REGULAR BOARD MEETING

December 10, 2007

The Regular Board Meeting of the Town Board of the Town of Royalton was held on Monday, December 10, 2007, at the Royalton Town Hall, 5316 Royalton Center Road, Middleport, New York.  The meeting was called to order by Supervisor Cal Rhoney at 8:20 PM with the Pledge to the Flag.  

The following were present:

Supervisor                                                            Cal Rhoney

Town Clerk                                                           Marie L. Little, RMC

Councilmen                                                           Lee Criswell, A. Robert Stahl, Richard J. Lang

Highway Superintendent                                         Terry Nieman

Water/Sewer Superintendent                                  Daniel Morse

Assessor                                                               Thomas Arlington

Attorney                                                                Robert Roberson

Historian                                                                Jesse Bieber

Ditching Coordinator                                               Absent:  Paul Bruning

Also present were:                                               See Attached Sheets

RESOLUTION 102-07

APPROVAL OF MINUTES

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

ADOPTED            AYES 4                  Rhoney, Criswell, Stahl, Lang

                          NAYS 0                                                                  MOTION CARRIED

Resolved that the minutes of the November 19, 2007 meeting be approved as submitted by the clerk.   

PUBLIC COMMENT 

There was no public comment to come before the town board at this time. 

COMMUNICATIONS

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

REPORT OF DEPARTMENT HEADS

Thomas Arlington, Assessor / Code Enforcement Officer - nothing to report at this time. 

Daniel Morse, Water/Sewer Superintendent - nothing to report at this time. 

Terry Nieman, Highway Superintendent - Agenda item.

Marie L. Little, RMC, Town Clerk - nothing to report at this time. 

John Swick, Constable - nothing to report at this time. 

Jesse Bieber, Town Historian - nothing to report at this time. 

Paul Bruning, Ditching Coordinator - Absent

Thomas Brandt, Town Attorney - Agenda item.

UNFINISHED BUSINESS

There was no unfinished business to come before the town board at this time.

NEW BUSINESS

Supervisor Rhoney announced that the Year-End Meeting will be held here at the Town Hall on Thursday, December 27, 2007 at 10:00 AM.   This meeting will be to approve any bills which have come in after this meeting, prior to the end of the year. 

RESOLUTION 103-07

GASPORT STRATEGIC PLAN FOR ECONOMIC DEVELOPMENT

On a motion made by Supervisor Rhoney, seconded by Councilman Lang, the following resolution was

ADOPTED            AYES 4                  Rhoney, Criswell, Stahl, Lang

                          NAYS 0                                                      MOTION CARRIED

Resolved to adopt the Gasport Strategic Plan for Economic Development as presented by Camoin & Associates prior to this board meeting this evening. 

RESOLUTION 104-07

LINE ITEM TRANSFER FOR SNOW REMOVAL

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

ADOPTED            AYES 4                  Rhoney, Criswell, Stahl, Lang

                          NAYS 0                                                      MOTION CARRIED

Resolved to authorize a line item transfer in the amount of $25,000.00 from DB5142.1 (Snow Removal - Personal Services) to DB5142.4 (Snow Removal - Contractual).

RESOLUTION 105-07

BID AWARD - LIQUID COOLED GAS ENGINE GENERATOR SET FOR TOWN HALL

On a motion made by Councilman Lang, seconded by Councilman Stahl, the following resolution was

ADOPTED            AYES 4                  Rhoney, Criswell, Stahl, Lang

                          NAYS 0                                                      MOTION CARRIED

Resolved to award the bid to install a Liquid Cooled Gas Engine Generator Set for the Town Hall to Elite Electrical and Construction of East Bethany at a cost not to exceed $12,786.00.  They will provide and install a 30kw Liquid Cooled Gas Engine Generator Set with 200 amp ATS as specified in the bid package. 

RESOLUTION 106-07

LIQUOR LICENSE RENEWAL - HOGANEY, INC. dba CANALSIDE INN

On a motion by Councilman Stahl, seconded by Councilman Lang, the following was

ADOPTED            AYES  4 Rhoney, Criswell, Stahl, Lang

                          NAYS  0                                     MOTION CARRIED

Resolved to accept for filing the notice from Hoganey, Inc. dba Canalside Inn, stating their intent to renew their liquor license, Serial #3101218, which expires on January 31, 2008.

RESOLUTION 107-07

REPAYMENT OF FUNDS FROM HIGHWAY DEPT. TO CAPITAL FUNDS

On a motion by Councilman Stahl, seconded by Councilman Criswell, the following was

ADOPTED            AYES  4 Rhoney, Criswell, Stahl, Lang

                          NAYS  0                                     MOTION CARRIED 

Resolved to make the following repayment arrangements from the Highway Department account to the Capital Funds account:

Repayment of $21,800.00 from the Town of Royalton Highway Department to the Town of Royalton Capital Fund for expenses on November 18, 2005 for payables on Abstract #11 in the amount of $18,800.00, and December 12, 2005 for payroll expenses in the amount of $3,000.00.

