TOWN BOARD WORK SESSION                                                                                

September 7, 2011

A Work Session Meeting of the Town Board of the Town of Royalton was held on Wednesday, September 7, 2011, at the Royalton Town Hall, 5316 Royalton Center Road, Middleport, New York.  Supervisor Lang called the meeting to order at 5:30 P.M.

The following were present:

Supervisor                                           Richard J. Lang

Deputy Town Clerk                           Patricia Hinds

Council Members                               James Budde, Bradley Rehwaldt, Daniel Bragg

Deputy Highway Superintendent/

Highway Clerk                                   Charlene Surace

Water/Sewer Superintendent          Dan Morse

Attorney                                               Thomas Brandt 

Also present were:                              See Attached Sheets

Absent:                                                  Jennifer Bieber

GUEST SPEAKERS

Melissa Kubas, Freeman Road resident asked if we were any closer to putting in water down her road.  She has been coming to the meetings since October 2010 to bring to the Town Boards attention her request for water service.   She is wondering if TVGA has a completion date to have the Town Wide Water report done.  She is hoping that she will be one of the first roads to get water when we start our water improvements for this year.  Melissa Kubas mentioned that her timeline is to have water on her road by the end of the year. 

Henry & Susan Beamer, West Shelby Road resident mentioned that they had met with Terry Nieman, Highway Superintendent, on August 23, 2011 to discuss the merits of converting the intersection of Old Chestnut Ridge Road/West Shelby Road and South County Line to a 4 way stop.  Intersection description, traffic safety issue, requested change and risk mitigation was all brought before the Town Board.   The Town Board to show support and will put on a resolution.  Discussion ensued. 

REGULAR AGENDA

Daniel Morse - Water/Sewer Superintendent

•·         We have received three quotes on the barn roof from HMP General Construction, $7,640.00 , Granzow Construction $ 7,781.00 and James Chutko Construction, $9,485.00 for metal roofs.  We asked for both kinds of roofs shingles and the metal.  HMP doesn't do shingle roofs.  We have received part of the insurance funds and the balance will be sent when the job is complete.  We have also received the insurance funds on the pavilion roof as I have put in for these together.  We will be taking the lowest quote.

•·         Bradley Rehwaldt, Councilman, mentioned that with the metal roofs you need to keep in mind a fastener thru the roof .  The fastener is the most important part of the roof.  The stainless steel fastener is the best kind to use.  They should be flat and not put in on an angle.

•·         Douglas Bennett, Town Engineer agreed that the most important part on a metal roof is the fastener. 

•·         Daniel Bragg, Councilman, mentioned did these quotes have the snow guard on them.  Discussion ensued.

Paul Bruning - Ditching Coordinator

•·         Several ditches on list to be done.  The last date that mowing was done was May 9, 2011 and no mowing has been done this summer.  Some of the ditches that I have can't be done this time of the year due to the moisture.  Terry Nieman, Highway Superintendent has been very busy this summer and it might be another month before they can do ditching.  November is a busy month of vacations as well.  Next year maybe we should look at hiring a part-time person to help with mowing ditches.

Jesse Bieber - Historian

•·         Working on a few genealogy requests.

•·          Parks Grant rules have changed the way you can apply for grants.  The state has now established 10 regional councils throughout the state to create economic development plans for each region.   Because of this change, we were not able to apply for the cemetery grant.

Douglas Bennett - Town Engineer

•·         Waste Water Facility upgrades project and Sludge building are now complete.  

•·         East Avenue Pump Station and Replacement of the comminuter contract has been signed with Yarussi Construction, Inc.

•·         Deer View subdivision - Water, sewer and roads are now complete.

•·         TVGA over saw the diesel tank removal from the Highway garage today.  No apparent leaks and some samples were taken.  There will be a ten day turn around for the results.

•·         Town Wide Water - Still working on study.   

Charlene Surace - Deputy Highway Superintendent/Highway Clerk

•·         New trailer is in and just waiting to be delivered.

•·         Diesel fuel oil tank removed today.  TVGA sent one of their people to oversee the removal and have t samples taken.  

•·         New fuel tank will be set on top of the ground after approximately three weeks.

•·         No news on Emerson project.  

•o    Daniel Bragg, Councilman asked Thomas Brandt, Town Attorney, if correspondence was sent with the shared services  agreement.  Thomas Brandt, Town Attorney, will look into this.

•·         Logs in ditch on Moyer Road have been removed.  

•·         Letter sent to Terry Nieman, Highway Superintendent regarding the merits of converting the intersection of Old Chestnut Ridge Road/West Shelby Road and South County Line to a 4 way stop.

Resident is asking us to show our support with a resolution from the next Town Board Meeting.    

