, the two (2) Town Justices maintain bank accounts for the collection and retention of bail money posted by defendants; and
Whereas, all unclaimed funds will remain in the said "Unclaimed Justice Court Funds" escrow account for six (6) years after the entry of a judgment in the criminal action and a good faith effort has been made to return said funds; and
Whereas, after the passage of six (6) years, the Town has the right to transfer the funds from the escrow account into the Town's general coffers; and
Whereas, the Town of Royalton hereby establishes a policy stating that any funds not claimed prior the end of the six (6) year period from the original posting date, will not be returned under any circumstances.
REGULAR BOARD MEETING
August 13, 2012
Page 4
RESOLUTION 109-12 CONTINUED
Now, Therefore, it is hereby Resolved that the Town Supervisor is authorized to establish an account to be denominated as "Unclaimed Justice Court Funds" and is further authorized to receive into that account the current unclaimed bail money, and other unclaimed funds held through the two (2) Town Justice accounts.
RESOLUTION 110-12
NEW MEMBERS - TERRY'S CORNERS VOLUNTEER FIRE COMPANY
On a motion made by Councilman Rehwaldt, seconded by Councilman Criswell, the following was
ADOPTED AYES 4 Bieber, Bragg, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to accept the following individuals in to membership of the Terry's Corners Volunteer Fire Company:
•· Garrett Wood, 7830 Chestnut Ridge Road, Gasport, NY 14067
•· Joseph Gagne, 4596 Griswold Street, Middleport NY 14105
•· Donna G. LiPuma, 7649 Highland Drive, Gasport, NY 14067
RESOLUTION 111-12
REMOVAL OF MEMBER - TERRY'S CORNERS VOLUNTEER FIRE COMPANY
On a motion made by Councilman Bragg, seconded by Councilman Criswell, the following was
ADOPTED AYES 4 Bieber, Bragg, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to remove the following individual from membership of the Terry's Corners Volunteer Fire Company:
•· Jeff Batchen, 221 Lock Street, Lockport, NY 14094
RESOLUTION 112-12
AUDIT OF CLAIMS
On a motion made by Councilman Criswell, seconded by Councilman Rehwaldt, the following was
ADOPTED AYES 4 Bieber, Bragg, 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 #8 for the year 2012 in the amounts of:
Fund Voucher #'s Total
A Fund 303 - 356 $ 33,978.01
B Fund 58 - 73 $ 8,402.66
DB Fund 247 - 280 $146,639.22
SD Fund 20 - 23 $ 67,557.28
SL Fund 7 $ 1,061.45
SR Fund 8 - 10 $ 74,498.54
SS Fund 62 - 72 $ 2,607.80
SW Fund 150 - 180 $ 14,711.54
TOTAL $346,456.50
REGULAR BOARD MEETING
August 13, 2012
Page 5
RESOLUTION 113-12
PRE-PAYMENT OF NYS RETIREMENT PREMIUM FOR 2013
On a motion made by Councilman Rehwaldt, seconded by Councilman Criswell, the following was
ADOPTED AYES 4 Bieber, Bragg, Criswell, Rehwaldt
NAYS 0 None MOTION CARRIED
Resolved to pre-pay, if funds are available, the sum of $171,211.00 to the NYS Retirement Fund for the 2013 premium prior to December 15, 2012. Doing so will save $1,555.00 from the estimated amount of $172,766.00 due for 2013.
PUBLIC COMMENT - GOOD & WELFARE OF THE COMMUNITY
Attorney Brandt addressed the issue of the Local Law regarding Dog Control in the Town of Royalton. Attorney Brandt stated that he has spoken with the Association of Towns and they know of no reason that we cannot amend our Local Law to include the penalty provision of "up to 15 days in jail" for any person not showing up for their court date or not paying their fine regarding their failure to pay their dog license or other dog issues scheduled before the court. This amendment would allow the judge to issue a bench warrant. Mr. Scott Wymczak asked if this would address any vicious dog issues as well. Attorney Brandt stated that this request was specific to the licensing aspect. Discussion ensued regarding this issue.
A public hearing will be scheduled on September 10, 2012 at 7:00 PM to hear and consider amending our Local Law for Dog Control in the Town of Royalton.
Mr. Scott Wymczak asked about the union contract. Discussion ensued regarding this issue and contract negotiations in the neighboring community.
Supervisor Bieber stated that Town Clerk Marie L. Little will be walking in the Relay for Life of Batavia on Saturday, August 25, 2012. Anyone is welcome to join the team or donate to the cause. All proceeds will benefit the American Cancer Society. If you have any questions, you may contact Supervisor Bieber or Town Clerk Little for more information.
There being no further information to come before this board, a motion was made by Councilman Bragg seconded by Councilman Rehwaldt and carried unanimously that the Regular Board Meeting be adjourned at 7:26 PM.
Respectfully submitted,
Patricia A. Hinds
Patricia A. Hinds
Royalton Deputy Town Clerk