This loan was due to a deficit in the Highway Cash Account at this time.  All were expensed in 2005 to the appropriate funds.

 Fund DB-0630.00 Due to Other funds will be debited for the $21,800.00, and credited out of the DB-0200.00 Cash Fund.

 Fund HO-0391.00.0 Due from Other Funds will be credited for the $21,800.00, and debited to `HO-0200.00.0.

 There will be a cash transfer via ACH from the Highway bank account to the Capital bank account.

Attorney Brandt stated that we received a letter from the DEC dated 12/5/07 listing several action items that need to be adhered to.  Attorney Brandt explained the need for the resolution.  The Town Planning Board will look at these items as part of the SEQRA Review. 

Attorney Brandt stated that the Town Board is just giving the consent to move forward with the fact that the SEQRA has to be satisfied. 

Supervisor Rhoney stated that the Town Engineer and the Water/Sewer Department will be involved in this project.  The Highway Department will be involved as well.

Attorney Brandt stated that the people who will live in this sub-division will pay for the Sewer Corporation Services.  There will be no cost to the town.  If the Sewer Corporation defaults, the Town has the right, not the obligation, to take over and continue billing the residents for such services. 

Supervisor Rhoney asked Mr. Phil Gow, Planning Board Chairman, if he had any questions.  Mr. Gow stated that they are satisfied as long as the Town Board is satisfied.  The Niagara County Health Department will have the final say before the final approval of the Town board. 

Councilman Lang asked who would handle the Sewer Corporation paperwork.  Attorney Brandt stated that the applicant takes care of this.  The Town does not handle any of this paperwork 

RESOLUTION 108-07

DEER VIEW PATIO HOMES SUBDIVISION

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

ADOPTED            AYES  4 Rhoney, Criswell, Stahl, Lang

                          NAYS  0                                     MOTION CARRIED 

Resolution to grant the following for the Deer View Patio Homes Subdivision:

WHEREAS, Deer View Patio Homes has submitted an application to the Town's Planning Board for approval of a subdivision; and

WHEREAS, said subdivision plans on installing a sewer system rather than individual septic systems for each residence; and

WHEREAS, New York State's Transportation Corporations Law provides for the creation of a "sewage-works corporation" to erect, operate and maintain a sewer system in a subdivision; and

WHEREAS, Deer View Patio Homes has submitted a proposed certificate of incorporation for a sewage works corporation to erect, operate and maintain the sewer system in the proposed Deer View Patio Homes subdivision; and

WHEREAS, The Town, under Transportation Corporations law section 116, is required to grant or deny a request for consent to the incorporation of a sewage-works corporation; and

WHEREAS, the Town previously gave its consent to the general idea of the sewage-works corporation for the Deer View Patio Homes subdivision; and

WHEREAS, the Town Planning Board has given preliminary approval to the Deer View Patio Homes subdivision.

NOW THEREFORE, be it resolved that the Town consents to the incorporation of the proposed sewage works corporation for the Deer View Patio Homes subdivision; provided further that said subdivision shall also receive final approval from the Town Planning Board and the Niagara County Health Department.  Said application shall take in to account the action items listed on the Department of Environmental Conservation's letter dated December 5, 2007 (copy attached). 

RESOLUTION 109-07

AUDIT OF CLAIMS

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

ADOPTED            AYES  4 Rhoney, Criswell, Stahl, Lang

                          NAYS  0                                     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 $180,512.03 covering vouchers #1340 - 1450 for Abstract #12 for 2007 for the Town Hall, Highway Department and the Water/Sewer Department.

Mr. James Budde asked about the resolution for the transfer of funds for the Highway Department.  The numbers do not match.  Town Clerk Marie L. Little stated that she will check on this to obtain the correct figures. 

Attorney Brandt read three (3) proclamations for Cal Rhoney, Lee Criswell, and A. Robert Stahl who will all be leaving public service for the Town of Royalton at the end of 2007. 

Supervisor Rhoney thanked everyone for the opportunity to serve the Town of Royalton.  Supervisor Rhoney stated that you don't get this type of experience in school. 

There being no further information to come before this board, a motion was made by Councilman Criswell, seconded by Councilman Stahl and carried unanimously that the meeting be adjourned at 8:45 PM.

Respectfully Submitted,

MARIE L. LITTLE, RMC

ROYALTON TOWN CLERK