•o    James Budde, Councilman mentioned to Mr. & Mrs. Beamer that they should contact  the chairman of the legislation and our county legislator Mr. Hill and let them know about this to see whatever they can help with.   The county can then pass it on to the traffic advisory and have a safety study done.  Discussion ensued. 

Pat Hinds - Deputy Town Clerk

•·         Gasport Chemical Hose Company will be hosting an Open House for all ages on Sunday, October 2, 2011 from 10-4.  Their Gasport Chemical Hose Ladies Auxiliary will be having a Fall Craft Show/Flea Market that day as well.

•·         Saddle Up for Roswell, Saturday, September 17, 2011 @ 8 A.M. for the 2011 Harvest Horse Trails and Dressage Show.  Free admission, Basket Raffle, new and used tack sale.  Sponsored by Chestnut Ridge & The East Aurora Pony Club.  All proceeds benefit Roswell Park Cancer Institute.

•·         Correction to the August 8, 2011 Board Meeting Minutes read $119,100.00 for Resolution 74-11.  The amount should have been $119,400.00.

•·         Daphne Berg, Justice Clerk, mentioned that she would be putting in for a Grant for the following:

•o    (Fire proof filing cabinets, TV, and DVD player)  There seemed to be some confusion on this Grant and if we were going to pursue this at this time.

•o    Lorretta Criswell, Accounting Clerk was going to double check with Daphne Berg, Justice Clerk and let us know what the outcome is.   Whatever we receive from this Grant would be put in the back of the court room.  Discussion ensued.

Lorretta Criswell - Accounting Clerk

•·         Audit of Court Records - The Town Board Members have examined and audited the 2nd Quarter Report for the Town of Royalton Justice Court.  Resolution to be recorded in the minutes on Monday, September 12, 2011

•·         Vets Park attendant is opening and closing the park until October 1, 2011.  The football season goes until October 15, 2011 and if they make it to the championships it will be until November 5, 2011.  How does the Board want to handle this?  

•o    James Budde, Councilman, mentioned a couple of different ideas for any special interest groups.

•o    Richard Lang, Supervisor, mentioned that in the Vets Park report it was mentioned that there was litter left after special interest group events.

•o      Discussion Ensued.

•·         Bid Opening on September 6, 2011 @ 10:00A.M. for Highway Roof Replacement for standing seam,  snow retention, and with the prevailing wage.

•o    Ganzow Construction                               $55,902.65 - Metal

                                                                                                     $40,731.31 - Asphalt

            •o    We have received $7,000.00 in insurance funds towards this roof replacement and we will receive

$7,000.00 once the job is complete.  The deadline to have this job complete is October 28, 2011.  James Budde, Councilman, asked from what account will these funds come from?  Lorretta Criswell, Accounting Clerk, advised that they would come from Buildings and Grounds.  Do we have the funds available to do this project?  Daniel Bragg, Councilman and Bradley Rehwaldt, Councilman, mentioned that the metal is nice but the extra $20,000  is a lot plus the age of the building.  James Budde, Councilman recommended that we go with the Asphalt roof quote.   

Thomas Brandt - Attorney

•·         Nothing to report at this time.

Daniel Bragg - Councilman

•·         Update on the Windmills?  Electrical part starting next week in the building.    

•·         Any updates on Mr. Socha and the surplus property with the church.  James Budde, Councilman, mentioned that the New York State Cemetery Association doesn't come into play with what we did. Thomas Brandt, Town Attorney mentioned that we did everything within the law.

James Budde - Councilman

•·         Jennifer Bieber, Councilwoman, had sent us an email regarding Gaines, New York last month, passed a Local law and she wanted to do the exact same thing in Royalton.  Tom Brandt has been forwarded the information to have him look into.  They have passed a funeral buffer law that will ensure the anti-war protesters and religious groups won't be able to harass grieving families at military funerals.  Discussion ensued, more under Jennifer Bieber, Councilwoman's, presentation.

•·         Burial sites in the Town of Royalton should be revisited.  So I would like a resolution to schedule a public hearing at 7:15 at the October Board meeting.

•·         We have inherited a cemetery this year and through the New York State Association of Town, the law that says that the care taker, in this case the Town, has an obligation to mow but only twice a year in order to maintain those properties.

•·         Evans cemetery stone (large stone) - possibly a letter should be written to Mrs. Evans that through a notarized statement that they remove us of any obligations.  Once we get this paperwork back we can continue forward. 

•·         Vet Park Rules and Regulations- Modify our rules and regulations regarding the animals in the park.  

•·         Question was asked to Thomas Brandt, Town Attorney, you had just sent out an email regarding the CAMU, was that your legal opinion representing the Town of Royalton?  Thomas Brandt, Town Attorney responded that it was a draft that was sent and nothing has been sent out.  It was in response from an email from Jennifer Bieber, Councilwoman, her email to me captured a series of emails between her and the DEC people discussion back and forth the issue of what impact the Town's Zoning ordinance might have on the CAMU whether it is going to be allowed or not.  Discussion ensued.

