REGULAR BOARD MEETING 

July 13, 2015 

 

The Regular Board Meeting of the Town of Royalton was held on Monday, July 13, 2015, 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, CMC/RMC - Absent for Training 

Deputy Town Clerk Patricia A. Hinds 

Town Board Members Daniel Bragg, James Budde, Lee Criswell, Bradley Rehwaldt 

Highway Superintendent ABSENT: Terry Nieman 

Water/Sewer Superintendent Brian Cummings 

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 items. 

 

COMMUNICATIONS / PETITIONS 

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

 

NEW BUSINESS 

 

RESOLUTION 75-15 

SUPERVISOR'S MONTHLY REPORT 

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 accept the Supervisor's Report for the month of June 2015. 

 

RESOLUTION 76-15 

EMPLOYEE HANDBOOK AMENDMENT 

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 

 

Whereas, the Town of Royalton Handbook details the medical coverage available to retirees and eligible spouses; and 

Whereas, the Town of Royalton Handbook does not go into detail concerning dental coverage; and 

Whereas, the Town of Royalton has in the past, as part of the medical coverage, provided a $1,000.00 stipend to retirees in lieu of dental coverage; and 

Whereas, the Town of Royalton desires to put the Town's policy concerning dental coverage in writing. 

 

REGULAR BOARD MEETING 

July 13, 2015 

Page 2 

 

RESOLUTION 76-15 Continued: 

Now, Therefore, it is hereby Resolved that the Town of Royalton Handbook is amended to add the following sentence at the end of the paragraph under "Coverage" on page 811: "The Town shall annually reimburse a retiree and their eligible spouse for up to a total of $1,000.00 in dental bills upon presentation of said bill by the retiree/spouse. No other dental coverage shall be provided." 

 

RESOLUTION 77-15 

HIGHWAY ROOFING PROJECT 

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

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

NAYS 0 None MOTION CARRIED 

 

Resolved to accept the quote from Young Enterprises for the Highway Roof Replacement Project at a cost not to exceed $24,000.00. There were three (3) quotes received for this project: 

„h Young Enterprises $24,000.00 

„h Granzow Construction $31,257.33 

„h A-1 Construction & Painting, Inc. $34,500.00 

 

RESOLUTION 78-15 

TAKEOVER OF UNIVERSALIST CHURCH IN MIDDLEPORT 

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

DENIED - A Roll Call Vote was taken: 

Bieber AYE 

Bragg AYE 

Budde NAY (See Explanation) 

Criswell NAY 

Rehwaldt NAY (See Explanation) 

 

Resolved to enter into a Shared Services Agreement with the Town of Hartland for the takeover of the Universalist Church located in the Village of Middleport. 

Councilman Budde stated that as the Universalist Church many factors where considered over time by myself before I reached my decision, however the one thing that remained constant was that if any other group or individual in good faith showed an interest in this property then we should step aside and assist if necessary in any way possible in terms of directing the potential new owners of any grants at both the State and local level. I have always believed that government should help solve people's problems...not add to them. 

Back in January when we were first informed about the church being offered to the various municipalities free of charge, I kept reminding myself that there is no such thing as a free lunch. After touring the site and hearing some preliminary dollars that would be needed possibly to fix things up a short time later, it was probably at that point that things began for me to unfold for me in terms of supporting this offering. Then in early May after a joint meeting of all the stake holders hosted by the Town of Royalton that included the Town of Hartland along with the Village of Middleport was when I first heard about the interest of a private individual. 

 

REGULAR BOARD MEETING 

July 13, 2015 

Page 3 

 

COUNCILMAN BUDDE'S COMMENTS CONTINUED: 

Then in June our Supervisor indicated one last joint meeting was going to be called to address any and all final concerns about the Church. Then this past Wednesday night at our work session we were again informed by our Town Supervisor that she wanted to place a resolution onto our agenda to finalize this 

subject once and for all because "she was tired of answering all the questions surrounding the church". Which brings us tonight...f which I have been informed that a tentative agreement has been in the making over the past month with a private individual and the representatives from the church. Therefore I respectfully vote NO! 

 

Supervisor Bieber in response to that there is no tentative agreement. I spoke with Cliff Grant this afternoon. If the Town of Royalton were to vote yes, it would be the Towns to go into the shared agreement with Hartland. There is an individual that they have been talking to but there is no agreement. 