Bradley, Rehwaldt - Councilman

•·         Vets Park - In working with Mike Richards, Custodian, lock sets have been changed and new dead bolts now on.

•o    James Budde, Councilman, mentioned that this work was done by Rehwaldt Builders in-kind service and only billed for material.

•o    Four half screens have been made for the slide windows at the concession stand.

•·         Any progression on Foote Road - Daniel Bragg, Councilman, mentioned that all information given to Terry Nieman, Highway Superintendent on service roads.  We are still looking into this with Highway and Kenneth Strell, Sr. TVGA with the road standards.

•·         Dirty Power - Still looking into three different options to try to correct this problem.  Hopefully we will have the firm numbers on bid options in for next month.

•·         Geo - Talked with Jessie from Geotherm we are looking on blue prints to see how deep the wells are.  We will find out if this is even feasible to revive this system.

Richard Lang - Town Supervisor

•·         Vets Park - Work crew was down at the park and had them remove the vines from the fence.  Trees have been cleaned up on the west side and Terry Nieman's Highway crew came down and ground them up.  Daniel Morse's Water crew leveled off some dirt.  James Budde, Councilman, and myself assisted and we got it done.

•·         Update on Windmills - Electrical part starting next week in the building.

•·         Computel Consultants - contacted me they will be doing a check on Time Warner and will check to see if they are paying us what they should.  Computel Consultants fee is 50% of whatever they find in savings.   

•·          Letter received from Gasport Chemical Hose Company, regarding that their membership voted and accepted in a new member Mark Murray on July 7, 2011.

Jennifer Bieber - Councilwoman - Bradley Rehwaldt - read her report in her absence.

•·         Grant updates - Unfortunately the State of New York has changed the way you can apply for grants.  The state has now established 10 regional councils though out the state to create economic development plans for each region.  There will be some exceptions, but for the most part, individual municipalities won't be eligible to apply directly to the state for grant funds anymore.  It will have to go through these newly formed councils.  I will share more when I know more.

•o    Because of this change, we are not able to apply for the cemetery grant after all the work we put into it.  But we are going to still use some of that work and put it towards another grant.

•o    Gregg Lewis was interested in the AED machines as well as encouraging us to submit the cemetery plan as well.  So we have applied for a $25,515.00 grant with us matching that amount for a total grant of $50,515.00.  We should hear back from them in 4 to 6 weeks to see if we were awarded any of our grant.

•·         Water - I believe Melissa Kubas should be attending tonight's Work Session, please give her a few moments to update you on her water issues.  I have spoken to her as well as Ken Strell, TVGA, and have explained that it's possible we won't get her water in until spring 2012.  The cost of construction right now is extremely high due to the emergency issues around the state and reaching the end of the season.  It might not be economical for us to try to do this project before the end of the year.  Terry Nieman, Highway Superintendent and Daniel Morse, Water/Sewer Superintendent are also extremely busy with their own projects that they will not have the time or man power to do this right now either.  But I do want you aware of how important this project is and when we can, we need to move forward.  Freeman Road is on the top of the priority list when it comes to the Wholly Part Town Wide Water improvement project.

•·         Gaines, New York last month, passed a Local Law and I want to do the exact same thing in Royalton.

I have forwarded the information to Tom Brandt and have asked him to look into this.  They have passed a funeral buffer law that will ensue that anti-war protesters and religious groups won't be able to harass grieving families at military funerals.

•o    It sets restrictions around the residences, burial sites, funeral services and processions.  It includes fines up to $1,000.00 and up to a year in prison.  

•o    This is set to allow families and friends to grieve the death of a relative or loved one to be peaceful, with respect, dignity and privacy.

•o    We would have to hold a public hearing and lay out the details at the time.  So I would like a resolution to schedule a public hearing at 7:15 P.M. at the October Board meeting.

PUBLIC COMMENT

James Kelly, resident, asked if we knew that the barriers are gone on Foote Road/Mann Roads after the recent accident.  I was looking at the minutes from the Special Board Meeting, August 17, 2011 and it said that we are continuing to make steps to work on the Court Compliance list.  I am unfamiliar with the Court Compliance list is.  I have heard from the State Magistrates that none of these things are required by law.  Another comment was that we should revisit the chairs during budget time.  If we don't get a grant, we shouldn't be taking it out of our funds.  I would like to know just where this Court Compliance list is coming from.

There being no further information or discussion to come before this Town Board Meeting, a motion was made by Councilman Budde, seconded by Councilman Rehwaldt and carried unanimously that the Town Board Work Session Meeting be adjourned at 7:00 P.M.  

Respectfully submitted,

Patricia Hinds

Deputy Town Clerk