 

Councilman Rehwaldt stated that he has been the hold out for the past four months. My comment this month is the same as it was for the past months if Middleport was an equal shared partner from top to bottom then I would consider or look at it. Middleport sits in their own Village and they want nothing to do with this. We looked at the numbers and I got the numbers and once you add prevailing wage and regular wage the amount jumps up with roof, windows, and the bare necessities so my vote is NO because the Village of Middleport isn't interested and it is not a three way shared equal partnership like it was designed to be. 

 

Supervisor Bieber in response to the costs we never got to investigate enough to see if we were available for Grants to help with our endeavor. The Village of Middleport their revenue is millions less than our assessed value. So I think it is a disappointment letting this go but it is what it is. 

 

RESOLUTION 79-15 

NEW HIGHWAY TRUCK 

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 authorize Terry Nieman, Highway Superintendent, to spec out a truck to be delivered in 2016. Truck will be exact as last one, Mack with Henderson plow equipment. He will come back with numbers to get permission to bid out in August. 

 

REGULAR BOARD MEETING 

July 13, 2015 

Page 4 

 

RESOLUTION 80-15 

AUDIT OF CLAIMS 

On a motion made by Councilman Bragg, seconded by Councilman Criswell, 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 Abstract #7 for the year 2015, in the amounts of: 

 

Fund Voucher #'s Total 

A Fund 260 - 321 $ 64,781.86 

B Fund 37 - 55 $ 18,061.09 

DB Fund 212 - 262 $354,629.93 

SD Fund 13 - 16 $ 913.20 

SF Fund N / A $ 0.00 

SL Fund 6 $ 1,012.04 

SR Fund 6 - 7 $ 73,832.00 

SS Fund 44 - 50 $ 1,834.83 

SW Fund 117 - 149 $ 89,941.21 

TOTAL $594,006.16 

 

Supervisor Bieber advised that the bathrooms at Vets Park are under control. Vets Park caretaker is opening them every day. 

 

Water/Sewer Superintendent Brian Cummings had a discussion regarding the mowing and that has been taken care of. 

 

Supervisor Bieber mentioned that outside the Town employees helping on E-Recycle Day, August 23, 2015. I did hear back from Seaway Insurance and that we would be ok. He asked how many volunteers are working at the E-Recycle drop off day and I advised him there would be 3 or 4. Our insurance company has advised us that it would be ok to use volunteers. 

 

Supervisor Bieber mentioned that Identity theft coverage is offered by our current insurance carrier for a flat $10 to $15 per employee. This coverage is only helpful to individuals where their identity has been stolen and they are in a very difficult situation. It would help an individual re-establish their credit and help them through this ordeal by instructing them on how to proceed and work through the issue they face with identity theft. 

 

Cyber Liability is different coverage. It is much more thorough, and would protect the Town if their computer system was compromised. This coverage would cover both First and Third party coverage including Breach Notification and Remediation Expenses.  Our insurance agent is willing to sit down with us to review this coverage. The Cyber Liability cost would be more expensive and would probably be in the $5,000 a year area. Supervisor Bieber will call and set him up to come to our next meeting in August. 

 

REGULAR BOARD MEETING 

July 13. 2015 

Page 5 

 

PUBLIC COMMENT - GOOD & WELFARE OF THE COMMUNITY 

Richard Lang, Hollenbeck Road, Lockport, mentioned that he has an 8th grade granddaughter that has to do some public service and would there be something here that she could help with. 

He also mentioned that there are two homes on Route 77 and Hollenbeck that the homes haven't been touched. Supervisor Bieber will bring it to Mike Hartman's attention. 

 

Councilman Budde brought Richard Lang up to speed on the progress of Niagara Metals cleaning up the piles of scrap. Niagara Metals is working on this. 

 

Bryce Livermore, Chestnut Ridge Road, Gasport, has a problem with being charged for a frozen meter this year in the amount of $250.00. This meter should not have frozen in a heated basement. He has lived here for 29 years and hasn't had a problem in the past when they go away during the winter months. He believes that this should be the Town's problem with the meter freezing and should not been charged this amount. Maybe there is a life expectancy on these meters that should be looked at. 

 

Water/Sewer Superintendent Brian Cummings advised that he would look into with his Clerk and his Department and advise. The meter is designed with the frost plate on the bottom so that it can expand. 

 

Councilman Budde, asked what the procedure was for a frozen meter. Water/Sewer Superintendent Brian Cummings again said that he would look into this particular situation. Supervisor Bieber said that normally it is the homeowners responsibility. 

 

There being no further information to come before this board, a motion was made by Councilman Budde, seconded by Councilman Rehwaldt and carried unanimously that the Board Meeting be adjourned at 7:25 PM. 

 

Patricia A. Hinds 

Patricia A. Hinds 

Royalton Deputy Town Clerk